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Foreigners and inheritance in Thailand: Key aspects

Home page » Useful information » Foreigners and inheritance in Thailand: Key aspects
Foreigners and inheritance in Thailand: Key aspects
Author of the article:
Maksim
Thailand
Real Estate Specialist
Date:  04.02.2024
Reading time: 8 min.
Views:  514

The topic of inheritance of real estate in Thailand for foreigners is very complex and requires detailed consideration. The importance of this issue is undeniable, given the growing number of foreign citizens buying real estate in this beautiful country. However, there are certain differences in the inheritance law of Thailand and Russia that need to be taken into account.

We hope that this information will be useful and help you navigate the issues of property inheritance in Thailand.

The main differences between Thai and Russian inheritance law

ParametersRussiaThailand
Ownership transfer systemThe inheritance is divided between all heirs in equal shares.The principle of "first heir" applies — the right to inheritance is given to the next of kin of the deceased or the heir indicated in the will.
Accounting for kinship relationshipsAll heirs, regardless of the degree of kinship, have equal rights to the inheritance.More weight is given to the next of kin of the deceased.
Your last will and testamentA will can change the order of inheritance, but it does not cancel the rights of heirs under the law.A will takes precedence over the law and can completely change the order of inheritance.
Inheritance without a willThe inheritance is divided between all heirs in equal shares.The right to inheritance is granted to the next of kin of the deceased.

Despite these differences, both in Russia and Thailand, it is possible to make a will that will allow you to independently dispose of your property after death.

Legal basis of inheritance law in Thailand

Thai inheritance law is based on two basic principles of transfer of property rights: by law and by will. It is important to note that each of them has its own characteristics and requires separate consideration.

Inheritance by law: This option applies in cases where the deceased left no will. In this case, the inheritance is transferred to the next of kin of the deceased in a certain sequence, which is established by law. Priority of heirs is determined by the degree of kinship with the deceased: first, the right to inheritance is granted to children and spouses, then to parents, siblings, and then to further relatives.

Inheritance by will: If the deceased left a will, the inheritance is transferred in accordance with his wishes set out in this document. A will allows the deceased to dispose of their property at their own discretion and determine who will be their heirs. However, it is important to remember that a will must be executed in accordance with the requirements of Thai law in order to be recognized as valid.

In any case, the inheritance process in Thailand requires legal literacy and an understanding of local laws. For foreigners, this can be a difficult task, the solution of which is better to entrust to professionals.

Inheritance without a will

Intestate inheritance in Thailand, also known as legal inheritance, is carried out in strict accordance with Thai law. In this case,, legal succession it is determined based on the degree of kinship with the deceased.

  1. First of all, the spouse and children of the deceased become the heirs.
  2. If there are none, the parents will inherit.
  3. In the absence of parents — siblings.
  4. At the end of the list — further relatives and the state.

The absence of a will can create many problems for foreign heirs. Without clearly written instructions in the will, disputes and conflicts may arise between potential heirs. After all, each of the relatives can claim their share in the inheritance.

It is important to remember that foreigners cannot own land in Thailand. Therefore, if the deceased owned the land, it passes to a Thai citizen or state.

In this regard, it is especially important for foreigners to think about making a will in advance in order to protect their interests and the interests of their loved ones.

A will in Thailand: why it is needed and how to make it correctly

In the context of inheritance real estate in ThailandIn Thailand, a will is a key tool for foreigners to effectively manage their assets after death. The importance of a will for foreigners who own real estate in Thailand cannot be overemphasized. It is a legal document that allows a property owner to determine who will receive their property upon their death, thereby avoiding many of the problems associated with transferring ownership.

When making a will in Thailand, it is important to consider a number of key points. First, the will must be drawn up in writing and signed by the testator in the presence of two witnesses. Secondly, the will must contain a clear indication of who is the heir and what specific property is transferred. Third, it is always recommended to contact a notary to ensure the validity of the document.

To make a will, you will need the following documents::

  1. Identity documents of the testator (passport)
  2. Documents for real estate (certificate of ownership, purchase and sale agreement, etc.)
  3. If the will specifies specific persons, their identity documents will be required.

Making a will is an important step that helps ensure that your property in Thailand is transferred in accordance with your wishes and avoid potential conflicts in the future.

Inheritance of real estate in a leasehold

If the owner of a property in Thailand has chosen a form of ownership in the form of a leasehold (long-term lease), then the transfer of rights to this property also has its own characteristics. When inheriting a leasehold, it is necessary to take into account that the right to lease is transferred to the heirs, but they must fulfill all the obligations stipulated in the lease agreement.

