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Thai Lawyer Holding Company

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Hi Guys, I could do with some advise please. My Thai wife sadly last August, as part of our retirement plan I bought a house in Hua Hin in her name. I had wills produced for both of us. I needed to go to a Thai Court in Nov and was granted administrator rights to her will. I can own the house but not the land it sits on. My Thai lawyer has suggested that I put the land section into her holding company, this will cost 40,000 TB to go in and If I want to sell anytime in the future another 40,000 to come out.

I would be most grateful for any thoughts for this proposal. The court has given me a year to sort this out, it looks like I have two choices - Sell or Land in her holding company

Your lawyer has come up with a remarkably cheap option. There will also be accounting fees every year I suspect, typically 15,000 baht per year.

I don't think you will have any problem from anyone, in your own will, just leave the shares in your company to someone NOT THE LAND.

On 1/14/2026 at 11:45 PM, FritsSikkink said:

How can her holding company operate while she passed away?

I have seen no mention in this topic of "her", ie the lawyer, having passed away.

On 1/8/2026 at 7:43 AM, Duncan 100 said:

My Thai lawyer has suggested that I put the land section into her holding company

My understanding of a holding company is that it is a parent corporation that owns controlling stock in other companies but doesn't produce its own goods or services.

Is your lawyer suggesting the registration of a new company which will own the land that your wife has left you in her will, and that your lawyer's holding company will own 100% of the shares of this new company?

Are you the only beneficiary in your wife's will?

3 hours ago, Puccini said:

I have seen no mention in this topic of "her", ie the lawyer, having passed away.

Read the OP another couple of times:

"My Thai wife sadly last August, .......... My Thai lawyer has suggested that I put the land section into her holding company.

Next post:

"My Thai wife sadly died last August"

While the intent is there the English may be a little off.

OP I am assuming that your wife died and my condolnces

I am also assuming that her holding company is a lawyer.

My personal advice is check with a different law firm to make sure you are not getting ripped off.

The lawyer, if you are not careful, can decide that you need to leave the land if she has ownership, and then you are screwed.

Asking for legal information is like getting dating advice for a long-term relationship from bar girls on Walking Street. Yeah, you will get it, but the quality will be slightly off.

You don't say where you live, but I would go to the nearest big city and get advice, and the lawyer checked it out.

We see a lot of advertising for Siam Legal and i can recommened they whole heartedly,

On 1/8/2026 at 7:43 AM, Duncan 100 said:

Hi Guys, I could do with some advise please. My Thai wife sadly last August, as part of our retirement plan I bought a house in Hua Hin in her name. I had wills produced for both of us. I needed to go to a Thai Court in Nov and was granted administrator rights to her will. I can own the house but not the land it sits on. My Thai lawyer has suggested that I put the land section into her holding company, this will cost 40,000 TB to go in and If I want to sell anytime in the future another 40,000 to come out.

I would be most grateful for any thoughts for this proposal. The court has given me a year to sort this out, it looks like I have two choices - Sell or Land in her holding company

Condolences.

I don't understand when you mention "her holding company"?

If her holding company is a "Thai company limited", there shall be at least two shareholders and one or more Thais own at least 51% of the shares. Your late wifes shares will be part of etstae, who will inheret those?

If your late wife's holding company is a "partnership limited", I don't think it can continue – it will need a new partner to replace your latre wife.

Establishing a new Thai company limited today as owner of land has become a bit more complicated, as you cannot use nomine shareholders and the company needs other activities than one plot of land rented out to a foreigner. I'll gladly share my knowledge abot this, if that is what is in your mind.

No matter which issue for land ownership, there will be running costs of a company, hereunder the annual balance and tax report. So, if transfer costs oir opening expenses is 40k baht, there will on top be annual expenses, which might not be less than 40k baht today – likely more – depending of other activies in the company.

Considering recent acts against " Nominees " in Hua Hin and other locations in Thailand ( read news ) i would consider a 30 year Leasehold, registered at Land Department, plus a Usufruct & Servitude and special thoughts of how and who should own the land .... just my opinion . Consult a Thai Lawyer for more information.

1 hour ago, khunPer said:

If her holding company is a "Thai company limited", there shall be at least two shareholders and one or more Thais own at least 51% of the shares. Your late wifes shares will be part of etstae, who will inheret those?

"Her holding company" means the lawyer's holding company, not the wife's, the way I read it.

On 1/8/2026 at 7:43 AM, Duncan 100 said:

My Thai lawyer has suggested that I put the land section into her holding company, this will cost 40,000 TB to go in and If I want to sell anytime in the future another 40,000 to come out.

I would be most grateful for any thoughts for this proposal.

If "her holding company" is the lawyer's company, then you in principle gift the lawyer the land and rent it from her company. The title deed will be transferred to the lawyer's holding company as registered owner. Be aware of transfer fees, stamps and eventual tax whenever at title deed change owner. You have furthermore lost your control of both land and house.

You can judge yourself, if that is a way to proceed.

My real estate solicitor suggested a way to secure one's property – when someone else owns it – by register a loan as mortgage on the title deed at the land department. The amount can be the value of the land and the building(s), eventual with a an interest facing the expected value increase of the property. With that, the land cannot be sold or transferred without the loan and interest is fully paid.

Another possibility is having a habitation right registered on the title deed in the land office. The habitation can you the right to live in the property for either a certain number of year up to 30 years, or as long as you live. You can read more about habitation rights here:

https://www.samuiforsale.com/real-rights/habitation-property-rights.html

Sorry to mention it, but in my view, in Thailand one must always be worth more alive, than dead.

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