Thailand is one of Southeast Asia's most popular destinations for foreign property investment, particularly for condominium ownership in Bangkok, Phuket, Chiang Mai, Pattaya, and Koh Samui. Yet the legal framework governing property succession in Thailand is fundamentally different from what investors from Western countries are accustomed to, and the consequences of failing to plan can be significant.
The most important action any foreign property owner in Thailand can take is to have a Thai will properly prepared and registered in Thailand. Everything else in succession planning flows from that single step.
Compliance note: Thai law is complex and subject to amendment. This guide reflects the position as understood in mid-2026 and is for general information only. Always consult a qualified Thai lawyer and, where relevant, a legal adviser in your home country before making decisions about your estate.
What Property Can Foreigners Own in Thailand?
Understanding succession planning in Thailand requires first understanding the types of property ownership available to foreign nationals.
Freehold Condominium Units (Chanote Title)
Foreign nationals can own freehold condominium units outright, provided the building's foreign ownership quota — capped by the Condominium Act at 49% of the total unit area — is not exceeded. Units held on freehold condominium title are owned directly and can be bequeathed like any personal property.
Leasehold Property
Foreigners cannot own land in Thailand in their own name. The most common workaround is a registered long-term lease, typically 30 years (the maximum permitted under Thai law for private land), often with contractual renewal options for further 30-year periods, though those renewal options are not automatically enforceable against a future landlord.
Company-Held Property
Some investors hold Thai land and property through a Thai-registered company in which they hold shares. This structure has its own succession implications, discussed below.
Thailand Inheritance Tax: The Threshold and Rates
Thailand introduced a formal inheritance tax regime under the Inheritance Tax Act B.E. 2558 (2015), which came into force in February 2016.
| Beneficiary category | Tax rate | Threshold |
|---|---|---|
| Lineal descendants (children, grandchildren) | 5% | Applies to inherited assets exceeding THB 100 million |
| Lineal ascendants (parents, grandparents) | 5% | Applies to inherited assets exceeding THB 100 million |
| All other heirs (siblings, friends, etc.) | 10% | Applies to inherited assets exceeding THB 100 million |
| Spouse | Exempt | Full exemption |
The THB 100 million threshold (approximately £2.2 million / $2.8 million / €2.6 million as of mid-2026) means that the vast majority of foreign property investors in Thailand will not be subject to Thai inheritance tax. Unless your Thai property holdings are exceptionally large, this is not a planning concern — though investors with large portfolios should take specific advice.
The 100 million threshold is assessed per inheritance event (i.e., per deceased person, not per asset), and it applies to the total value of assets received from a single estate. Assets below the threshold pass free of Thai inheritance tax.
The Critical Issue: Your Thai Will
Why a Thai Will Is Non-Negotiable
Thai courts do not directly recognise foreign wills. A will executed in the UK, Germany, Australia, or any other country must go through a process of translation into Thai, notarisation, legalisation (apostille or consular certification), and formal recognition proceedings before a Thai court before it can have any effect on Thai-situated assets. This process typically takes 12 to 24 months and can cost considerably more than the preparation of a Thai will in the first place.
During this period, Thai property is effectively frozen and unavailable to the heirs. For a rental property generating income, this is a real financial loss. For a family home or holiday villa occupied by a surviving spouse or children, it creates practical difficulties.
A Thai will (tesament) executed in accordance with Thai civil and commercial law takes effect directly in Thai courts, without the need for any recognition proceedings.
How to Prepare a Thai Will
There are several forms of valid will under Thai law. The most commonly used for foreign investors are:
Witnessed will (Section 1656 CCC): Written, signed, dated, and witnessed by two witnesses who sign the document at the time of execution. Must not be witnessed by a beneficiary or their spouse.
Notarial act will (Section 1658 CCC): Made before a public notary with two witnesses. More formal and typically more robust if challenged.
Both forms are valid. Most Thai lawyers recommend the notarial act form for property owners, as it is more difficult to contest.
The will should be:
- Drafted in Thai (or in both Thai and English as parallel columns, with the Thai version governing)
- Signed in the presence of the required witnesses
- Registered at the local District Office (Amphoe) — registration is optional under Thai law but strongly advisable, as it creates an official record
- A copy held by your Thai lawyer, with a further copy in a safe place accessible to your heirs
No Forced Heirship
Thai law does not impose Western-style forced heirship requirements. A foreign national can leave their Thai property assets to any person or organisation by will, without mandatory allocations to family members. This contrasts with some European jurisdictions (notably Spain, discussed in a separate guide) where minimum shares must pass to children regardless of the will.
Leasehold Succession: The Overlooked Risk
The succession of a registered 30-year lease is the most commonly overlooked risk in Thai property succession planning. The rule is straightforward but has serious consequences:
A registered lease in Thailand is a personal right unless the lease agreement explicitly provides otherwise. If the lease is silent on succession or assignment, it may be treated as terminating on the leaseholder's death — meaning the heirs inherit nothing, and the land reverts to the landlord.
What to Look For in Your Lease Agreement
A well-drafted lease will contain one or more of the following:
- An explicit right of assignment to heirs or nominees
- A clause allowing the lessee's estate to transfer the lease to a designated successor
- A step-in right for a named individual or company
If your lease does not contain such provisions, it is worth approaching the landowner to negotiate an addendum — most landowners are receptive, as it does not affect their economic position during the lease term.
