Inheriting a Condominium — Foreign Quota and Land Office Transfer

Under the Act on Conflict of Laws B.E. 2481, succession to movable property follows the law of the deceased's domicile at the time of death, while succession to immovable property follows the law of the place where the property is situated. Land and condominium units in Thailand are therefore always governed by Thai law, whatever the deceased's nationality.

Yes, if the heir meets an ownership condition under section 19 of the Condominium Act B.E. 2522 and the building's foreign quota does not exceed 49% of the total unit floor area. At transfer the juristic person's foreign-quota certificate must be produced to the competent official at the Land Office together with the court order appointing the administrator.

Section 19 quinque provides that an alien who acquires a unit by succession or otherwise but cannot hold it, whether because they do not qualify or because the quota is exceeded, must notify the competent official in writing within 60 days of acquisition and dispose of the unit within one year. If they do not, the Director-General of the Land Department may dispose of it instead.

Typically the unit ownership certificate (Or Chor 2), the court order appointing the administrator with the certificate of finality, the death certificate, ID cards or passports of the administrator and heirs, the debt-free certificate for common-area fees from the condominium juristic person under section 29, and the foreign-quota certificate. Exact lists vary with the discretion of each Land Office.

Yes, and it is the recommended structure for anyone holding Thai-situs assets. The Thai will should be expressly limited to assets located in Thailand — condominium units, Thai bank accounts, vehicles and Thai company shares. The critical drafting point is the revocation clause: the Thai will must state that it does not revoke the foreign will, and the foreign will should carve out Thai assets. Without matching carve-outs, a later general revocation clause can accidentally cancel the earlier document.

A foreigner may acquire land by inheritance as a statutory heir under Land Code section 93, but only with ministerial permission, which is almost never granted in practice. The Land Department therefore requires disposal of the land, normally within one year, failing which the Director-General may dispose of it. Plan ahead by leaving land to a Thai-national heir, or by converting the holding into a condominium unit within the foreign quota, which a foreign heir may keep.

Yes, provided the heir independently qualifies under Condominium Act section 19 and the building remains within the 49% foreign-ownership ratio. The heir must notify the competent official in writing within 60 days of acquisition and evidence the inward remittance of foreign currency (FET form or bank certificate). An heir who does not qualify must sell within one year.

Thai law does not recognise trusts created to hold domestic property, other than capital-market trusts under specific legislation. A foreign trust attempting to register title to land or a condominium will normally be refused. Workable alternatives are shareholding in a genuinely operating company, a properly drafted Thai will, and life insurance with named beneficiaries to deliver liquidity outside the estate.

A foreign spouse can inherit as a statutory heir or under a will, but landholding remains governed by the Land Code, which requires a foreign national who inherits land to dispose of it within the period set by the Director-General of the Land Department, generally one year. Prepare the death certificate, marriage registration, title deed, the court order appointing an estate administrator, and the passport; apply for the administrator appointment, register the transfer of inheritance, then complete the disposal within the period. Condominium units under the Condominium Act follow different conditions, and buildings can be held separately from land — plan the ownership structure during life.

They can where all heirs agree and the assets are not of a type requiring a court order to transfer, such as unregistered movable property. For land, condominium units, vehicles, shares and bank accounts, registrars and banks generally require an administrator appointment order. Prepare the death certificate, proof of heirship for everyone, a fully signed deed of estate division, and evidence of the assets; draft the deed setting out precisely who receives what, sign before witnesses, and add signature certification where it will be used abroad. Agreements silent on liabilities usually become disputes later, so have a lawyer draft it and address the debts too.