However, there is another side to the coin. Despite the fact that a leasehold does not grant full ownership rights, this form of property ownership may be more preferable for foreigners. First, Thai law allows foreigners to own land in a leasehold without restrictions. Secondly, the lease right can be transferred or sold, which makes the leasehold a flexible property management tool.

When transferring leasehold rights to heirs, it is important to take into account several key points. First, you need to make sure that the lease agreement allows the transfer of rights. Secondly, it is necessary to issue the relevant documents confirming the transfer of rights. Third, the heirs must be prepared to assume all the obligations under the lease agreement.

In any case, the transfer of leasehold rights requires careful planning and legal support. It is recommended to contact experienced lawyers specializing in property inheritance issues in Thailand.

Inheritance procedure in Thailand

Entering into inheritance in Thailand is a process that requires a thorough approach and knowledge of local legislation.

  1. Filing an application for entering into an inheritance in courtQuestioner: This is the first and most important step to be taken. The application must be made correctly and include all the necessary documents confirming your right to inheritance.
  2. Consideration of the application by the court: After the application is submitted, the court will review it. In this process, the court takes into account all the submitted documents and circumstances in order to make a decision on the transfer of ownership.
  3. Registration of ownership rights: After the court decision on the transfer of ownership rights, this right should be registered with the relevant state bodies. This stage can be difficult, especially for foreigners, so it is recommended to use the services of a professional legal consultant.

An important role in the process of entering into an inheritance is played by administrator of the will (or executor). This is the person to whom the testator has entrusted the execution of his will. The administrator of the will controls the transfer of ownership and ensures that the will of the deceased is carried out. It can also help resolve any issues and conflicts that arise between potential heirs.

All of these aspects highlight the complexity of the inheritance process in Thailand and the need to seek professional legal assistance.

Legal assistance and advice

Entering into inheritance in Thailand can be a complex process for foreigners, requiring special attention and knowledge of local legislation. In this case, legal assistance comes to the rescue. Choosing a reliable legal adviser in Thailand is an important step that can greatly facilitate the inheritance process.

A legal adviser will help you collect all the necessary documents, correctly draw up an application for entering into an inheritance, and also represent your interests in court. They will be able to provide the necessary support and assistance at all stages of the inheritance process, starting from filing an application in court and ending with the registration of property rights.

When applying for legal assistance, it is important to take into account the reputation and experience of the consultant in the field of inheritance law. It is recommended to choose those specialists who specialize specifically in the issues of inheritance of real estate in Thailand.

In addition, it is important to take into account that the inheritance law of Thailand has its own characteristics, so choosing a specialist who knows local realities and nuances of legislation will be the best solution. An experienced legal adviser will be able to offer the most effective and safe ways to resolve any issues that arise, which will save you time and money.

Conclusion

Inheritance real estate in Thailand - is a complex process that requires knowledge of local legislation and the right approach. This is especially true for foreign nationals, for whom certain restrictions apply.

However, with the right approach and the help of professionals, this process can be greatly simplified. It is important to keep in mind the need to make a will, choose the form of ownership of real estate, as well as the role of the administrator of the will.

Frequently Asked Questions

The main differences include the system of transfer of ownership, consideration of family ties, and the role of probate.

The will allows you to determine the heirs and dispose of the property at your discretion, ensuring the protection of interests.

In the absence of a will, the inheritance is distributed in accordance with Thai law, and disputes may arise between the heirs.

Foreigners cannot own land in Thailand, so land plots are transferred to Thai citizens or the state.

The will must be in writing, signed in the presence of witnesses and contain a clear indication of the heirs and property.

It is recommended that you contact a lawyer or inheritance specialist for legal support and compliance with local laws.

What are the main differences between inheritance rights in Thailand and Russia?

The main differences include the system of transfer of ownership, consideration of family ties, and the role of probate.

What are the advantages of making a will in Thailand?

The will allows you to determine the heirs and dispose of the property at your discretion, ensuring the protection of interests.

What happens if a foreigner in Thailand does not have a will?

In the absence of a will, the inheritance is distributed in accordance with Thai law, and disputes may arise between the heirs.

What restrictions do foreigners have when owning real estate in Thailand?

Foreigners cannot own land in Thailand, so land plots are transferred to Thai citizens or the state.

What are the key points to consider when making a will in Thailand?

The will must be in writing, signed in the presence of witnesses and contain a clear indication of the heirs and property.

What specialist can help foreigners in the inheritance process in Thailand?

It is recommended that you contact a lawyer or inheritance specialist for legal support and compliance with local laws.

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