Can A Thai Bequeath A Condo Unit To A Foreigner In A Will?

[bkkdave11]

Does anyone know whether a condo unit owned by a Thai person can be left in a will to a foreigner? If a Thai person leaves such a unit to a foreign national in a will, is that wish legally enforceable in Thailand? Does the foreigner need to have resided in that unit, been listed as an "occupant," legally listed that address while working in Thailand -- or anything else? Is the nature of the relationship between the Thai and foreigner an issue: married couple, common law couple, same-sex couple, etc? Any help or direction to other resources would be appreciated!

[ivowatson]

AFAIK, if the will was legal, a Thai can leave a condo to a foreigner. After that, it gets more complicated. In almost all cases, the foreigner will have one year to sell the condo. If he/she can't sell within this timeframe, the local land department will sell it for him/her (at a probably discounted rate) and keep 5% for their effort.

However, if the condo is located in a condominium registered under the condo act (in which foreigners can own 49% of space and the condo still falls within those 49%), and the foreign heir transfers money from abroad equal to the government appraised value of the condo, then this heir can own the condo freehold.

[bkkdave11]

Thanks so much! So the condo can be kept only if the 49% rule applies to the building - and funds can be transferred from abroad. Would you know how much time you're given to transfer the funds in that event?