When someone owns real estate in different countries, these questions inevitably come to mind: who will get it in the event of their death and under the jurisdiction of which country will their heirs come into an inheritance? In this article, we will explore how the acquired property in Thailand is inherited.
Content:
- Which country’s laws apply when the heirs register the property?
- What if there is a will?
- How to make a will in Thailand
- What exactly can be bequeathed in Thailand
- How to get an inheritance in Thailand?
Which country’s laws apply when the heirs register the property?
Let’s say a non-Thai national decided to buy an apartment in Thailand or a house in Thailand. They purchased a house, passed away some time later, and were survived by close relatives in their home country who would like to claim the inheritance. Which country’s laws will apply to this?
Any Thai property inheritance is governed by the laws of Thailand, regardless of what citizenship the owner had. According to local rules, heirs can claim real estate in the following order:
- the first in line are the first-class heirs, these are children;
- then, the second-class heirs, these are parents;
- further, the third-class heirs, namely brothers and sisters of full blood;
- next, the fourth-class heirs, which include brothers and sisters of half-blood;
- the fifth-class heirs are grandparents;
- and the last, sixth-class heirs are uncles and aunts.
Husband or wife can inherit property under special provisions. It happens like this:
- if there are first-class heirs, the spouse receives the inheritance in equal shares with them;
- if there are second-class heirs, the spouse receives half of the entire inheritance;
- if there are heirs of the remaining classes, the spouse receives two-thirds of the entire inheritance.
In addition, only adults can come into an inheritance in Thailand. Adulthood in the kingdom is reached at 20 years old. If the heir is younger, then until they reach the age of 20, the inheritance will be managed by a guardian appointed by the court.
If the owner did not leave any will, after their death, relatives will have to prove that they have the right to inherit the property. To do this, they will have to translate into Thai and certify documents confirming kinship (for example, a marriage, birth, or death certificate). Moreover, the documents will need to be legalised in Thailand itself. Without a will, the process of coming into an inheritance can be long and laborious.
What if there is a will?
It depends on where it was made. Technically, a Thai court can recognize a will that was drawn up in another country. However, the heirs will have to go through a thorny path: translate the document into Thai, certify the translation, and get it authenticated by competent government bodies. After that, the will will be considered by the Thai court, which will make the final decision.
However, this is a lengthy process. Therefore, so that the heirs do not face any problems, experts recommend making a will for Thai real estate in Thailand.
How to make a will in Thailand
There are three ways to make a will in Thailand:
- a written will, signed by the testator and two witnesses;
- an oral will, when a verbally delivered intention is converted into a document by the district officer;
- a secret will, kept at the district office and opened only after the testator’s death.
The best option is the first one. In this case, the will is drawn up in triplicate: one copy is kept by the will writer, another one is kept in a law office, and the last one is kept by the executor, who is named in the will. Copies of passports of the testator and heirs, and copies of real estate title deeds, chanots, are attached to these documents. Each page of the will must be signed. Also, the will indicates the executor, i.e. a trusted person who is allowed by the testator to represent their interests in court after their death and to carry out the wishes specified in the will.
The document must be in a language understandable to the testator and translated into Thai. It is better to make a will in English, as translation from English into Thai will be cheaper than translation from other languages. If the testator does not speak Thai, you should not draw up a will in it: such a document will be very easy to contest; this option is the most unreliable.
Drawing up a will costs from THB 7,000 (about $200 at the current exchange rate). In the end, it will be cheaper than if the heirs have to get multiple documents translated and certified and spend money on flights or lawyers for lengthy courts in order to come into an inheritance.
What exactly can be bequeathed in Thailand
In Thailand, you can pass down the following:
- real estate (apartments, houses, villas);
- company assets;
- condominium;
- leasehold property (only if the long-term lease agreement specifies the right of heirs to further lease).
How to get an inheritance in Thailand?
After the death of the property owner, the Thai court must decide whether the heirs can really come into possession of the apartment or house. Only after that the heirs can register the property.
The personal attendance of potential heirs at the trial is not mandatory since their interests can be represented by Thai lawyers.
