Two Legal Myths Foreigners in Thailand Should Know

Many foreigners investing in property or living in Thailand often receive legal advice that sounds certain but is often simplified or commercially motivated. Here we clarify two commonly misunderstood legal issues that directly affect foreign residents and property buyers.

1. Do You Really Need a Thai Will?

Legal services in Thailand frequently recommend that all foreigners with property in Thailand must make a separate Thai will. This advice, while not entirely wrong, oversimplifies the law and ignores the practical alternatives. The truth is more nuanced.

If you are a foreigner with only minimal ties to Thailand, for example, you own a condo but live and are domiciled elsewhere, a clearly written foreign will may be sufficient. If that will is already probated and legally recognized in your home country, Thai courts will generally accept the foreign court's decision once it is translated, legalized, and properly submitted.

A Thai will is not automatically better or faster. In fact, a Thai will made in the Thai language by a foreigner who cannot read or understand it is likely void, as the testator must understand what they are signing. A bilingual will can solve that issue, but the same clarity can be achieved by a good foreign will, especially if it already underwent probate abroad. In such cases, enforcing that judgment in Thailand may involve fewer steps than initiating probate from scratch with a Thai-language will.

So: not all foreigners need a Thai will. If your estate is simple, clearly defined in your home will, and your heirs can handle the basic formalities, a Thai will may be unnecessary.

2. The "Landmark" Lease Renewal Ruling That Wasn't

In 2025, Thai legal news outlets reported a so-called landmark Supreme Court decision that declared automatic or pre-agreed lease renewals (e.g., 30+30+30-year leases) void. While this sparked concern among foreign property lessees, the truth is: this is not new law.

Thai lawyers and well-informed expats have known for decades that under Section 540 of the Thai Civil and Commercial Code, a lease cannot exceed 30 years. Agreements that pre-promise extensions beyond that, especially with automatic renewal, are not enforceable. This was already confirmed in past Supreme Court rulings. The 2025 ruling simply reaffirmed existing law.

The only thing "new" was the marketing spin, many foreign-focused real estate consultants had long promoted 30+30 lease structures as legally secure. This ruling forces a reckoning with that misinformation, but for experienced legal professionals in Thailand, there was nothing surprising about the outcome.

Conclusion

Foreigners in Thailand benefit most from clear, fact-based legal guidance. Not every service marketed to expats is necessary, and not every legal decision reported as groundbreaking is truly new. When it comes to succession planning and property rights, understanding what Thai law already says, and how it works in practice, is more valuable than hype.