Phuket continues to attract foreign buyers seeking holiday homes, investment properties, or retirement residences. But as the market matures, questions around Phuket condo inheritance are becoming increasingly important for long-term foreign owners.
What happens to my condo when I’m gone?
Whether you’re planning your estate or have inherited a condominium in Phuket, it’s essential to understand how Thai inheritance law works — especially for foreign nationals.
Can Foreigners Inherit a Condo in Phuket?
Yes, they can. But with a very important condition.
A foreign heir can only inherit a Phuket foreign freehold condominium if the overall foreign ownership quota in the project has not been exceeded. If it has, then the heir may not legally own the unit and will likely be required to sell it within a year.
This is why estate planning is essential. Just because someone inherits your property doesn’t mean they can automatically take legal ownership under Thai law.
The Importance of Foreign Ownership Quotas
Under the Condominium Act, foreigners are only allowed to own up to 49% of the total unit space in a registered condo development.
If your condo is registered as foreign freehold and the quota has not yet been exceeded, your designated heir (if a foreigner) can apply for ownership through the Land Office. However, if the quota is full, they will not be permitted to register the title in their name and may be forced to sell.
If the condo is Thai freehold (in a Thai name or company) or leasehold, different legal structures and rules apply.
Succession and Leasehold Condominiums
If the condominium unit is owned via leasehold, things become more nuanced. A well-written lease agreement should include succession clauses that allow the lease to be transferred to your heir.
But many lease contracts are vague or missing these protections altogether. That’s why it’s important to ensure your lease includes:
-
Succession rights in the event of death
-
Transferability to family members or heirs
-
The ability to register these terms with the Land Office
If succession rights are not clearly defined, your heir may lose the leasehold entirely.
Estate Planning Tips for Foreign Condo Owners in Phuket
To avoid legal and financial headaches for your loved ones, consider these key steps:
1. Make a Thai Will
This is the most important step. A legally recognised will in Thailand can name your heir and simplify the process at the Land Office.
2. Check Your Condo’s Ownership Status
Confirm that your Phuket condo unit is registered as a foreign freehold — not a leasehold or Thai company structure — if you want to leave it to a foreign heir.
3. Review the Foreign Ownership Quota
Ask your condominium juristic office or lawyer whether the project’s 49% foreign quota is full. If it’s close, take action now to avoid issues later.
4. Include Succession Clauses in Leaseholds
If you own via leasehold, ensure the contract contains robust succession language and is registered properly.
5. Avoid Using Nominees
Nominee ownership structures are illegal and create complications during inheritance. Always follow legal pathways.
Suggested FAQs
Can a foreigner inherit a condo in Thailand?
Yes, but only if the unit is registered as a foreign freehold and the foreign ownership quota hasn’t been exceeded.
What happens if the foreign quota is full when someone inherits a condo?
The heir may not be able to take ownership and could be forced to sell the unit.
Can leasehold condominiums be inherited?
Only if the lease contract includes succession clauses and they are legally registered.
Do I need a Thai will to inherit property in Phuket?
It’s strongly recommended. A Thai will simplifies the inheritance process and ensures your wishes are legally recognised.
Can I leave my Thai company-owned property to someone else?
Only if the company structure is compliant with Thai law. Improper structures can lead to legal issues for heirs.
You can read our full article on using an offshore company for condominium ownership here:
Owning a Freehold Condominium through an Offshore Company
And you can read our full article on Making a Last Will and Testament in Thailand here:
Making a Last Will and Testament in Thailand
Other Recommended Internal Links:
Final Thoughts
Inheriting a condominium in Phuket — or planning to leave one to a loved one — is perfectly possible under Thai law. But the type of ownership, quota status, and succession planning all play vital roles in determining whether the process will be smooth or stressful.
At Thai Residential, we work closely with top lawyers and legal advisors on the island to help you plan ahead and protect your property.
Thinking about succession planning for your Phuket property?
Let us help you get everything in order.
Get in Touch | Call Now On: +66 9484 11918
Contact Us Today for a no-obligation consultation.
Social Contact