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Inheritance Law: What Happens to Your Thai Condo If You Pass Away?

 It is a question no one likes to ask, but every smart investor must answer: “If I pass away tomorrow, what happens to my property in Thailand?”

You might assume it automatically goes to your spouse or children, just like back home.

In Thailand, it does not.

Without the right legal structure, your dream condo could be seized, your leasehold agreement could be terminated instantly, or your family could be forced to sell your assets within one year.



At Sukhothai Inter Law, we specialize in securing not just your visa, but your legacy. Today, we are breaking down Thailand property inheritance law and explaining how the New Thailand Investment Visa (specifically the Invest THB 3M option) can play a vital role in protecting your family’s future.

The “1-Year Rule” for Condominiums

If you own a freehold condominium in your own name (Foreign Quota), your heirs can inherit the title. However, there is a catch that catches most families off guard.

Under the Thai Condominium Act, a foreigner who inherits a condo must legally “qualify” to own it. Generally, they must either:

  1. Hold a Thai Resident Permit; or

  2. Qualify under Investment Promotion Laws; or

  3. Dispose of (sell) the property within one year.

If your heir (e.g., your daughter back in the UK or France) does not have a visa or residency status in Thailand, the Land Department typically grants them only one year to sell the property. If they fail to sell it, the Director-General has the power to order the sale of the unit.

The Solution: This is where the Thailand Property Visa THB 3M becomes a powerful tool. By structuring your family’s status through an Investment Visa, you may open pathways for your heirs to legally reside and retain assets in the Kingdom, rather than being forced to liquidate them in a fire sale.

The “Leasehold Trap”: Does Your Lease End When You Do?

If you bought a villa on a 30-year lease, you need to be extremely careful.

In Thailand, a lease is considered a personal contractual right, not a real asset attached to the land.

Legally, a standard lease terminates upon the death of the lessee.

If you pass away in Year 5 of your 30-year lease, the contract effectively ends. The landowner is not automatically legally obligated to transfer the remaining 25 years to your heirs unless:

  1. The lease agreement has a specific, well-drafted “Succession Clause.”

  2. Your heirs navigate the Thai court system to enforce this clause.

We have seen tragic cases where a foreigner passes away, and the landlord simply takes the property back, leaving the family with nothing. Don’t let this happen. A proper lease review by Sukhothai Inter Law can ensure your contract explicitly binds the lessor to transfer rights to your heirs.

Why You Need a Thai Will (Even if You Have One at Home)

Your Last Will and Testament from your home country can be used in Thailand, but it must be translated, notarized, and approved by the Ministry of Foreign Affairs. This takes months.

During those months:

  • Your bank accounts are frozen.

  • Your condo cannot be transferred.

  • Your car cannot be sold.

Drafting a separate Thai Will with us is simple, affordable, and ensures your executor is appointed immediately by the Thai courts.

Secure Your Legacy: Invest THB 3M & Stay Long-Term

The best way to protect your assets is to ensure you and your family have long-term status in Thailand.

With the New Thailand Investment Visa, you can Invest THB 3M and Stay Long-Term in Thailand. This isn’t just about a holiday; it’s about establishing a secure legal foothold.

  • Buy Condo & Qualify for Visa: Purchase a property valued at 3 Million Baht.

  • Any Age: Unlike retirement visas, this is open to younger investors.

  • Rental Options: Qualify with a rental apartment (monthly 85,000 Baht) if you aren’t ready to buy.

By securing this status, you simplify the “qualification” hurdles for your family and ensure your investment serves its true purpose: a lifetime of enjoyment and a secure asset for future generations.

Don’t Leave Your Family with a Legal Mess

Estate planning in Thailand is complex, but it doesn’t have to be stressful. Whether you need to draft a Thai Will, review your Leasehold agreement, or apply for the Property Investment Visa, our team is here to help.

👉 Check Your Visa Eligibility Here: Thailand Property Investor Visa Application

Did you find this guide helpful?

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Contact Us for a Free Estate Planning Review

Bangkok Office: 17 Chan 35, Chan Road, Sathorn, Bangkok 10120

Koh Samui Office: 119/2 Moo 1, T.Bophut, A. Koh Samui, Surathani, 84320

Pattaya Office: 33/35 Moo 11, Soi Kohpai, Chonburi, 20150

Phone: +662 212 6866-7

Whatsapp: +66846764436

Email: info@sukhothaiinterlaw.com

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