Free Thailand guide: what Thai law does with your property and your spouse

Free guide for British expats in Thailand

Thai law governs everything immovable you own here, and your spouse takes only a child's share.

An 18 page guide written for British expats in Thailand. It covers the six classes of statutory heir in the Civil and Commercial Code, the five forms a Thai will can take, what happens to land, condominium units, leases and usufructs when the holder dies, and the UK inheritance tax rules that follow you. It also walks through the court appointed administrator process your family would face.

  • 18 pages
  • Updated August 2026
  • No payment details
  • The six classes of heir and the surviving spouse
  • Thai land, condominiums, leases and lifetime rights
  • Will options, court administration and tax exposure
  • Why UK inheritance tax still reaches Thai residents

Twenty minutes of reading that could save your family months at the Land Office.

What happens to your estate

With a valid will

Thailand imposes no forced heirship on a person who leaves a valid will, so you may leave your Thai estate to whoever you choose. The Code prescribes five forms and a document that fits none of them is void: the witnessed will under section 1656 is the standard, and the public document will made at the district office is recorded and certified by a state official. You can nominate the estate administrator in the will, and the court will usually respect the nomination.

Without a will

A surviving spouse first takes their own half of the marital property under section 1625, which was never the deceased's to give away. The rest passes to the statutory heirs under section 1629, which ranks blood relatives in six classes, and a spouse surviving alongside children takes only the same share as one child. An unregistered partner is not a statutory heir at all, whatever the length of the relationship.

Outside your will entirely

A life policy with a named beneficiary pays directly to that person and stays outside the estate under section 897, which makes it one of the few Thai assets that moves quickly. Some rights go the other way and cannot be left at all: a registered lease generally terminates on the lessee's death, and a usufruct is extinguished under section 1418 so the property reverts to the owner. Superficies is inheritable unless the agreement says otherwise.

With a valid will

Without a valid will

Assets outside the will

Key facts

  • Six classes Section 1629 ranks blood relatives in six classes, and a higher class generally excludes everyone below it. A surviving spouse is a statutory heir on top of those classes, taking one child's share where children survive and the whole estate only where no relative in any class does.
  • THB 100 million Thai inheritance tax applies only to the portion above THB 100 million received by each heir from each deceased person, at 10%, or 5% where the heir is an ascendant or descendant. An inheritance received by the deceased's spouse sits wholly outside the Act.
  • 3 to 4 months Thailand has no grant of probate, and banks and the Land Office wait for a court order appointing an estate administrator. An uncontested appointment typically takes 3 to 4 months from filing to order, and 4 to 8 months is more realistic for an overseas family, on practitioner and embassy estimates rather than legal deadlines.
  • Six classes Why it matters. Blood relatives rank in six classes, and a surviving spouse takes only the same share as one child where children survive.
  • THB 100 million Why it matters. Thai inheritance tax only bites above THB 100 million for each heir, and an inheritance received by a spouse is exempt.
  • 3 to 4 months Why it matters. There is no probate, so banks and the Land Office wait for a court appointed administrator, which takes three to four months at best.

What is inside the guide

Wills and estate planning for British expats in Thailand How Thai succession law treats your property, spouse and heirs, why land and leases behave unexpectedly, and how UK inheritance tax still applies. Free download · 2026 edition · 18 pages

Common questions

Does my 30 year lease pass to my family when I die?

Generally not. Thai courts treat the hire of property as a personal contract, and the Supreme Court has held that a lease terminates on the lessee's death, so the remaining years are lost. A succession clause helps but is only a contractual promise, and the mitigations used in practice, such as naming a spouse or children as co-lessees from the outset or pairing the lease with a registered superficies, have to be put in place while everyone is alive.

Does my 30 year lease pass to my family when I die?

Generally not. Thai courts treat the hire of property as a personal contract, and the Supreme Court has held that a lease terminates on the lessee's death, so the remaining years are lost. The mitigations used in practice, such as naming a spouse or children as co-lessees from the outset, have to be put in place while everyone is alive.

Is it really free?

Yes. No payment details, no trial, no catch. The guide shows you how we think before you decide whether to use us for anything.

Will you fill my inbox?

We send the guide, and nothing else unless you tick the box for the email series. Every email in it has an unsubscribe link that works first time.

Is this legal advice?

No. The guide is general information for British expats, written in plain English. Expat Legacy is a will writing service rather than a law firm.

About the author

Jamie Lee, founder of Expat Legacy, has drafted more than 2,000 wills for British expats. He has lived the expat life himself since 2004.

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