In early 2025, a British national, Emma H., found herself facing unexpected legal challenges following the death of her Thai husband. The couple had lived together for over a decade in a beachside villa in Hua Hin, a property he had owned outright.
As the sole heir under Thai succession law, Emma expected to remain in the home they had shared. However, under Thailand’s Land Code Section 93, foreign nationals are not permitted to own land—even if inherited legally. Following the probate process, she was given one year to dispose of the property or face government-enforced sale.
With limited legal guidance and growing pressure from local real estate agents, Emma struggled to navigate a process that left her vulnerable to low offers and emotional strain. Her case highlights a common and often misunderstood issue faced by foreigners inheriting property in Thailand, where inheritance rights do not guarantee long-term ownership.
Foreign Spouse Land Inheritance: A Widespread Issue
Emma’s experience is far from isolated. This is a legal and emotional challenge faced by many families. Each year, over 10,000 marriages are registered between Thai nationals and foreigners, and many of these couples go on to acquire property together, often in the name of the Thai partner. When one partner dies, the surviving spouse may face unexpected legal hurdles, especially if they are not Thai. Without careful planning, a personal loss can quickly become a source of financial and legal stress.
In these cases, the death of one partner can trigger a complex legal process that surviving spouses are rarely prepared for. Without early planning, a deeply personal loss may be followed by forced property sales, legal pressure and financial uncertainty.
Why Early Planning Matters
Thailand’s land ownership laws are clear and strictly enforced. Foreigners may inherit land, but they cannot retain ownership, meaning that a surviving spouse or foreign family member may have no choice but to sell it within one year. For couples who’ve built their lives around a shared home, this can cause deep disruption at an already difficult time.
That’s why it’s critical to understand the legal position early, plan accordingly, and structure your estate in a way that protects the people you care about most. With the right guidance, it’s possible to navigate these rules legally and compassionately, avoiding unnecessary distress and preserving value for your family.
Can Foreigners Inherit Land in Thailand?
The short answer is yes—foreigners can inherit land in Thailand, but they cannot legally keep it. Inheritance is permitted under Thailand’s Civil and Commercial Code (Sections 1629–1639), which defines who qualifies as a statutory heir. This includes foreign spouses, children and other close relatives. However, the Land Code (Section 93) imposes a strict restriction: foreign nationals must dispose of any inherited land within one year of the transfer being registered.
This means that while a foreigner may legally inherit land after the death of a Thai partner or family member, they are not allowed to hold or retain ownership. If they fail to sell or transfer the land within one year of acquiring it, the Land Department has the authority to seize the property and auction it off. In such cases, the proceeds (minus costs and potential deductions) are returned to the heir—but often at a financial and emotional loss.
Note: Thai law does not allow for long-term foreign land ownership, even by inheritance. There are no exceptions for long-term residents or retirees.
Need help with an inheritance issue in Thailand? Our experienced team can guide you through your options and give you advice tailored to your situation — speak with us today.
Key Limits and Risks for Foreign Heirs
While Thai law permits foreigners to inherit land, the restrictions on ownership pose significant challenges, particularly during an already difficult time for surviving family members.
Below are the key legal and practical issues foreign heirs must be aware of:
Strict One-Year Disposal Rule
Under Land Code Section 93, foreigners are required to sell or transfer inherited land within one year of registration. This period begins only once the probate process is completed and the land title is transferred into the heir’s name. Failure to meet this deadline may result in the government seizing and auctioning the property. While the proceeds of the sale are returned to the heir, deductions for legal and administrative costs can significantly reduce the final amount.
Probate Delays and Legal Complexity
Before any transfer of ownership can take place, the will must go through probate in the Thai courts, a process that generally takes between 3 and 12 months. During this time, the court verifies the will, confirms the rightful heirs and appoints an executor. For foreign heirs unfamiliar with Thai legal procedures, this can be a complex and time-consuming process, particularly if documentation from overseas must be translated, notarised or legalised.
Inheritance Tax Exposure
Thailand imposes an inheritance tax on estates exceeding 100 million THB in local assets.
The rates are:
- 5% for direct heirs (e.g. spouse, children)
- 10% for non-direct heirs (e.g. siblings, friends)
While many estates fall below this threshold, families with high-value property or business holdings should consider restructuring their assets or gifting strategies as part of their succession planning.
Risk of Undervalued or Forced Sale
Given the one-year limit, heirs may be forced to sell the property under pressure, often at a time when they are still grieving and unprepared to negotiate with confidence. This urgency may attract opportunistic buyers and result in sales below market value, especially in slower-moving or oversupplied areas.