Leases registered at the Land Department are treated more robustly than unregistered leases. Any 30-year lease should be registered to ensure it binds future owners of the land (including the landlord's own heirs).
Condominium Foreign Quota on Inheritance
Where a foreign national inherits a Thai condominium unit, the 49% foreign quota rule continues to apply. If at the time of transfer, the building is at or above the 49% threshold, the heir has one year from the date of registration of the inheritance to sell the unit. Failure to sell within this period can result in the Land Department compelling a sale.
In practice, this is an issue primarily in buildings with very high existing foreign ownership. Most buildings in major tourist and investor destinations have some headroom in their foreign quota. Your Thai lawyer can check the building's current quota position before transfer.
Company-Held Property: Shares as the Inheritance Asset
Where Thai land or property is held through a Thai limited company, the inheritance asset is the shares in the company, not the property directly. The shares pass under the deceased's will (Thai or foreign) or by intestacy.
Key points:
- The company's articles of association must permit share transfers to the heir — most standard articles do, but confirmation is required
- Where the deceased was a foreign shareholder, Thai rules on foreign business ownership may affect whether the heir can hold shares (most residential property companies are structured to comply with these rules from the outset)
- A majority Thai shareholding is required for land-holding companies under the Land Code — heirs should not inadvertently alter this structure
- The company remains liable for any outstanding obligations (mortgages, taxes, utility debts) regardless of who inherits the shares
Power of Attorney: Managing Property During Incapacity
A Thai will deals with distribution after death. A separate concern is property management during incapacity or prolonged absence. A notarised Power of Attorney (POA) granted to a trusted person in Thailand — typically a lawyer or a family member resident in Thailand — allows them to:
- Pay maintenance fees, land taxes, and utility bills
- Manage a tenancy and collect rent
- Deal with the Land Department on administrative matters
A POA should be specific (limited to defined acts in relation to specific properties) rather than general, both for security reasons and because Thai government offices are reluctant to accept overly broad POAs. It can be revoked at any time and automatically lapses on death (at which point the will takes over).
Practical Succession Planning Checklist for Thailand
- Instruct a qualified Thai lawyer to prepare and register a Thai will
- Register the will at your local District Office (Amphoe)
- Review the lease agreement on any leasehold property for succession and assignment rights
- Check the foreign quota position in any condominium building you own
- If property is held via a Thai company, review the articles of association for share transfer provisions
- Execute a specific Power of Attorney for a trusted person in Thailand
- Inform heirs (and your Thai lawyer) where the will and property documents are held
- Seek home-country tax advice on inheritance implications in your jurisdiction
How Global Investments Can Help
Global Investments has been guiding international investors in the Thai property market for over three decades. We can connect you with experienced, English-speaking Thai lawyers who specialise in property succession planning for foreign nationals, and help you navigate the practical steps from will registration to estate administration.
Whether you are considering a first purchase or reviewing the succession arrangements for an existing portfolio, our team is available to advise on structuring and planning across all eight markets we serve.
Explore our Thailand property listings, read our guide to property ownership structures for foreign buyers in Thailand, or visit our Thailand location hub for a full overview of the Thai property market. Our residency and citizenship page also covers Thailand's long-term residence visa options.
Frequently asked questions
Can a foreign national inherit a condo in Thailand?
Yes. Foreign nationals can inherit freehold condominium units in Thailand. If the inherited unit would push the building's foreign ownership quota above 49%, the heir must sell the unit within one year of completing the transfer registration. In practice, most buildings are not operating at maximum foreign quota, so this rarely presents a problem.
Does a foreign will apply to property in Thailand?
A foreign will is not directly recognised in Thai courts. It requires translation into Thai, legalisation, and a formal recognition process that typically takes 12 to 24 months. A Thai will prepared locally and registered at the district office avoids this delay entirely and is the strongly preferred approach for anyone owning property in Thailand.
Is there inheritance tax in Thailand?
Thailand's Inheritance Tax Act (B.E. 2558, 2015) applies only where the total inherited assets from a single estate exceed THB 100 million per beneficiary. Below this threshold — which covers the vast majority of foreign property investors — no inheritance tax is payable. The rate above the threshold is 5% for lineal descendants and ascendants, and 10% for other heirs.
What happens to a 30-year lease if the leaseholder dies?
This depends entirely on the wording of the lease agreement. If the lease is personal to the leaseholder and contains no succession or assignment clause, it may terminate on death. A well-drafted lease includes an explicit right for the lessee's heirs or a nominated successor to take over the lease. Always review the lease before relying on it as an inheritable asset.
Do I need a Power of Attorney as well as a Thai will?
They serve different purposes. A Thai will deals with the distribution of your assets after death. A Power of Attorney (POA) allows a trusted person in Thailand to manage your property during your lifetime if you are unable to do so — for example, due to illness or incapacity. Both are advisable for foreign property owners.
This guide is for general information only and does not constitute financial, legal or tax advice. Programme rules, prices and tax rates change; verify current requirements with a qualified adviser before acting.