Lawyers in Koh Samui

[Paula Thompson]

Hi All 

 

Hoping that some of you can personally recommend a good law firm on Koh Samui. We are hoping to relocate to Koh Samui before the end of the year and will be applying for the retirement visa for my husband.  We will need a good lawyer to support us in that application and also to deal with real estate and probate matters.  Have you used someone that you would be happy to recommend?  

 

Thanks in advance for any advice! 

 

Best regards 

 

Paula 

[ubonjoe]

Moved to the Koh Samui forum for local input,

[BritManToo]

You need a VISA agent not a lawyer (if you can't be bothered to do it yourself).

No need for a lawyer to rent property.

[PoorSucker]

I have used Mr Lek for 10 years 

[khunPer]

19 hours ago, BritManToo said:

You need a VISA agent not a lawyer (if you can't be bothered to do it yourself).

No need for a lawyer to rent property.

The OP asked...

Quote

...and also to deal with real estate and probate matters.

I would recommend a lawyer...

[khunPer]

19 hours ago, Paula Thompson said:

We are hoping to relocate to Koh Samui before the end of the year and will be applying for the retirement visa for my husband.  We will need a good lawyer to support us in that application and also to deal with real estate and probate matters.  Have you used someone that you would be happy to recommend?

You don't need a lawyer to apply for extension of stay based on retirement. You need a non-immigrant type "O" visa (avoid "O-A"), which you can apply for in your home country, or even change a tourist visa, or visa exempt entry, for at a local immigration office.

 

The pinned thread about Samui Immigration office normally include all present details about paperwork and procedure for application for extension of stay based on retirement; it not that difficult...

 

There are numerous law firms at Koh Samui specializing in property, and they will probably also be able to handle probate matters.

 

I've been very happy with using Crawshaws Solicitors in Bo Phut, they are specialized in property, but also handles numerous other matters.

 

A first informative meeting is normally free of charge, so consulting a few law firms, and have some inputs from them, might be advisable; it's important you work with a solicitor that understand your needs, and you have a good feeling for co-operation with.

Excellent general information about property can be found on the homepage "Samui for Sale".

 

Please feel free to ask questions you think that Samui-resident forum members might be able to help you with...????

[Paula Thompson]

On 1/29/2020 at 12:33 PM, BritManToo said:

You need a VISA agent not a lawyer (if you can't be bothered to do it yourself).

No need for a lawyer to rent property.

Thanks - looking to potentially buy property rather than rent though. Assume we’ll need a lawyer for that? Thx again

[Paula Thompson]

5 hours ago, khunPer said:

You don't need a lawyer to apply for extension of stay based on retirement. You need a non-immigrant type "O" visa (avoid "O-A"), which you can apply for in your home country, or even change a tourist visa, or visa exempt entry, for at a local immigration office.

 

The pinned thread about Samui Immigration office normally include all present details about paperwork and procedure for application for extension of stay based on retirement; it not that difficult...

 

There are numerous law firms at Koh Samui specializing in property, and they will probably also be able to handle probate matters.

 

I've been very happy with using Crawshaws Solicitors in Bo Phut, they are specialized in property, but also handles numerous other matters.

 

A first informative meeting is normally free of charge, so consulting a few law firms, and have some inputs from them, might be advisable; it's important you work with a solicitor that understand your needs, and you have a good feeling for co-operation with.

Excellent general information about property can be found on the homepage "Samui for Sale".

 

Please feel free to ask questions you think that Samui-resident forum members might be able to help you with...????

Thanks so much for the detailed response! I will check out Visa Agents as opposed to law firms for that particular aspect so. I will also check out Crawshaws and the Samui for Sale site that you kindly linked! Much appreciated 

[BritManToo]

6 minutes ago, Paula Thompson said:

Thanks - looking to potentially buy property rather than rent though. Assume we’ll need a lawyer for that? Thx again

You can't own anything apart from a condo in Thailand.

You don't need a lawyer to buy a condo, it's a cash deal done at the Land Office.

