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Private client law in Thailand refers to the legal services provided to individuals and families, mainly focusing on personal legal matters. This field encompasses areas such as succession and inheritance, estate planning, wills, trusts, family law, wealth management, asset protection, and tax planning. The primary objective is to help individuals and their families manage and protect their assets, ensure that their interests are legally safeguarded, and facilitate the smooth transfer of wealth and property during their lifetime or after their passing. Legal professionals in this area are adept at helping both Thai nationals and foreign residents navigate the country's unique regulatory landscape.
People may seek the help of a lawyer specializing in private client services in Thailand for numerous reasons:
Thai private client laws are distinct in several key respects. Inheritance and succession in Thailand are governed by the Civil and Commercial Code, which outlines how property is distributed if someone dies intestate (without a will). The law distinguishes between statutory heirs, including spouses, children, parents, siblings, grandparents, and uncles or aunts, each with specific rights to the estate.
Wills must meet formal requirements to be recognized, such as being in writing, signed, and witnessed. Foreigners can make wills in Thailand for assets located here, but there may be coordination needed with wills made in other jurisdictions.
Thailand does not recognize common law trusts, but certain structures and contractual arrangements can be used to achieve similar asset protection goals. The country also has specific regulations for property ownership, especially regarding land and houses, which can restrict foreign ownership.
Taxation is another important factor, as estate and gift taxes may apply in some situations. Cross-border families should pay particular attention to international tax and succession planning issues. Family law, including marriage, divorce, adoption, and child custody, is also mainly governed by the Civil and Commercial Code as well as the Family Court system.
If a person dies intestate, their assets are distributed according to the statutory heir classes set out in the Civil and Commercial Code. A surviving spouse, children, parents, siblings, grandparents, aunts, and uncles may all have a claim, depending on the family situation.
Foreigners generally cannot own land directly in Thailand, but they can own condominium units, subject to specific quotas. Other arrangements, such as leaseholds or company ownership, are sometimes used but require careful legal advice.
A foreign will may be recognized for assets based in Thailand, but it is often advisable to execute a Thai will for local assets to avoid legal complications and delays.
A will in Thailand must be in writing, signed by the testator, and witnessed by at least two people simultaneously. Specific formalities must be followed to ensure the will is enforceable.
Thailand imposes an inheritance tax on certain assets over specific thresholds. The rates and rules may change, so legal advice is recommended to understand current obligations.
Thailand does not traditionally recognize common law trusts. However, alternative structures may be used for asset protection, but these require careful planning and legal guidance.
Heirs or interested parties may challenge a will or estate by filing a lawsuit in the Thai courts, typically on grounds such as lack of capacity, improper formalities, or undue influence.
The same statutory inheritance rules apply, but there may be differences regarding property ownership, especially with land. Tax and asset reporting rules may also diverge for foreigners.
Expatriates should coordinate their Thai will with any wills from their home country, understand local property ownership rules, and plan for potential tax liabilities in Thailand and abroad.
Thai law allows for powers of attorney and court-appointed guardianships. It is wise to prepare these documents in advance, especially for elderly clients or those with special needs.
Several organizations and governmental bodies can provide further guidance on private client matters in Thailand:
If you require legal assistance with private client matters in Thailand, consider the following steps: