Best Trusts Lawyers in Bang Khen

About Trusts Law in Bang Khen, Thailand

Thailand is a civil law jurisdiction. Traditional private trusts used for family wealth holding or estate planning are generally not recognized under Thai law. The primary exception is the Trust for Transactions in Capital Market Act B.E. 2550, which permits trust structures only for capital market purposes regulated by the Securities and Exchange Commission of Thailand. This means that, outside regulated investment vehicles like real estate investment trusts and infrastructure trusts, a typical common law family trust is not available in Thailand.

Residents of Bang Khen who wish to protect assets, provide for family members, or structure investments typically use trust alternatives recognized by Thai law. Common tools include carefully drafted wills under the Civil and Commercial Code, company structures, foundations, usufruct and superficies rights, long term leases, life insurance beneficiary designations, escrow arrangements, and guardianship provisions for minors. Selecting the right mechanism depends on the goals, the types of assets involved, and whether foreign ownership rules apply.

If you are considering cross border arrangements, such as an offshore trust, it is important to coordinate Thai legal requirements on inheritance, property, foreign exchange, and tax with the law of the other jurisdiction. Local counsel in Bangkok can help ensure documents are enforceable and filings are properly made with the correct authorities.

Why You May Need a Lawyer

You may need legal help if you wish to set up an investment vehicle like a real estate investment trust or participate in a capital market trust. These structures are tightly regulated, require an eligible licensed trustee, and must comply with detailed Securities and Exchange Commission notifications and approvals.

Estate planning without trusts often requires Thai law expertise. A lawyer can prepare a valid Thai will, coordinate with any foreign will, appoint an executor, plan for guardianship of minor children, address marital property issues, and structure lifetime gifts or usufructs to meet your objectives while complying with the Civil and Commercial Code and tax rules.

If you hold or plan to acquire real estate in Bangkok, counsel can advise on alternatives to trusts that provide control and succession, such as a usufruct or long term lease, and can handle registrations at the competent Land Office. This is especially important for foreigners, who face specific restrictions on owning land and must comply with the Condominium Act and foreign exchange regulations.

Business owners may need advice on using companies, shareholder agreements, and foundations in place of trusts. A lawyer can help with governance, fiduciary duties, and succession planning to prevent disputes among family members or partners.

If you are dealing with an offshore trust that touches Thai assets or Thai tax residence, local counsel can review recognition and enforcement issues, reporting obligations, and the interaction with Thai inheritance and gift tax rules.

Local Laws Overview

Trusts limited to capital markets. The Trust for Transactions in Capital Market Act B.E. 2550 allows trusts only for approved capital market purposes, such as real estate investment trusts and infrastructure trusts. Trustees must be licensed and are usually financial institutions approved by the Securities and Exchange Commission of Thailand. Public offerings, disclosures, and ongoing compliance are governed by SEC regulations and notifications.

Estate planning framework. The Thai Civil and Commercial Code governs wills, estates, executors, guardianships, and gifts. Thailand permits broad testamentary freedom, but if there is no will, intestacy rules apply and provide an order of statutory heirs. Marital property rules apply to property acquired during marriage. Court procedures for probate and estate administration are heard by the Bangkok courts with jurisdiction over the estate or domicile.

Property and land rights. The Land Code and related laws regulate land and property ownership. Foreigners generally cannot own land directly. Alternatives include long term leases, usufruct, or holding condominiums that meet foreign quota limits. Any rights such as leases, usufruct, or superficies should be registered at the competent Land Office to be effective against third parties.

Business and foundations. The Civil and Commercial Code and the Foreign Business Act govern companies and foreign participation. Private charitable or public benefit goals may be carried out via a foundation where appropriate. Foundations are legal entities with their own regulatory requirements and oversight.

Escrow and notarial issues. For certain transactions, parties may use escrow arrangements under the Escrow Act B.E. 2551. Notarial services are provided by lawyers certified as Notarial Services Attorneys by the Lawyers Council of Thailand. Official translations and legalization may be required when foreign documents are used in Thai proceedings or registrations.

Tax considerations. Thailand imposes inheritance tax on certain inheritances above statutory thresholds and taxes certain gifts subject to exemptions and conditions. Personal income tax and stamp duty may apply to various instruments. Because rates, thresholds, and exemptions can change, obtain current tax advice before executing documents or transferring assets.

Local administration. For residents of Bang Khen, practical steps like house registration updates, death registration, and certain certifications are handled at the Bang Khen District Office. Property registrations are handled by the Bangkok area Land Office that has jurisdiction over the property. Court filings are made with the Bangkok courts that have subject matter and territorial jurisdiction.

Frequently Asked Questions

Are private family trusts recognized in Thailand

No. Outside capital market transactions regulated by the Securities and Exchange Commission, Thailand does not recognize private trusts as a general legal device. Similar goals can often be achieved with a Thai will, a company, a foundation, or registered property rights like usufruct or long term leases.

