Thailand Law Online
Thai law by real lawyers with real experience
Is a Thai will beneficial for a foreigners assets in Thailand, if you own only a condo a separate Thai will may not only be unnecessary, it may actually complicate the inheritance process. Using a foreign will with proper legalization may avoid Thai court entirely.
Buying a condominium in Thailand is a popular option for foreigners who want to own property in the country. Unlike land or houses, which are largely off-limits for direct foreign ownership, condos offer a legal way for non-Thais to acquire property rights, but with important limitations and legal nuances.
Foreigners may under section 86 of the land code act acquire land in Thailand by virtue of the provision of a treaty giving him the right to own land. There is currently no treaty with any country allowing foreigners to own land in Thailand. The Thai government created one specific and restrictive exemption for foreign land ownership in section 96 bis of this act.
Right of Usufruct is a legal concept recognized under Thai civil law and governed by Sections 1417 to 1428 of the Civil and Commercial Code. In Thailand, usufruct forms part of the category of registrable real rights attached to immovable property.
In common-law systems, a Thai usufruct registered over residential property may in certain respects be compared to the concept of a life estate, and the usufructuary to a life tenant, although a usufruct does not transfer ownership of the property itself. A usufruct contract in Thailand is personal in nature, generally non-transferable, and by law terminates upon the death of the usufructuary.