[Tropicalevo]

15 hours ago, BritManToo said:

You can't own anything apart from a condo in Thailand.

You don't need a lawyer to buy a condo, it's a cash deal done at the Land Office.

I suggest that you talk to a lawyer.

It is legal for a foreigner to own property - including a condo. It is only the land that a foreigner cannot own directly.  There are a number of ways of owning the land indirectly. Some totally legal.

So - any more helpful advice?

[khunPer]

15 hours ago, BritManToo said:

You can't own anything apart from a condo in Thailand.

You don't need a lawyer to buy a condo, it's a cash deal done at the Land Office.

I think you are giving wrong information. You can to my knowledge own up to 1 rai of land when having a 40 million baht investor visa.

 

You can also own a house, but you cannot own the land under the house; and to my knowledge neither the land under a condo, but you will instead have a share in the land if 51% is owned by Thais.

 

The are several aspects on how to own a house, and it's very advisable to use a solicitor or law firm to get the right set-up with best possible protection of your "investment", and the user-rights for the land under a house.

????

[ThomasThBKK]

You can just use a bangkok based lawyer, there's no need to get one with an office on samui. He will just fly there if necessary to do due diligence for land titles and co.

[Tropicalevo]

There is a wide range of adjectives used when describing lawyers here on Koh Samui. Ranging from very good to almost criminal.

One that I have used and can recommend is Manit and Associates at Samui Town Centre. He used to work for Tilleke and Gibbons - one of the better law firms in Bangkok.

He avoids the local lawyer 'mafia' by staying away from criminal cases. He concentrates on company and property law. (Or at least he did when I last spoke to him quite a few years ago.)

 

3 hours ago, ThomasThBKK said:

You can just use a bangkok based lawyer, there's no need to get one with an office on samui. He will just fly there if necessary to do due diligence for land titles and co.

This advice is also good. A friend used Tilleke and Gibbons in Bangkok when looking to buy land here on Samui, and they found an easement on the property that the local lawyers did not mention. ie access for a government road! ????

A Bangkok lawyer will obviously cost more.

[Tropicalevo]

Again, lots of visa agents on the island.

One of the better known ones is a guy called Herbert.

Everyone that I know who has used him have all been happy with his work.

I have never used him, (my accountant does all of my visa/work permit work) but he is well recommended.

Search for HDvisa Samui.

Good luck

[Paula Thompson]

On 1/31/2020 at 6:15 AM, Tropicalevo said:

I suggest that you talk to a lawyer.

It is legal for a foreigner to own property - including a condo. It is only the land that a foreigner cannot own directly.  There are a number of ways of owning the land indirectly. Some totally legal.

So - any more helpful advice?

Thank you Tropicalevo! This was also my understanding having sought some initial advice and done some

early research ourselves! Appreciate the input. Thx 

[Paula Thompson]

On 1/31/2020 at 6:29 AM, khunPer said:

I think you are giving wrong information. You can to my knowledge own up to 1 rai of land when having a 40 million baht investor visa.

 

You can also own a house, but you cannot own the land under the house; and to my knowledge neither the land under a condo, but you will instead have a share in the land if 51% is owned by Thais.

 

The are several aspects on how to own a house, and it's very advisable to use a solicitor or law firm to get the right set-up with best possible protection of your "investment", and the user-rights for the land under a house.

????

Thanks khunPer - will def week our legal advice as you suggest!

[Paula Thompson]

On 1/29/2020 at 10:30 PM, PoorSucker said:

I have used Mr Lek for 10 years 

Thx! Will check him out. 

[Paula Thompson]

On 1/31/2020 at 6:29 AM, ThomasThBKK said:

You can just use a bangkok based lawyer, there's no need to get one with an office on samui. He will just fly there if necessary to do due diligence for land titles and co.

Hadn’t thought of this! Thanks for the tip - opens up the options somewhat! Cheers 

[Paula Thompson]

On 1/31/2020 at 10:23 AM, Tropicalevo said:

Again, lots of visa agents on the island.

One of the better known ones is a guy called Herbert.

