#  >  > Living And Legal Affairs In Thailand >  >  > Doing Things Legally >  >  > Williams Legal Section >  >  Thai Law FAQs

## William

I thought we could start up a thread that looks at some of the more common questions often asked regarding Thai law.

Note, if the question is a visa related question - I'll defer to my good friend Ken, who is much wiser on such matters than I.

Also, if the question relates to criminal law, it may take a little while to answer while I crash read the Criminal Code  :Smile: 

Over to you

~W~

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## ChiangMai noon

William.

Should my wife die, is there any way at all that i can prevent my house and land from passing to her family.

As far I understand it, I am entitled to inherit the land and am then given a short amount of time to sell it. Any advice greatfully received.
Ta.

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## William

> William.
> 
> Should my wife die, is there any way at all that i can prevent my house and land from passing to her family.
> 
> As far I understand it, I am entitled to inherit the land and am then given a short amount of time to sell it. Any advice greatfully received.
> Ta.


CMn:

Good question. The answer to the question lies in part on whether or not your wife has executed a will. In the event that your wife has executed a will, then by virtue of Section 93 of the Land Code, you (as a foreigner) can inherit the land (and for now we shall only look at the land), subject to the following:

(a) you are named as the beneficiary;
(b) you need to obtain permission from the Minister of Interior to the transfer of the land title deed to your name; and
(c) bar a few exceptions, the area of the land cannot exceed 1 Rai.

In the event that you either cannot get the Minister of Interior's permission, or the land exceeds 1 Rai, you may be forced to sell the land you have lawfully inherited within a period of not less than 180 days and not more than 1 year. Failure to sell the land in such time empowers the Director-General of the Department of Land to sell the land on your behalf.

Now, far more complicated would be the situation if your wife dies without having left a will, because under those circumstance you would not be able to stop the family (parents, sisters, brothers and, possibly, aunts and uncles) having a share of the inheritance - by virtue of the provisions in place under the Civil and Commercial Code. 

To avoid this possibly unsavory position, it is always best to have a will drawn up - however morbid it may seem to you both.

Now, moving on. The house is also interesting as there is nothing prohibiting a foreigner from owning the house. Moreover, if the house was purchased after you legally married (i.e. at the Amphur), feasibly you could cite this as being marital property - thus half yours in any event. The question remains, do you want half a house on land you don't own?

The long and short of it, if you want to protect your land and house purchase, make sure your wife has executed a will naming you as the beneficiary of the land and house. If the land is less than 1 Rai, all you then need is the MoI's permission to inherit. Failing which, you still have the chance to either recoup some money selling the place, or time to find a friendly party to sell the property to who you know won't throw you off.

Hope that helps.

~W~

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## Gerbil

I wonder how often the MoI has actually granted that permission?

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## William

> I wonder how often the MoI has actually granted that permission?


Agreed.  Which is why it is always best to have a lease in place as well.  That way, while still not being 100% covered, you do have a more 'secure' (if such a thing exists) position.

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## ChiangMai noon

That's the most clear, information i have ever received regarding the matter.
Thanks a bundle William.

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## Gerbil

> Originally Posted by Gerbil
> 
> I wonder how often the MoI has actually granted that permission?
> 
> 
> Agreed.  Which is why it is always best to have a lease in place as well.  That way, while still not being 100% covered, you do have a more 'secure' (if such a thing exists) position.


Right this, 30+30 year lease thing.

Now in principal I understand it, i.e. register it at the land office, etc. But what's this about stamp duty you have to pay to the land department on the lease contract? Is it a % of the total value of the contract, ie. 30 years * 12 months * xxxxxx Baht per month @ xx?

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## ChiangMai noon

Also william.
I have a gay friend in a similar boat who is wondering about the inheritance possibilities.

Obviously he can't marry his young thing.
Does that mean he is effectively screwed or do the inheritance rules apply to him too.

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## William

> Also william.
> I have a gay friend in a similar boat who is wondering about the inheritance possibilities.
> 
> Obviously he can't marry his young thing.
> Does that mean he is effectively screwed or do the inheritance rules apply to him too.


I doesn't mater if he is gay, straight or asexual.  What matters is:

(a) he is named as the beneficiary in the will;
(b) he get MoI approval;
(c) to all intense and purposes, he doesn't inherit more than 1 Rai.

