Transcript of the above video:

As the title of this video suggests, we are asking the question, can foreigners inherit land in Thailand. As we discussed in another video, there is a part of the Land Code that allows foreigners to own land. Now as I discussed, it is really not widely used; it's contingent upon primarily the Interior Minister signing off on the ownership. As a practical matter, that is probably not going to happen. Also there's a separate investment criteria where you have to invest in like a certain kind of Government bond in order to even have the eligibility to own the land. So land ownership as a practical matter is effectively a no go, that's the thing to take away from it. But regarding inheritance, what about that?

I thought off making this video after reading a recent article from the Nation, that is nationthailand.com, the article is titled: Land Department updates criteria for foreigners to own land. Quoting directly: "Inheritance: Foreigners who are the legal heirs of foreigners allowed to hold land, can inherit the land holding. The inheritance must comply with the land-holding law or criteria for land holdings by foreigners.” Which those criteria include again, that the Interior Minister has to sign off on it which as a practical matter is just not effectively done. On top of that, there is also the independent investment requirement which requires 40 million invested in government bonds. As a practical matter we just have never seen this happen.

Now before I move on to some analysis regarding probate specifically, please note we do have long form content that I am starting to create through our paid news service. Those who are interested, please feel free to email us at [email protected], for our paid new service content. Again that type of content is going to be oftentimes 30 minutes or more; I'm looking to do one coming up. I have already done three episodes, looking to do one coming up on the recent sort of changes with regard to politics and things and how that is all affecting sort of the Expat Community here in Thailand. Also another quick plug, Pancake Palace. We have just opened here in downtown Bangkok in between Silom and Surawong Road on Soi Anuman Rajadhon. For those who are interested in diner style food, breakfast anytime, including pancakes, but also chilli, Buffalo wings which I think are the best in Bangkok, cheeseburgers, we have got Sloppy Joe's, all that kind of stuff. American diner style food in downtown Bangkok, Pancake Palace. 

Coming back to the issue of inheritance, while direct inheritance, it goes back to the issue of getting the Interior Minister's signature etc., there may procedurally be ways in which to forestall necessarily sale of Thai land as a result of inheritance while one is waiting for a buyer and that can come about during the Court proceedings pertaining to the bequests. So if somebody dies and you are the heir to land in Thailand, and you are a foreigner there may be considerations that the Court may be willing to take in your specific case to allow you to basically not have to divest yourself in such a way that is completely detrimental to you.

Now this will all be driven by the specific facts in a given case. So again, it's a situation where each case is going to be different. For those who are looking at a situation where they have had someone pass away and they are looking to inherit real estate in Thailand, it is probably a good idea to contact a legal professional, gain some insight guidance into how best to proceed.