Inheritances In Thailand

[creamontop]

This is a very specific question, maybe only able to be fully answered by any Thai notary.

I give it a try overhere anyway as it could have been the case to some of the people member of this board.

The full theory :

you are living in Thailand and married to a Thai Lady, maybe married outside Thailand or maybe married in Thailand. But your marriage has been approved/accepted by Thai authorities.

You still have your own (foreign) nationality, so you are a non-immigrant I suppose.

During your life in Thailand togheter with your Thai spouse, you buy property and put in on her name, as it is difficult (not saying impossible) to have Thai property on your hand. After a long and happy life your wife deceases. All property certificates are on her name.

1/ can she state in a last will (made up by a notary) all properties become your heritance (as you being a "farang")?

2/ What can one expect regarding taxes on these inheritances ?

3/ Will he be obliged to sell it to the family of his late spouse or somebody else ? As he is not entitled to have Thai property being a non immigrant or non Thai person ?

4/ Will the last will be suspended due to the fact the will is solely stated to a non immigrant / non Thai person ?

5/ Maybe there is a period of being in Thailand necessary to make the inheritance possible ? I mean.... you live a long time in Thailand with your wife(10 / 20 years). Showing most efforts you did have been beneficial to Thai community. How long will be satisfactory ?

And last but not least : what happens when she did not make a final will, so there is not notary paper ? What happens to her property ?

Thanks for any reply.

[mbkudu]

I'm pretty sure it goes to her relatives, not you.

[Wolfie]

i've read differently, that the land can cross to the farang in question... although i cant remember where i read this, i think it was on the Phuket Gazette Issues and Answers section... but it was some time ago...

[frumau]

As far as my Thai wife told me I will never get the land plus the house on top that she bought for us. You might get some money when it is sold though.. We haven't really figured that out yet..

[ZOVOX]

I read somewhere that landed property can go to farang. I think that the property goes into trust and sold, and you get the proceeds, but don't quote me on this - check with a lawyer !!

[Sumitr Man]

Let's look at your post one step at a time:

This is a very specific question, maybe only able to be fully answered by any Thai notary.

Whilst many advertise the service, under Thai law there is no such thing as a notary public. Most, if not all, certification can be done by any practising lawyer who has a Thai Law Society card.

I give it a try overhere anyway as it could have been the case to some of the people member of this board.

The full theory :

you are living in Thailand and married to a Thai Lady, maybe married outside Thailand or maybe married in Thailand. But your marriage has been approved/accepted by Thai authorities.

You still have your own (foreign) nationality, so you are a non-immigrant I suppose.

During your life in Thailand togheter with your Thai spouse, you buy property and put in on her name, as it is difficult (not saying impossible) to have Thai property on your hand.

At this time - as a farang - it isimpossible to buy in your hand unless you take advantage of the exception under Ministerial Regulations Governing Bases, Procedures and Conditions Respecting Acquirement of Land for Use as Residence of Aliens B.E. 2545 (2002) and as published in Ministerial Information Bulletin No. 972 dated 8 March 2002, whereunder your marriage would not be an issue, but other qualify and limiting criteria would be - namely that you acquire no more than 1 Rai (in aggregate, i.e. this can be more than one plot, but not a total holding exceeding this); bring into Thailand more than Bt.40m over the prescribed period, etc.

After a long and happy life your wife deceases. All property certificates are on her name.

1/ can she state in a last will (made up by a notary) all properties become your heritance (as you being a "farang")?

2 issue here:

1: all wills in Thailand need to be made in compliance with the Civil and Commercial Code of Thailand; Book VI; Succession Title II. Assuming such is done;

2: Section 93 of the Land Code prescribes as follows:

The Minister shall permit the inheritance of land by an alien who is the lawful heir, but such acquisition, when added to that which is already held, may not exceed the amount which may be held under Section 87

Thus, you have a 3-step process:

(1) you get the Minister's approval;

(2) the will is lawful - as prescribed under the CCC;

(3) you do not inherit more than the limit prescribed by S.87. For the purposes of this S.87 limit is currently 1 Rai.

In the event that you fail step (1), you need to look at Section 94 of the Land Code. This prescribes -

All the land which an alien has acquired unlawfully or without permission shall be disposed of by such alien within the time limit prescribed by the Director-General; which shall be not less than 180 days, nor more than 1 year.

2/ What can one expect regarding taxes on these inheritances ?

At the time of writing, Thailand has no inheritance tax - therefore, at this time, this is a non-issue.

3/ Will he be obliged to sell it to the family of his late spouse or somebody else ?

see above - but, there is no limitation on who he has to sell it to, beyond the fact it must be sold within the time prescribed.

As he is not entitled to have Thai property being a non immigrant or non Thai person ?

Answer is as above - re S.93 of the Land Code

4/ Will the last will be suspended due to the fact the will is solely stated to a non immigrant / non Thai person ?

Wills in Thailand must comply exactly with the above mentioned provisions of the Civil and Commercial Code. Assuming such is done, they can be in favor of whoever the benefactor so chooses.

5/ Maybe there is a period of being in Thailand necessary to make the inheritance possible ?

No; however, this may well have a bearing on whether or not the Minister approves your application [in the case you want to keep land - it may also apply in certain cases where you inherit large stockholdings that would otherwise be limited to farangs - for example, Thai Insurance Companies].

I mean.... you live a long time in Thailand with your wife(10 / 20 years). Showing most efforts you did have been beneficial to Thai community. How long will be satisfactory ?

Not an issue.

And last but not least : what happens when she did not make a final will, so there is not notary paper ? What happens to her property ?

Assuming your wife fails to make a will, refer to Civil and Commercial Code; Title II; Statutory Right of Inhertiance Sections 1620 - 1645

Thanks for any reply.

You're welcome.

Edited January 6, 2005 by astral

[creamontop]

Above is a very satisfying answer,

Thank YOU Sir !

one more thing, is there any way to find CCC online ?

[Sumitr Man]

Yes; but it is in Thai.

Your best bet would be to PM me an email address and I'll pdf the document to you.

SM