~W~

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## William

> Originally Posted by William
> 
> 
> 
> 
> 
> 
>  Originally Posted by Gerbil
> 
> ...


Hi Gerbil:

Not too sure if I welcomed you to the board or not, but if not "Welcome".

I think you'll find the answer to your question is clearly stated on the Revenue Department's website.

The link is http://www.rd.go.th/publish/21986.0.html and you need to be looking at Section 4 part 1 (the first box) . I believe the fee is Bt. 1 per Bt 1,000 of the contract value of the tenure of the contract term.

Hope this helps

~W~

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## Gerbil

Thanks. Thought it was something like that.

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## Dougal

William,

What is the position reagrding inheritance of land and or houses by minors who are Thai nationals?

In the event that my wife died before me I woudl like the option of her being able to will any property to my sons - but I would want to have administrative control over their assets if that were possible.

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## kingwilly

how does the law work in regards to Thai nationals wanting to get married overseas?

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## William

> William,
> 
> What is the position reagrding inheritance of land and or houses by minors who are Thai nationals?
> 
> In the event that my wife died before me I woudl like the option of her being able to will any property to my sons - but I would want to have administrative control over their assets if that were possible.


Dougal:

Provided that your wife's will is made in accordance with Book VI - (Succession), Title III (Wills) (Sections 1646 - 1710) and Title IV (Administration and Distribution of an Estate) of the Civil and Commercial Code, there is nothing stopping your wife naming your sons as the heirs to her estate and you as guardian.

My only concern here would be that, by virtue of Section 1574 of the Civil and Commercial Code, a guardian cannot _sell, exchange or let out_ the property of the minor without the permission on a court.

Also, your wife can name you as the beneficiary of the land under her will.  However, in such circumstances you would need to get the Minister of Interior's authorization to register yourself as the legal owner.

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## William

> how does the law work in regards to Thai nationals wanting to get married overseas?


KW:

*Section 1459* _Civil and Commercial Code_



> A marriage in a foreign country between Thai people or between a Thai person and a foreigner may be effected according to the form prescribed by Thai law or by the law of the country where it takes place.
> 
> If the spouses desire to have the marriage registered according to Thai law, the registration shall be effected by a Thai Diplomatic or Consular officer.

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## benbaaa

I knew a French guy down south whose wife was killed in a motorbike accident. She didn't leave a will and she had a teenage son by a previous relationship, but the husband was on good terms with his wife's family, and he was appointed executor of his wife's estate by the court with the agreement of the family, so basically he could deal with the house as he chose. His plan was to give the house to the son when he turned 20, and have the son grant him a long lease. Don't know if this all worked out or not, we lost touch when I moved up north.

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## forreachingme

We rent a 4 Rai land with one Rai Building on it and we would like to buy it

Our company is now registered as 99 % of the shares belong to our mother company abroad. ( 1% Thai hand, our lawyer )

I and my partner here, both do not have Thai family and we are as well not Thai...

We cannot buy it as we are not 51 % Thai registered

We should create a holding to purchase this land and building to have only one goal being to rent out the property to the actual company

We are actually stuck at this point ! 

The holding we need to create has to be 51 % Thai and stay as this, not as the co.,ltd we have at 99 % foreign there it was possible because no land property involved...

So we can create this holding using our lawyer wich will transfer to the managing director of the holding all of the executive powers. This would make the thai partner just existing but without any real powers...

My investors from abroad feel unsafe to see the owner being Thai, even all the powers are transfered to us... ( political risk,...) 

Any way to explain them it is safe ? or is this in fact not safe and we should look to another way ?

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## Butterfly

^ desastre assurer, je ne le ferais pas

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## William

alternatively you could talk with Board of Investment to get a BoI Investment Certificate, with an exemption that the company can own land in Thailand.

This would depend on the amount of your investment in Thailand, and you would be required to sell the land if you lost the BoI certificate, but it is doable.

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## forreachingme

This company was ealier BOI under another name for other products, things change !

BOI is good if we import goods , process and export  and if specially the investment is fresh new and big...

In our case we invest from time to time in new machines, and we export a bit more then 50 %

We talked few times to BOI but in the case of a more then 3 year old company, you can register new machine investments, then only the parts manufactured on this specific machines would be tax exempt... 