Everyone that I know who has used him have all been happy with his work.

I have never used him, (my accountant does all of my visa/work permit work) but he is well recommended.

Search for HDvisa Samui.

Good luck

Thx again Tropicalevo - will check out HDvisa Samui together with Crawshaws and Manit and Associates! Will also look at some BKK law firms as suggested by another poster (noting the higher cost implications). 

[Paula Thompson]

On 1/30/2020 at 8:38 AM, khunPer said:

You don't need a lawyer to apply for extension of stay based on retirement. You need a non-immigrant type "O" visa (avoid "O-A"), which you can apply for in your home country, or even change a tourist visa, or visa exempt entry, for at a local immigration office.

 

The pinned thread about Samui Immigration office normally include all present details about paperwork and procedure for application for extension of stay based on retirement; it not that difficult...

 

There are numerous law firms at Koh Samui specializing in property, and they will probably also be able to handle probate matters.

 

I've been very happy with using Crawshaws Solicitors in Bo Phut, they are specialized in property, but also handles numerous other matters.

 

A first informative meeting is normally free of charge, so consulting a few law firms, and have some inputs from them, might be advisable; it's important you work with a solicitor that understand your needs, and you have a good feeling for co-operation with.

Excellent general information about property can be found on the homepage "Samui for Sale".

 

Please feel free to ask questions you think that Samui-resident forum members might be able to help you with...????

KhunPer - would you be happy to share your thoughts on the O-A visa? I note your advice to steer clear of this type of visa. This is the visa we were hoping to pursue. . . Thx in advance 

[khunPer]

3 hours ago, Paula Thompson said:

KhunPer - would you be happy to share your thoughts on the O-A visa? I note your advice to steer clear of this type of visa. This is the visa we were hoping to pursue. . . Thx in advance 

Thanks for your reply.

 

The non-immigrant "O-A" – the so-called retirement visa – can be obtained in a limited number of countries, which must be home country of applicant.

 

The "O-A" visa gives you a one year stay with multiple re-entry, and can provide almost two years in Thailand, if last re-entry is short time before the one-year visa-period expires, as last entry will permit a one year stay, but no more re-entry; i.e. you cannot leave Thailand in that period without the visa becoming void.

 

The "O-A" visa requires a health insurance of at least 400,000 baht inpatient, and 40,000 baht outpatient.

 

The "O-A" visa requires a cash deposit equivalent to 800,000 baht, but the deposit can be in a foreign country, i.e. your home country, and in foreign currency. To obtain the "O-A" visa a health check certificate is required, and a (preferably blank) criminal record.

 

An "O-A" visa can be extended for annual stay, like other visas, but so far it seems like the heath insurance is still mandatory.

 

Most retired prefers the non-immigrant "O" visa, which is easy to obtain in both one's home country, a neighboring country to Thailand, and even locally after entering on a tourist visa or 30-day visa exempt.

 

The "O" visa permits 90-days of stay, so within the last 30 day one shall apply for an extension of stay based on retirement; there is however also a one-year "O"-visa, but after 90-days one shall leave the Kingdom for re-entry, so-called "visa run", each stay in Thailand can be of maximum 90 days.

 

The major difference is the mandatory health insurance of minimum 400k baht inpatient and 40k baht outpatient. For obtaining an "O"-visa no heath insurance is mandatory, nor health check and criminal record.

 

At Samui, as one of the few places, if not the only, an annual health check is required when applying for extension of stay; a simple 15 minutes procedure at a private hospital for 250 baht.

 

For extension of stay for one year, an 800k baht deposit in a Thai bank is required – it can be lowered to 400k bath after 3 month, but shall be 800k bath again 2 moth before next application for extension of stay – or proof for average a minimum of 65k baht pension (income) a month transferred into Thailand for both "O-A" and "O", but for the "O"-visa no mandatory health insurance is needed.

 

A health insurance makes sense, but the "O"-visa gives you a wider choice and more simple procedure – a foreign health insurance company shall for example fulfill a document for the Thai authorities to be approved for an "O-A" visa – or the choice of self-insurance, which might make sense in some cases, or at some age, depending of one's health and financial situation.

