Can A Non-thai Inherit Thai Property?

[Surfing Spleen]

A woman asked me to post this question so here it is:

"Can an ethnically Thai woman who is an American citizen with a farang last name buy property in Thailand? If so, will her children inherit that land and legally own it even though they are not Thai citizens if she wills it to them and passes away?"

She was born in Thailand and speaks Thai as her first language though she has not lived in Thailand for over thirty years. She is going to ask a lawyer but I told her I'd ask here as well because I thought I remembered a post along those lines but couldn't find it again after a search.

The kids are 1/2 Thai and not Thai citizens.

Thanks in advance!

Edited April 18, 2010 by Surfing Spleen

[gamini]

The answer is yes, foreigners can inherit land but they must sell it within a specified time since they are not allowed to own land. The time allowed is really up to the land department where the land is located. I think it is about a year. During which time a lawyer could hold the deeds for them.

[rgs2001uk]

If the mother is Thai, the children can also be Thai.

The mother can buy property in Thailand.

Once the children apply for and recieve Thai ID cards, passports etc, the mother can then will the property to them.

[gotlost]

This lady never lost her Thai citizen ship. If she can prove birth, house registration etc then she can apply for Thai passport in the US which may put a different lite on her children. OK experts where are you.?

[sarahsbloke]

I was under the impression that inheriting land is one of the few ways a non-Thai can own land legally.

No need for person inheriting to be Thai.

There are a few conditions

1) Land is less than 2.5 rai

2) The foreign ministry must agree (not usually a problem)

The "having to sell" information by the last poster is just wrong (sorry gamini)

Edited April 18, 2010 by sarahsbloke

[gotlost]

The OP is not a non Thai.

[rgs2001uk]

I was under the impression that inheriting land is one of the few ways a non-Thai can own land legally.

No need for person inheriting to be Thai.

There are a few conditions

1) Land is less than 2.5 rai

2) The foreign ministry must agree (not usually a problem)

The "having to sell" information by the last poster is just wrong (sorry gamini)

I would be interested to know the source of the above conditions, as I imagine would be many others who may have to have their wives draw up another will.

[Mario2008]

First check if she isn't a Thai citizen. Did she renounce her Thai citizenship, otherwise she probably still is a Thai national. If not she can reclaim her Thai nationality.

There is also nothing as a half thai, you are either Thai (with perhaps other nationalities too) or you are not a Thai national. If the mother was Thai when the children were born, so are the children. All they have to do in that case is go with the US-birth certificate to the US-embassy or consulate and register their birth (and apply for a Thai passport). Check the embassy website for more details.

[BKjohn]

She can re register and have her Thai passport and own land. With the children its a question of where they were borne. My daughter was borne in Thailand, so she can have a Thai passport and own land.

The rule about the inheriting - yes, but have to sell within a specified time is absolutely correct. A farang can not own any land here no matter for what purpose or how small. The ONLY exception is BOI where a company can be sole owned by farangs and own land as well. BOI (board of investment) status is given if one comes here and sets up a sizable company that does 100% export.

The Thai's are a strange lot, they are scared we take the land with us somewhere else ......... however, if you want to keep it you can allway's sell it to another relative and have a 30 year lease on it.

Edited April 18, 2010 by BKjohn

[Mario2008]

She can re register and have her Thai passport and own land. With the children its a question of where they were borne. My daughter was borne in Thailand, so she can have a Thai passport and own land.

Being born in Thailand doesn't make on Thai. It used to be the case in the past, under certian circumstances, but not for a long long time (1972?) anymore.

One is Thai if at least one of the parents is Thai at the moment of birth.

[sbk]

Also to add, it doesn't matter if you aren't born in Thailand, if a parent is Thai the child is eligible for Thai nationality.

I was always under the understanding that a foreigner could inherit land but again, had to sell it within a specified time, usually one year.

[BKjohn]

She can re register and have her Thai passport and own land. With the children its a question of where they were borne. My daughter was borne in Thailand, so she can have a Thai passport and own land.

Being born in Thailand doesn't make on Thai. It used to be the case in the past, under certian circumstances, but not for a long long time (1972?) anymore.

One is Thai if at least one of the parents is Thai at the moment of birth.