Need  at least 2 secretaries over here to work for the BOI paper handling if we go for this option...

BOI for the holding ??         i'll check this out....

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## forreachingme

> alternatively you could talk with Board of Investment to get a BoI Investment Certificate, with an exemption that the company can own land in Thailand.
> 
> This would depend on the amount of your investment in Thailand, and you would be required to sell the land if you lost the BoI certificate, but it is doable.


I'm on my way to Europe but this will for sure not convince my investors to invest in this building !      Buy to be forced to sale after !

 i still have 2 years contract before to have to move again or buy in one way or another in this time frame...

thanks Wil

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## Dougal

> Dougal: Provided that your wife's will is made in accordance with Book VI


Thank you for that information William. It looks like I needn't be completely out on a limb anyway.

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## shdeman

William my girl is in deep doo doo from what little information I have been able to obtain. According to her friend while I busy trying to make a living in these dire economic times in the USA my girlfriend decided to venture into Phuket for work. What  line of work I can only imagine. She was always diligent in contacting me letting me know her location so I could reach her and if she needed some money. But for some reason she had not been in touch with me in approx 3-4 months. I got worried because she had NEVERdone this  before. I was trying to locate her via email because her mobile phone was disconnected. Anyway about 2weeks ago I get a msg from her saying she is in jail and that she needs help. I was angry because we have a son together and I wondered what she did to become an inmate. I was told via a friend that she was busted either for drug use or solicitation. The claim was she was inside the room of a ladyboy and another female....while she was coming from the toilet she entered into the room which had been occupied by the phuket police. They wanted her to admit to drug dealing and wanted her to sign a confession. She objected and was beaten and raped several times until she surrendered and signed the document. Her girlfriend who she was with was also treated the same way and she was also pregnant. I thought this was a bit farfetched but Im not sure who to believe or at this point what I should do. Im so upset but trying to remain calm. I tried calling the prison but no english is spoken. I also have some time off as Im writing this and I want to go to phuket but was advised to stay away. Also, how much time do you think she'll get and will she be deported since she is from Laos and not a Thai native. Please anything you can do or direct me to do would be of great interest to me.

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## Aussie Tigger

Hire a private detective to find out the truth.

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## Pragmatic

> Should my wife die, is there any way at all that i can prevent my house and land from passing to her family.


I'm having a little run in on another forum whereby the twat says POA can be given to a farang to look after, let's say, a sick Thai wife. I say bollix. The twat says 'common practice here'. I personally do not think farangs can sell the assets, with POA, of a Thai.  I'd love to find a link so's I can stuff it up his nose but can't. Any helpers?

The only links I can only seem to find are where a Thai has POA over their farang husbands, but not vice versa.

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## Thai3

You would have to mad to do it even if you could, it's hard enough getting a True bill sorted for yourself never mind looking after a Thais assets.

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## Bogon

> I'm having a little run in on another forum whereby the twat says POA can be given to a farang to look after, let's say, a sick Thai wife. I say bollix. The twat says 'common practice here'. I personally do not think farangs can sell the assets, with POA, of a Thai. I'd love to find a link so's I can stuff it up his nose but can't. Any helpers?
> 
> The only links I can only seem to find are where a Thai has POA over their farang husbands, but not vice versa.


Only when the wife dies (not sick).

As the next of kin, you get 1 year to sort your shite out.

This means that the land and house is yours for 1 year and then it has to be transferred in to a Thai nationals name.

Basically, you have a year to flog the gaff or transfer it on to a trusted member of your deceased wife.

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## Pragmatic

> Only when the wife dies (not sick).
> 
> As the next of kin, you get 1 year to sort your shite out.
> 
> This means that the land and house is yours for 1 year and then it has to be transferred in to a Thai nationals name.
> 
> Basically, you have a year to flog the gaff or transfer it on to a trusted member of your deceased wife.


 I understand that but if the Thai wife is sick, and you need to make important decisions on her behalf, can a farang get POA? I say the Thai legal system wouldn't allow it. It's that confirmation that I'm looking for.

I asked my missus if she thought farang could, she's quite clever for a village person   :bananaman: , and she thinks 'never'.

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## Bogon

^ Sorry mate.

Understand what you're asking now.

No idea to be honest.

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## Pragmatic

Not to worry Bogon. Thanks for yer effort. Can't green as I did recently.

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