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ResourcesThailand Real Estate & Property LawTitleTransfer Of Thai Condos Via A Will?

Transfer Of Thai Condos Via A Will?

Transcript of the above video:

As the title of this video suggests, we are discussing the topic of transferring ownership of a Thai Condominium via a Will. This is actually something we see quite frequently involving foreigners here in Thailand is that many foreigners will own condos here.

As we have discussed in many other videos, foreigners are legally able to own condos in Thailand notwithstanding the restrictions on foreign real estate ownership in the Kingdom due to the provisions of the Thai Condominium Act. So we do see a lot of foreigners here who own a condominium and oftentimes a major question when discussing the drafting of a Will is "can I transfer my condo to someone else via my Will?" The answer to that is "Yes". Generally speaking the next question is "could it be to another foreigner?" The answer to that is also "Yes". And oftentimes, where we usually come in on cases like this, if we drafted the Will. Another place we oftentimes came in on cases like this is where we then have to execute the Will via what we would call in the Common Law vernacular, Probate. Generally speaking in a case involving condo transfer, you are going to have to go through all those Court formalities in order to ultimately be able to transfer the title of that condominium from the person who has deceased, unfortunately deceased, to the person who would be inheriting it pursuant to the terms of that Will. 

So the thing to take away from this video is you need to look at it in two ways. Yes it's possible to draft a Will to allow for condo transfer down the road and you also need to think about the fact that there is going to be a process associated with adjudicating that Will through the Thai Legal System and thereby transferring the property at a later date.