Can I include a testamentary trust in my Thai will

A typical common law testamentary trust is not recognized. However, a will can appoint an executor, specify distributions, stagger gifts by conditions, and appoint guardians for minors. Where ongoing management is needed, alternatives like foundations or corporate structures may be used.

Who can serve as a trustee for capital market trusts

Only eligible institutions licensed and approved by the Securities and Exchange Commission can act as trustees under the Trust for Transactions in Capital Market Act. Private individuals cannot be appointed as trustees for these structures.

Can a foreigner use a Thai trust to hold land

No. Foreigners cannot use a trust to hold land in Thailand. Foreign ownership of land is generally prohibited and anti nominee rules are enforced. Foreign buyers typically consider condominium ownership within the foreign quota, long term leases, or other lawful rights such as usufruct or superficies.

What is a REIT and how is it regulated in Thailand

A real estate investment trust is a regulated investment vehicle established under the Trust for Transactions in Capital Market Act and SEC regulations. It allows pooled investment in income producing real estate. REITs must appoint a licensed trustee, meet disclosure and leverage limits, and comply with ongoing reporting and governance rules.

How are offshore trusts treated in Thailand

Thailand may recognize the effects of an offshore trust only to the extent they do not conflict with Thai mandatory laws, public order, or property rules. If Thai assets or Thai tax residents are involved, reporting, withholding, and tax obligations may arise. Always obtain local legal and tax advice before relying on an offshore trust for Thai assets.

What are practical alternatives to a trust for family asset planning

Common alternatives include a Thai will with clear bequests and an executor, a Thai company with shareholder agreements, a foundation for public benefit or family objectives where suitable, life insurance with beneficiaries, registered usufruct or long term leases for real estate, and escrow arrangements for transactional protection.

How do Thai inheritance and gift taxes affect planning

Thailand imposes inheritance tax on certain inherited assets above statutory thresholds and taxes certain gifts subject to exemptions and conditions, with different treatment for family members and spouses. Because the details can change and depend on facts, obtain up to date tax advice before making gifts or structuring your estate plan.

Which authorities are involved in trust related or substitute arrangements

Key authorities include the Securities and Exchange Commission for capital market trusts, the Department of Lands and local Land Offices for property registrations, the Bangkok courts for probate and disputes, the Revenue Department for tax matters, and the Lawyers Council of Thailand for notarial and professional standards.

Do I need Thai and English versions of my documents

Thai is the working language of government offices and courts. For filings and registrations, Thai language documents are usually required. If you execute documents in another language, certified translations and legalization may be required. Bilingual drafting can avoid inconsistencies and help with cross border coordination.

Additional Resources

Securities and Exchange Commission of Thailand for rules on capital market trusts, REITs, and licensed trustees.

Department of Lands and the Bangkok Metropolitan Land Offices for property rights registration such as leases, usufruct, and superficies.

Revenue Department for guidance and rulings on inheritance tax, gift tax, stamp duty, and personal income tax implications.

Lawyers Council of Thailand for information about Notarial Services Attorneys and professional standards.

Bang Khen District Office for civil registrations, certifications, and local administrative services relevant to residents.

Office of the Judiciary for court procedures, probate guidance, and case handling in Bangkok courts.

Anti Money Laundering Office and Bank of Thailand for compliance matters that can affect financial transactions in complex structures.

Next Steps

Define your goals in writing. Clarify whether your priority is family protection, business continuity, investment structuring, real estate control, or cross border planning. List the assets involved, where they are located, and who should benefit.

Gather documents. Collect identification documents, marriage or divorce records, company papers, property titles or condominium unit documents, bank or investment statements, and any existing wills or agreements. If documents are not in Thai, be prepared to arrange certified translations.

Consult a qualified lawyer in Bangkok. Ask about experience with capital market trusts if you are considering a REIT or similar vehicle, or with trust alternatives such as wills, foundations, usufructs, and long term leases for personal planning. Confirm licensing, scope of services, estimated fees, and expected timelines.

Coordinate tax advice early. Before you transfer assets or sign documents, obtain current advice on inheritance and gift tax, personal income tax, stamp duty, and any cross border reporting that may apply.

Plan registrations and filings. For property rights, schedule an appointment at the competent Land Office. For wills and estate matters, prepare for court procedures in Bangkok if probate is needed. For capital market trusts, ensure that SEC approvals and trustee appointments are in place before launch.

Review and update regularly. Major life events such as marriage, divorce, birth of a child, relocation, or business changes may require updates to your plan. Keep beneficiary designations, company records, and property registrations consistent with your objectives.

Important note. This guide provides general information only and is not legal advice. Thai law changes and individual circumstances differ. Always seek tailored advice from a licensed Thai lawyer before taking action.