Myths About Inheritance of Property in Thailand

The main myth:
“After the death of a foreigner, all their property goes to the state.”

This is not true.
Let’s review the most common misconceptions and what actually happens in practice.

Company Shares Are Not Inheritable

Myth: Shares cannot be passed to heirs.
Reality: Shares are assets, just like real estate, funds, or vehicles, and they can be inherited.

Important: The position of director is not inheritable.

A Will Can Only Be Made for Completed Property

Myth: You must wait until construction is completed.
Reality: You can bequeath not only property but also contractual rights, such as:

  • purchase agreements
  • leasehold agreements

A will can be made immediately after signing the contract.

Naming an Heir in a Developer Contract Is Sufficient

Myth: This replaces the need for a will.
Reality:

  • a contract does not replace a will
  • such a clause has no legal force

Heirs are determined either by a will or by law.

The Inheritance Period Is 1 Year

Myth.
Reality: Thai law does not set a strict deadline for entering into inheritance.
Formally, claims can be made at any time.

Practical recommendation:
Do not delay for more than 3 years.

If There Are No Heirs, the State Takes the Property

Myth.
Reality: The state does not automatically receive the property.

In practice:

  • the property remains pending until heirs appear
  • claims may be made by:
    • heirs
    • creditors

A Will Made Abroad Is Not Valid

Myth.
Reality: Such a will is legally valid, but:

  • it is more difficult to legalize
  • the process takes more time

Therefore, it is generally recommended to prepare a will in Thailand under local law.

Foreigners Lose Inheritance Rights Without a Will

Myth.

Reality: The rules are the same for everyone. Inheritance is governed by law.

Order of succession:

  • spouse
  • children
  • other heirs

Conclusion

Inheritance law in Thailand:

  • applies equally to Thai nationals and foreigners
  • allows the transfer of all types of assets
  • requires proper legal documentation

The key instrument of protection is a properly drafted will.

Author: Alexandra Agapitova
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Copying and use of materials without written permission of the owner is prohibited.

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