Passing on house in Thailand to our daughter

[Altalake]

We own our house in Thailand - well it's on the usual "lease" of the purported 30+30+30 years - but we are getting on, and we'd like to either "will" it, or transfer it to our daughter.

We are all farangs, our daughter lives in another Continent but comes here ever now and again.

For those smart lawyers out there - is it better to make it over to her in our Wills, or transfer it while we are still alive?

We'd rather not lose control so to speak, but we wish to do what is best for her (and us!!)

Thanks in advance for any sage words..........

[FritsSikkink]

The 30 30 30 lease is illegal and not valid

[Torrens54]

The 30 30 30 lease is illegal and not valid

So you're telling these poor folks, they are "Out in the Cold?"

[Sharp]

Correct FS... Was talking to a lawyer friend of mine on the very subject.... Anything over 30yrs is illegal... In fact he stated that a 30+30+30 actually invalidates the 30yr lease term...

[Suradit69]

Suggest you read through this thread and then see a a lawyer.

http://www.thaivisa.com/forum/topic/726553-90-yr-lease-303030-but-what-happens-after-the-first-30-years/

[khunPer]

Seem to be different opinions on the 30+30 and 30+30+30, or rather optional 30 years when the first 30-year lease term terminates.

My lawyer said, that the option is a legal agreement, but not a part of the original lease contract. That means, if the landlord does not fulfill the agreement for the additional 30 years lease – i.e. sign a new lease contract on the agreed conditions and have it duly registered at the Land Office – then it’s a civil Court Case.

However, I’m not familiar with, if any case have been tried and if there is any precedents...

Some lease agreements have in the text a clause that the agreement can be transferred to third party or be inherited.

I presume it shall be part of the lease agreement text, if you shall be able to transfer or Will the contract – I will recommend you to contact a lawyer about how to proceed...

[Altalake]

Thanks KhunPer, I intend to do just that. There are - as far as I know - no precedents for the 30-30-30 YET, and some people we know are waiting to see that will transpire.

So no point in "dissing" just yet guys.

[FritsSikkink]

Thanks KhunPer, I intend to do just that. There are - as far as I know - no precedents for the 30-30-30 YET, and some people we know are waiting to see that will transpire.

So no point in "dissing" just yet guys.

Nobody is "dissing" maybe you don't know enough:

http://www.thephuketnews.com/phuket-court-rules-secured-or-collective-leases-are-void-51183.php

Edited October 28, 2015 by FritsSikkink

[khunPer]

Thanks KhunPer, I intend to do just that. There are - as far as I know - no precedents for the 30-30-30 YET, and some people we know are waiting to see that will transpire.

So no point in "dissing" just yet guys.

Nobody is "dissing" maybe you don't know enough:

http://www.thephuketnews.com/phuket-court-rules-secured-or-collective-leases-are-void-51183.php

Thanks and yes, I remember this news, but the case seem to have been appealed to higher Court.

It think, based on what my lawyer said, that the optional terms shall be avoided in the original first Lease Contract, and only be as a separate Agreement; however it may show not to be worth much.

Will be interesting to see what the court states...