 

There are several threads in Thaivisa Forum about "O-A" versus "O".

 

The mandatory health insurance can be obtained from these Thai companies listed on the official "long stay" home page.

 

You don't need an agent to deal with an extension of stay, just follow the advises in the pinned thread, then it's a quite simple procedure.

????

 

[evadgib]

You're getting quite good at this, Per ????

[Paula Thompson]

On 2/1/2020 at 4:53 PM, khunPer said:

Thanks for your reply.

 

The non-immigrant "O-A" – the so-called retirement visa – can be obtained in a limited number of countries, which must be home country of applicant.

 

The "O-A" visa gives you a one year stay with multiple re-entry, and can provide almost two years in Thailand, if last re-entry is short time before the one-year visa-period expires, as last entry will permit a one year stay, but no more re-entry; i.e. you cannot leave Thailand in that period without the visa becoming void.

 

The "O-A" visa requires a health insurance of at least 400,000 baht inpatient, and 40,000 baht outpatient.

 

The "O-A" visa requires a cash deposit equivalent to 800,000 baht, but the deposit can be in a foreign country, i.e. your home country, and in foreign currency. To obtain the "O-A" visa a health check certificate is required, and a (preferably blank) criminal record.

 

An "O-A" visa can be extended for annual stay, like other visas, but so far it seems like the heath insurance is still mandatory.

 

Most retired prefers the non-immigrant "O" visa, which is easy to obtain in both one's home country, a neighboring country to Thailand, and even locally after entering on a tourist visa or 30-day visa exempt.

 

The "O" visa permits 90-days of stay, so within the last 30 day one shall apply for an extension of stay based on retirement; there is however also a one-year "O"-visa, but after 90-days one shall leave the Kingdom for re-entry, so-called "visa run", each stay in Thailand can be of maximum 90 days.

 

The major difference is the mandatory health insurance of minimum 400k baht inpatient and 40k baht outpatient. For obtaining an "O"-visa no heath insurance is mandatory, nor health check and criminal record.

 

At Samui, as one of the few places, if not the only, an annual health check is required when applying for extension of stay; a simple 15 minutes procedure at a private hospital for 250 baht.

 

For extension of stay for one year, an 800k baht deposit in a Thai bank is required – it can be lowered to 400k bath after 3 month, but shall be 800k bath again 2 moth before next application for extension of stay – or proof for average a minimum of 65k baht pension (income) a month transferred into Thailand for both "O-A" and "O", but for the "O"-visa no mandatory health insurance is needed.

 

A health insurance makes sense, but the "O"-visa gives you a wider choice and more simple procedure – a foreign health insurance company shall for example fulfill a document for the Thai authorities to be approved for an "O-A" visa – or the choice of self-insurance, which might make sense in some cases, or at some age, depending of one's health and financial situation.

 

There are several threads in Thaivisa Forum about "O-A" versus "O".

 

The mandatory health insurance can be obtained from these Thai companies listed on the official "long stay" home page.

 

You don't need an agent to deal with an extension of stay, just follow the advises in the pinned thread, then it's a quite simple procedure.

????

 

Thank you for this - really helpful. Will investigate the O visa as a starter then. Cheers!

 

On 2/1/2020 at 4:53 PM, khunPer said:

Thanks for your reply.

 

The non-immigrant "O-A" – the so-called retirement visa – can be obtained in a limited number of countries, which must be home country of applicant.

 

The "O-A" visa gives you a one year stay with multiple re-entry, and can provide almost two years in Thailand, if last re-entry is short time before the one-year visa-period expires, as last entry will permit a one year stay, but no more re-entry; i.e. you cannot leave Thailand in that period without the visa becoming void.

 

The "O-A" visa requires a health insurance of at least 400,000 baht inpatient, and 40,000 baht outpatient.

 

The "O-A" visa requires a cash deposit equivalent to 800,000 baht, but the deposit can be in a foreign country, i.e. your home country, and in foreign currency. To obtain the "O-A" visa a health check certificate is required, and a (preferably blank) criminal record.

