Planning for the future is essential—especially when it comes to property ownership. If you’re a foreigner who owns real estate in Thailand or considering buying, one important question is:
Can you pass on property to your children in Thailand?
Let’s break it down based on ownership type, nationality, and inheritance law.
🔑 Who Can Inherit Property in Thailand?
Yes, foreigners and Thai citizens alike can inherit property in Thailand, but there are important restrictions based on the property type and the heir’s nationality.
| Property Type | Can Be Inherited by a Foreigner Child? | Notes |
|---|---|---|
| Condo Unit | ✅ Yes | Must comply with the 49% foreign ownership limit of the building. |
| Land | ⚠️ Not directly | A foreign heir cannot own land but may sell it or apply to transfer the lease. |
| House (not land) | ✅ Yes | A house can be inherited, but not the land it sits on if the heir is a foreigner. |
| Leasehold Interest | ✅ Yes, but must notify Land Office | Lease can be passed on if the agreement allows inheritance. |
⚖️ Inheritance Law in Thailand
Thailand’s inheritance law follows the Thai Civil and Commercial Code. Property ownership transfers through:
- A Will — Strongly recommended, especially for foreign owners.
- Statutory Inheritance — If there’s no will, Thai law dictates heirs based on bloodline, spouse, and legal relationships.
📌 Important:
If a foreign heir inherits land, they must sell it within 1 year unless they are otherwise eligible to own land (e.g., via Thai citizenship or company setup).
🏠 Example Scenarios
| Scenario | What Happens |
|---|---|
| You (a foreigner) own a condo and pass away | Your child (foreign or Thai) can inherit, provided foreign quota is available. |
| You lease land and build a villa on it | Lease terms must allow inheritance. Child can take over lease + own the structure. |
| You own land via your Thai spouse | If your child is Thai, they may inherit and keep the land. If foreign, they must sell. |
📄 Why You Need a Thai Will
Foreigners are highly advised to prepare a Thai-language will to avoid complications. It should clearly state:
- Who inherits the property
- Instructions for managing or selling land
- Legal guardianship of any minor heirs (if applicable)
🛡️ A will helps avoid legal disputes, delays, or forced liquidation of assets.
📁 Suggested Documents to Prepare
| Document | Purpose |
|---|---|
| Thai Will | Designates heirs under Thai law |
| Land Title Deeds / Chanote | Proof of ownership |
| Lease Agreement (if applicable) | Confirms transferability |
| Proof of Heir’s Identity | Passport, birth certificate, etc. |
✅ Summary
| Question | Answer |
|---|---|
| Can you pass a condo to your child? | ✅ Yes (foreigner or Thai) |
| Can you pass land to a Thai child? | ✅ Yes |
| Can you pass land to a foreign child? | ❌ No direct ownership—must sell within 1 year |
| Can a lease be passed on? | ✅ If the lease allows inheritance |
🧠 Final Thoughts
Passing property to your children in Thailand is definitely possible, but the type of property, your child’s nationality, and the legal structure of ownership all matter. Setting up a proper Thai will and getting legal advice is essential to protect your family’s future.
