Transcript of the above video: 

As the title of this video suggests, we are discussing Wills in Thailand, specifically in the context of property, and we're talking specifically about leasehold property. I had somebody ask me the other day, we were talking about leasing in Thailand, and as I was explaining to him, for foreigners generally speaking a leasehold setup is going to be the most iron-clad type of property right that a foreigner is going to be able to have especially under the provisions of the Thai Civil and Commercial Code. And under the circumstances where a foreigner has a lease - for example a 30-year lease in Thailand - and let's say they are two years into their lease and they draft a Will; I often see this in cases involving people that have some years on them. They may be in the 60s. A 30-year lease for them is effectively lifetime usage, but again the question arises, what happens if I pass away and I have still got this lease, the remainder of the lease. 

It is possible to assign those rights under that lease to someone in Thai Will. It is possible to utilize a Will, to draft a Will, again depending on the provisions of the Will and everything associated with that, the terms of the Will if you will, it may be possible to go ahead and draft a testamentary instrument i.e. a Will in order to convey those rights to a beneficiary in the event that the person who holds the lease passes away here in Thailand. 

Again, how that Will is drafted will oftentimes be, the analysis of that will be driven by the facts in the given case as well as the terms of the lease itself. For those who feel a bit overwhelmed by issues associated with both estate planning as well as possibly property acquisition, including leasehold benefits under a Thai lease over Thai property, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.