Transcript of the above video: 

As the title of this video suggests, we are discussing Wills and Trusts in Thailand as well as property specifically. Let's just jump in here. I thought of making this video after reading a recent article from the Pattaya Mail, that is pattayamail.com, the article is titled: Why intensified audits make a separate Thai Will essential for expats in 2026. Quoting directly: "Furthermore, if the foreign Will contains complex trust structures or clauses that contradict Thai property laws, it may be deemed unenforceable. For instance, if an expat attempts to leave land held through a nominee company to a foreign heir via a foreign Will, the Land Office will reject the transfer outright. A localized Thai Will allows an individual to address these specific jurisdictional restrictions directly, ensuring that assets are distributed efficiently and in full compliance with local laws." 

Yeah, this article didn't put too fine a point on it. But on the issue of complex Trust structures, I have discussed this at length in other videos when I have talked about Comparative Law between American Law, Thai Law. Thailand does not recognize Trusts; it doesn't have any notion of what we call equity in the sort of Henry VIII, or post Henry VIII Common Law tradition that comes from sort of the English-speaking peoples. Again Trust Law presumes that there's a bifurcation of title between beneficial ownership and legal ownership; Thai Law doesn't allow for anything like that. Again, that's one of the reasons why nominee structures are viewed as being illegal, notwithstanding also the fact that it is explicitly illegal pursuant to provisions of the Foreign Business Act which I have discussed in other videos. 

But that said, as noted here, if your Will structure or whatever your estate planning mechanisms are, are not in compliance with Thai Law, you could find yourself in a position or your heirs might find themselves in a position where they get jammed up if nothing else in possibly a Court proceeding, or they are in a position where they can't take effective control of their relevant property, because again, whatever the mechanism it is legally that was supposed to facilitate the delivery of that property to those people, might not be recognized under Thai Law. 

For those who feel a bit overwhelmed about estate planning matters here in Thailand, or anywhere else for that matter especially in an American context, it may not be a terrible idea to contact a legal professional, gain some insight and guidance into how best to proceed.