Inheritance is the last thing people think about, yet it decides what your loved ones receive. In Thailand the order depends on the ownership form: a freehold condo, leasehold or a villa via a company are inherited differently, each with nuances. Here’s how a foreigner’s property passes on, why a Thai will matters, and what to check in advance so you don’t leave heirs with problems.
Contents
1. Can a foreigner inherit
Yes, a foreigner’s property in Thailand is inherited, but the order depends on the ownership form. Freehold, leasehold and a company structure have different rules. The general principle: a structure and will planned in advance spare heirs long procedures and risks.
🔗 Ownership forms: Foreigner ownership →
2. Freehold condo
A foreign heir can inherit a freehold condo. The nuance: if the heir doesn’t meet ownership requirements (e.g. the unit exceeds the building’s foreign quota, or the currency-inflow condition isn’t met), the law may require selling the unit within a set period. So it’s important to understand the quota status in advance and to have a will.
3. Leasehold: passing by contract
The long-term lease (leasehold) right passes to heirs within the contract terms. The key point — inheritance must be expressly provided for in the leasehold contract. If this clause is absent or weak, the transfer to heirs can be complicated. That’s one reason to check the leasehold contract before the deal.
🔗 Leasing breakdown: Freehold vs leasehold →
4. Villa via a company
If a villa is held via a Thai company, the company shares are inherited, plus the building if registered separately to the foreigner. The order depends on the company’s articles and the will. Plan the company’s inheritance structure in advance with a lawyer.
🔗 Structure: Villa via a Thai company →
5. A Thai will
A separate Thai will for Thai assets is strongly recommended:
- Speeds up the Thai court process (probate).
- Reduces the risk of conflict with a home-country will.
- Clearly names heirs and an executor.
A will from another jurisdiction can also apply, but requires legalisation and translation, which takes longer.
6. Heirs without a will
Without a will, Thai inheritance law applies: assets are distributed among statutory heirs in a set order (spouse, children, parents, etc.). The process is longer, less predictable and can lead to disputes. A will is almost always preferable.
7. Pitfalls
- No Thai will. Heirs face a long procedure.
- Leasehold with no inheritance clause. Transfer is complicated.
- Ignoring the freehold one-year nuance. An heir may need to sell.
- Company with no inheritance plan. Shares “hang” without a clear structure.
- Skipping a lawyer. Inheritance planning is built individually.
8. Case: leasehold with no inheritance clause
Consider a typical scenario. An investor took a leasehold unit without noticing the inheritance section of the contract — it was vaguely worded. After their passing, the heirs found the lease transfer had to be proven and negotiated, losing time. In strong projects the developer spells out inheritance clearly — that’s what to check.
Takeaway: inheritance is part of due diligence, not “later.” A Thai will and a correct contract spare your loved ones trouble.
I’ll help check the inheritance clauses in the contract and arrange a Thai will with a lawyer.
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Informational only, not legal advice; build the inheritance structure with a Thai lawyer.