Estate Disputes, Prescription Periods and Disinheritance

Not if they are drafted carefully. The Thai will should state that it covers only assets situated in the Kingdom of Thailand and expressly confirm that it does not revoke the foreign will covering assets outside Thailand. The most common drafting error is a blanket revocation clause revoking all previous wills, which unintentionally cancels the other will.

Yes. Thai law does not require a will to be in Thai, but a Thai translation is required when it is filed with a court or government office. In practice a bilingual document is preferred, with a clause stating which language version prevails if the texts differ, to reduce the scope for dispute in court.

Section 94 requires an alien who has acquired land without lawful entitlement or permission to dispose of it within the period fixed by the Director-General of the Land Department, which must be not less than 180 days and not more than one year. If the alien does not sell within that period the Director-General may sell it instead, with the net proceeds after expenses going to the holder.

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.

Section 1754 requires an estate action to be brought within one year from when the heir knew or ought to have known of the death, and in no case more than ten years from the death. Estate creditors are likewise subject to a one-year period from knowledge of the death. Importantly, Supreme Court authority holds that an heir already in possession of estate property cannot always rely on prescription against co-heirs.

Yes. Under section 1608 the deceased may exclude an heir by an express declaration in a will or by a written instrument deposited with the competent official, and section 1609 allows that exclusion to be withdrawn the same way. Alternatively a will can leave the whole estate to others, because Thai law has no forced-heirship share as some European systems do.

No. Section 1606 excludes an heir as unworthy where, for example, a final judgment finds they intentionally caused the deceased's death, they used fraud or duress to procure or revoke a will, or they forged, destroyed or concealed a will. The deceased may, in certain of those cases, grant written forgiveness as the section provides.

Make a separate Thai will for Thai assets with a clearly stated scope; keep a complete inventory of assets and title documents with copies held by your legal adviser; name a substitute administrator; have foreign marriage and birth certificates translated and legalised in advance; and review the will after every marriage, divorce, birth or significant purchase.

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.

Sometimes, with caveats. Lifetime gifts leave the estate, so no court order is needed for those assets. However gift tax applies above the exempt thresholds under the Revenue Code, Land Department transfer fees apply, a gift may be revoked for ingratitude, and creditors can seek to set aside a fraudulent transfer. Evaluate tax exposure and outstanding debts together before gifting.

Under section 1601 heirs are liable to estate creditors only up to the value of the assets they receive; personal assets are not exposed. The administrator must collect assets and settle debts and outstanding tax before distribution. Creditors must sue within one year of knowing, or having reason to know, of the death and in no case more than ten years after death. Preparing a complete asset and liability schedule early prevents most disputes.

Common grounds are lack of testamentary capacity, duress or fraud, failure to comply with the statutory form, and interested witnesses — a gift to a witness is void. An action to revoke a testamentary disposition must generally be brought within three months of learning of the ground, and never more than ten years after the testator's death. Video-recording the signing and obtaining a contemporaneous medical capacity assessment sharply reduce contest risk.

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.