Well, I took that for granted since the mother is Thai

[katabeachbum]

Also to add, it doesn't matter if you aren't born in Thailand, if a parent is Thai the child is eligible for Thai nationality.

I was always under the understanding that a foreigner could inherit land but again, had to sell it within a specified time, usually one year.

a thai child can have thai passport and id card if born in Thailand. If born outside Thailand, thai government require child to give up any other passport to qualify for thai id.

For OP, thai id card is needed to purchase land. born in Thailand and able to prove this probably qualify for Thai id card

A foreigner can not inherit land. If a will states so, court usually grant one year to find other ownership solutions

[sbk]

I don't believe that is true kata, I have many friends whose children are dual and have both passports. And I know more than a few adults that have both as well.

[stgrhe]

I was under the impression that inheriting land is one of the few ways a non-Thai can own land legally.

No need for person inheriting to be Thai.

There are a few conditions

1) Land is less than 2.5 rai

2) The foreign ministry must agree (not usually a problem)

The "having to sell" information by the last poster is just wrong (sorry gamini)

The maximum land size is 1 rai, not 2.5 rais and the maximum period the foreigner can own the land, willed to him, is one year so gamini is right and you are wrong.

[chiangmaibruce]

2) The foreign ministry must agree (not usually a problem)

If you can provide details of even one instance where the Minister has granted consent to such an application, I'd be most interested to learn about it

[Mario2008]

Also to add, it doesn't matter if you aren't born in Thailand, if a parent is Thai the child is eligible for Thai nationality.

I was always under the understanding that a foreigner could inherit land but again, had to sell it within a specified time, usually one year.

a thai child can have thai passport and id card if born in Thailand. If born outside Thailand, thai government require child to give up any other passport to qualify for thai id.

For OP, thai id card is needed to purchase land. born in Thailand and able to prove this probably qualify for Thai id card

A foreigner can not inherit land. If a will states so, court usually grant one year to find other ownership solutions

That is incorrect. If born outside Thailand the child (parents) have to present the foreign birth certificate at the local Thai embassy in order to get a Thai birth certificate. With that you notify the Thai government that a Thai citizen has been born and the child can get a Thai passport.

There is no requirement in Thai law to renounce your other nationality, aslo not when one becomes of age. You can have dual nationality under Thai law, as many forum members have. Some other countries do have a problem with dual nationality, in that case you have to chose becasue of the laws of that country. The US and Thailand don't have a problem with dual nationality.

[Lazy Sod]

2) The foreign ministry must agree (not usually a problem)

If you can provide details of even one instance where the Minister has granted consent to such an application, I'd be most interested to learn about it

Me too

[Maestro]

a thai child can have thai passport and id card if born in Thailand. If born outside Thailand, thai government require child to give up any other passport to qualify for thai id...

With one parent a Thai national, a child is a Thai national by birth regardless of the place of birth. See Thailand's Nationality Act.

--

Maestro

[huawei]

i inherited property on the death of spouse ( no will!!),signed over to daughter ( at the age of 10) who was born in the uk . She has both passports and a thai id card issued at the age of 15.This was 8 years back and my lawyer was really good as it was a somewhat new situation so as peviously stated can inherit but must dispose of within one year. Estate cannot be disposed of by my daughter without court consent untl age 20.

[donx]

i inherited property on the death of spouse ( no will!!),signed over to daughter ( at the age of 10) who was born in the uk . She has both passports and a thai id card issued at the age of 15.This was 8 years back and my lawyer was really good as it was a somewhat new situation so as peviously stated can inherit but must dispose of within one year. Estate cannot be disposed of by my daughter without court consent untl age 20.

Some good and useful information in this post. Thank you huawei for sharing this with us. I have one question for you - what was the size of the property that you inherited? I have read in posts in this thread as well as in other threads that the property inherited by a non-thai be no more than 1 rai. The reason I ask is because all of the properties that my wife owns are well over 1 rai. We do have three children that could inherit them if need be.

By the way, the answers to the OP are 1) yes she can buy land because she is still considered a Thai Citizen (unless she explicitly renounced her citizenship). 2) Her children can inherit the land and retain ownership so long as she obtains Thai birth certificates and subsequently Thai passports and/or Thai ID cards.