 

An "O-A" visa can be extended for annual stay, like other visas, but so far it seems like the heath insurance is still mandatory.

 

Most retired prefers the non-immigrant "O" visa, which is easy to obtain in both one's home country, a neighboring country to Thailand, and even locally after entering on a tourist visa or 30-day visa exempt.

 

The "O" visa permits 90-days of stay, so within the last 30 day one shall apply for an extension of stay based on retirement; there is however also a one-year "O"-visa, but after 90-days one shall leave the Kingdom for re-entry, so-called "visa run", each stay in Thailand can be of maximum 90 days.

 

The major difference is the mandatory health insurance of minimum 400k baht inpatient and 40k baht outpatient. For obtaining an "O"-visa no heath insurance is mandatory, nor health check and criminal record.

 

At Samui, as one of the few places, if not the only, an annual health check is required when applying for extension of stay; a simple 15 minutes procedure at a private hospital for 250 baht.

 

For extension of stay for one year, an 800k baht deposit in a Thai bank is required – it can be lowered to 400k bath after 3 month, but shall be 800k bath again 2 moth before next application for extension of stay – or proof for average a minimum of 65k baht pension (income) a month transferred into Thailand for both "O-A" and "O", but for the "O"-visa no mandatory health insurance is needed.

 

A health insurance makes sense, but the "O"-visa gives you a wider choice and more simple procedure – a foreign health insurance company shall for example fulfill a document for the Thai authorities to be approved for an "O-A" visa – or the choice of self-insurance, which might make sense in some cases, or at some age, depending of one's health and financial situation.

 

There are several threads in Thaivisa Forum about "O-A" versus "O".

 

The mandatory health insurance can be obtained from these Thai companies listed on the official "long stay" home page.

 

You don't need an agent to deal with an extension of stay, just follow the advises in the pinned thread, then it's a quite simple procedure.

????

 

Thanks for this detailed response! I really appreciate it. Am going to check out the O visa as a starter then. Thx so much 

[huberthammer]

On 1/31/2020 at 1:29 PM, ThomasThBKK said:

You can just use a bangkok based lawyer, there's no need to get one with an office on samui. He will just fly there if necessary to do due diligence for land titles and co.

I would argue that is nonsense. Having a local lawyer with knowledge of Samui, the local Land Office and the other lawyers on the island will help a lot to get a transaction done. I would fly in a Bkk lawyer in a legal dispute but it sounds like complete nonsense to use them for a property transaction here.

 

[khunPer]

6 hours ago, huberthammer said:

I would argue that is nonsense. Having a local lawyer with knowledge of Samui, the local Land Office and the other lawyers on the island will help a lot to get a transaction done. I would fly in a Bkk lawyer in a legal dispute but it sounds like complete nonsense to use them for a property transaction here.

Agree, that's what we often are told. Especially Samui is a bit – quite a bit – different from the mainland; the saying has always been that there is a long distance up to Bangkok when it comes to legal matters, which could be something as important as right of way to a property.

 

Also, the procedures at a land office is slightly different from province to province, so what a Bangkok law firm might consider as a good advise, might not be possible on Samui, like for example registering a usufruct in the name of a foreigner.

Edited February 5, 2020 by khunPer

[PoorSucker]

20 hours ago, huberthammer said:

I would fly in a Bkk lawyer in a legal dispute but it sounds like complete nonsense to use them for a property transaction here.

I wouldn't do that. 

They don't speak passa Dai, the south accent. 

People that speak South respects only others that are south. 

[Paula Thompson]

Everyone thank you so much for your replies - for taking the time and effort to share your advice and recommendations. I appreciate it. We have contacted all of the people suggested on here and for now have decided to engage Samui Law Firm, based on your recommendations and also having experienced their seemingly responsive, knowledgeable and professional approach! Fingers crossed. 
again - thank you all for your input. I will be back for all my other Koh Samui related questions!!

take care

Paula