Your Condo in your Estate

June 20, 2013

Thai Property

When you retire in Thailand you normally would draft a will for what it is that your own in Thailand. The question is always a property issue – what happens to my condo when I die? Property is such an issue in Thailand that many don’t want to talk about it so they simply rent to avoid any problems. Some are under the impression that only a Thai can inherit the condo unit you own.

You can leave your freehold condo unit to your child or friends in your home country. Thai law does not prohibit this however there are certain clauses that need to be met for this to occur. This is covered under Condominium Act in Thailand – Section 19. This section states that it makes no difference how you came to own the condo unit as long as:

  • 1. As a foreigner you are permitted to stay in Thailand;
  • 2. Any person allowed under the BOI Act;

Those two in the Act would be the most appropriate to most people in Thailand. In in other words you may own the condo unit as long as you are not a prohibited person or a person who is not allowed to live in Thailand legally.  Put simply – would you be able to sell the unit to your heir if you were alive?  The answer in most cases is yes.

Speak to the attorney drafting your will to view if your heirs could inherit the condo unit. Always ensure that you take legal advice and ensure that you use a reputable law firm in Bangkok or anywhere in Thailand where they do understand these matters. Speak to us online or call us from the US or UK toll-free.

Do it now!

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