My three children have both Thai and US birth certificates and passports. Since all of them are under 15 years old none of them have Thai ID cards. Our plan will be to have our children eventually inherit all of the Thai property my wife currently owns.

[gamini]

I was under the impression that inheriting land is one of the few ways a non-Thai can own land legally.

No need for person inheriting to be Thai.

There are a few conditions

1) Land is less than 2.5 rai

2) The foreign ministry must agree (not usually a problem)

The "having to sell" information by the last poster is just wrong (sorry gamini)

You may be right. I think that it depends on how the land department interprets it. But even if you can inherit the land I do not think that they will put a foreigners name on the Chanote.

[huawei]

it was made quite clear to me that i cannot own (have possession/responsibility) of that property for longer than one year and as correcrly pointed out, my name was not allowed to be put on the chanote at anytime. So as you can't have your name on the chanote it means you never "own" it. Basically it appeared to me to be a grace period to give you time to sort yourself out.I did some reading around that time, i do not recall any such restriction on land size as to what can be transferred to you during probate.

The age of 20 at that time was the thai definiion of adult. Not 18 as in the west. This may have changed as even at that time lowering the age was being discussed.

As my wife died without a will i was suprised it didn't automatically come to me, but the rights were shared among my wifes parents, myself and my daughter. It was all settled amicably and the property was put solely in her name via a gift.

The real lesson learnt is that you should have a will and secondly have a good lawyer. Don't wait for an event to happen make sure you have this support already inplace.

I found the legal process to be quite ok and straight forward. This was in the province. I found the land department, courts all organisations sympathic. Only difficult one was Bangkok immigration when as at the time my daughet was still on a renewal visa and back then had to go through some hoops to get a thai passport as had no thai birth certificate etc..they basically just told me to go back to the uk as it was too much trouble!!

All in all if i hadn't had a lawyer who guided me through everything and seemed to have good relationships with all concerned departments i had to deal with, it would have probably been a complete nightmare. So anyone out there who thinks they can do without a lawyer, think again, when situations arise where you are abroad not fully aware of the process, the language, all the emotional stuff, the feeling of isolation..etc..it helps enormously and please have all neccessary documentation.

As an aside. I had a friend die suddenly ( quite young) no will, no thai wife, no children owned a condo. Property was successfully transferred to his parents as based on Thai law. Their names were registered on the chanote. Again if you follow due process, thai law is their to protect your interests. On both occassions no problems.

[Surfing Spleen]

Thanks for the info! My advice to her will be to have her child (an adult) go to a Thai Embassy or consulate, show both & her Mom's birth certificate, and apply for a Thai Passport. Next she should come to Thailand and apply for a Thai ID.

Once she has her Thai ID (even with a farang last name) she should be eligible to inherit the land regardless of size. Same goes for her children who are a quarter Thai.

Sound about right?

[Mario2008]

Thanks for the info! My advice to her will be to have her child (an adult) go to a Thai Embassy or consulate, show both & her Mom's birth certificate, and apply for a Thai Passport. Next she should come to Thailand and apply for a Thai ID.

Once she has her Thai ID (even with a farang last name) she should be eligible to inherit the land regardless of size. Same goes for her children who are a quarter Thai.

Sound about right?

Sounds about right. But for the Thai ID one needs to be registered on a household book.

No, the children are not a quarter Thai. Been born from a Thai parent makes them 100% Thai.

[huawei]

Surfing Spleen gives excellent advice. Follow it.

[Surfing Spleen]

Thanks for the info! My advice to her will be to have her child (an adult) go to a Thai Embassy or consulate, show both & her Mom's birth certificate, and apply for a Thai Passport. Next she should come to Thailand and apply for a Thai ID.

Once she has her Thai ID (even with a farang last name) she should be eligible to inherit the land regardless of size. Same goes for her children who are a quarter Thai.

Sound about right?

Sounds about right. But for the Thai ID one needs to be registered on a household book.

No, the children are not a quarter Thai. Been born from a Thai parent makes them 100% Thai.

Good point; though they may be 1/4 Thai ethnically they should be considered 100% Thai by the Thai government.