Tighter Enforcement in 2025
Thai authorities have stepped up enforcement of land ownership rules and nominee structures, particularly in popular tourist areas such as Phuket, Chiang Mai and Hua Hin. While there’s no official data on the number of disputes, several legal sources and expat reports point to an anecdotal rise in inheritance complications and regulatory checks in recent years. Foreigners relying on informal arrangements or inactive companies are at greater risk of investigation.
Solutions for Foreigners Inheriting Thai Land
Thai law does not allow foreigners to own land, not even through inheritance. However, there are legal and practical alternatives. These options can help foreign spouses or family members keep the use of the property, protect its value, or receive the proceeds from its sale.
Leasehold Structures (CCC Section 540)
Foreigners can lease land in Thailand for up to 30 years. The lease can often be renewed, sometimes giving use for up to 90 years in total. Leases can be registered with the Land Office and included in your will. This is one of the most common and straightforward solutions, especially for villas. Some leases include the right to own the building separately (known as a ‘super lease’).
✅ Pros: Simple, legal, renewable, and widely used
❌ Cons: It’s not ownership; lease renewal depends on the landowner
Holding Land Through a Thai Company
Foreigners can own up to 49% of a Thai limited company. If the company owns land, the foreigner has indirect control. But the company must be real. It must be active, with proper records and tax filings. Shell companies—set up only to hold land—are illegal and risky. Thai authorities have become stricter in checking for these.
✅ Pros: Long-term control and a legal way to access land
❌ Cons: High cost to set up and maintain; tight legal scrutiny
Usufruct and Superficies Rights (CCC Sections 1410 & 1417)
Foreigners can use land legally without owning it. A usufruct gives the right to live on and benefit from the land, often for life. A superficies allows you to build on someone else’s land and own the building. These rights can be registered and offer strong protection.
✅ Pros: Secure rights for living or building
❌ Cons: Not always easy to transfer; not suitable for every case
Naming a Thai Heir in Your Will
f your children are Thai, they can inherit and legally retain land without restriction. This is often the simplest and most effective option. You can also include a lease or usufruct arrangement to allow your foreign spouse to continue using the property during their lifetime.
✅ Pros: Clear, legal, and avoids land ownership issues
❌ Cons: The foreign spouse must rely on additional rights (e.g. lease or usufruct) to retain a legal right to remain in the property
Sale Instructions in Your Will
You can include a clause in your Thai will that instructs the executor to sell the land. The proceeds go to your heirs. This complies fully with Thai law and avoids complications.
✅ Pros: Avoids risks and delays; legal for foreigners
❌ Cons: Heirs get money, not the property itself
Summary Table: Comparing Options for Foreigners Inheriting Land in Thailand
How to Protect Property Inheritance in Thailand
If you own property in Thailand or expect to inherit it, it’s essential to plan ahead.
Thai land law offers little flexibility for foreign nationals, and the impact on your family can be significant if the right steps aren’t taken.
Here’s how to protect your estate and avoid unnecessary stress for your loved ones:
Take professional advice to understand your options
Thai inheritance law can be complex, especially when land is involved. Obtaining clear legal guidance will help you understand your position and the available options. This ensures that you can make informed decisions when writing your will and planning how your assets will be distributed.
Make a Thai will that clearly covers property
Even if you already have a will in your home country, a separate Thai will helps avoid delays and legal complications. It should clearly list your Thai assets and be written in a way that complies with Thai legal formalities. If your intended heirs are foreigners, it’s worth including instructions for how the land should be handled, such as selling the property or granting use rights.
Consider who will inherit—and how they will be affected
Think carefully about who you want to inherit your property. Thai heirs, such as a Thai spouse or children, can own land without restriction. Foreign heirs, however, are not permitted to retain the land and must sell it within one year. This may affect how you choose to structure your estate—perhaps by including a usufruct, lease or sale instruction to protect those you leave behind.
Understand the tax implications
Thailand’s inheritance tax applies to estates worth more than 100 million THB. Direct heirs, such as spouses or children, are taxed at a rate of 5%, while other heirs are taxed at a rate of 10%.
While many estates fall below the threshold, it’s still important to understand what may be included in your estate and plan accordingly to minimise any unexpected tax burden.
Review your plan regularly
Life changes—and so should your estate plan. Update your will and related documents every few years, or after significant life events, such as marriage, divorce, or the purchase of property. Regular reviews ensure that your plan continues to reflect your wishes and complies with any changes in Thai law.
Take Control of Your Inheritance Planning
Land ownership laws in Thailand are strict, but that doesn’t mean your family has to lose out. With the right planning and support, you can protect your assets, reduce risk, and ensure your wishes are clearly understood and legally sound.
If you have any questions or would like to discuss your situation, our team is standing by to help.
