Foreigners making a will in Thailand

Sections 1646 and 1697 of the Thai Civil and Commercial Code allows foreigners living in Thailand to make or amend wills.

Keywords: Mazars, Thailand, Will, Real estate, Inheritance tax

12 October 2021

The Cabinet passed a resolution on 18 September 2021 on measures to stimulate the economy, which included measures on foreigners staying long term in Thailand. The following four groups of foreigners can now purchase various types of real estate:

1. Wealthy global citizens,

2. Wealthy pensioners,

3. Professionals working in Thailand, and

4. Highly skilled professionals.

People in one of these groups can also own condominiums and houses (immovable property) in Thailand. Thus, if such foreigners wish to include these assets in their wills, they can do so.

The Thai court will take the following sections of the Act on Conflicting Laws into account when the will is being considered:

  • Section 37, which deals with the inheritance of immovable property. The court will take into consideration the laws applicable to where the property is located.
  • Section 38, which deals with the inheritance of movable property. The court will take into consideration the law applicable to the domicile of the deceased at the time of death.

Inheritance Tax

Section 12 of the Act on Inheritance Tax states that inheritance tax applies to an estate valued at more than THB 100 million.

Get in touch

Mazars’ professionals can provide personal consultations on making a will, as well as dealing with inheritance tax and other taxes. Contact us today.