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ResourcesThailand Real Estate & Property LawTitleThai Condos, Wills, And Court Proceedings?

Thai Condos, Wills, And Court Proceedings?

Transcript of the above video:

As the title of this video suggests, we are talking about Thai Wills in the context of condominiums. For those who are unaware, it is possible for a foreign national to own a condominium here in the Kingdom of Thailand with so-called Freehold title, what we would call Fee Simple Absolute in the American Common Law tradition. Basically you have title to that piece of property, you own it. It is possible for foreigners to do that. 

Now in the event of a Thai Will or in the event of the passing of someone that owns a condo and the existence of a Thai Will, it is possible to pass that condo along to a foreign national especially if that condo met all the requirements for foreign ownership, so-called foreign quota title here in Thailand. If those requirements were met, then it will likely be possible via Court proceedings to go ahead and have the Will adjudicated in what we call in the Western Common Law tradition "probate", in the Thai Civil Law tradition it would be translated as "succession" but in the succession system here in Thailand, yes it is possible, if there is a Will in existence, for that Court to adjudicate that Will, make the determination that that person was of sound mind and go ahead and give that condominium to that beneficiary as a result of that Will. Now the thing to take away from this video is that can be a rather complex proposition and it can take a little bit of time, in fact a number of months oftentimes will transpire from the time that one files for a bequest to be adjudicated through the Courts until the time that it is finalized. 

But that said, yes it is possible to convey Freehold title to a foreign national via a Will from one foreign national to another via the Thai Court System.