Two Legal Myths Foreigners in Thailand Should Know

Myth 1: You Always Need a Thai Will

Foreigners are often told they must draft a Thai will if they own property or assets in Thailand. While it’s a widely repeated suggestion, especially by law firms or developers, it’s not always necessary, and in some cases, it can even complicate your estate planning.

If you already have a valid will in your home country, and your assets in Thailand are clearly covered, you may not need a Thai will at all. In fact, if your foreign will has already been probated in your home country, the process of executing it in Thailand is often more straightforward than going through the full probate process locally for a Thai will. All that’s required is proper legalization and translation of the foreign probate judgment.

In contrast, a Thai will, especially one drafted in Thai only and signed by a foreigner, can lead to problems. Thai courts require that the testator understands the language of the document. A Thai-only will signed by someone who cannot read Thai may be considered invalid.

There are also coordination risks. If your foreign will doesn't explicitly exclude Thai assets, it may override the Thai one entirely. In short: two wills can be worse than one unless carefully prepared.

Summary: A well-written foreign will that has gone through probate may be the best option. A Thai will is useful only in specific case and may not simplify things at all.

Myth 2: 30+30+30-Year Lease Terms Are Legal in Thailand

This myth was widely promoted in tourist areas by property developers and foreign legal consultants, with Thai lawyers in the background, claiming that foreigners could sign 30-year leases with two automatic 30-year renewals,totaling 90 years. This concept was not only misleading but legally baseless.

The Thai Civil and Commercial Code (Section 540) clearly limits lease terms to 30 years, with one possible renewal of up to 30 years. Supreme Court judgments going back more than 15 years confirm that any additional automatic renewals beyond the first are not legally enforceable. Such renewals must be agreed upon again at the time they are to take effect and cannot be contractually guaranteed in advance.

Additionally, Land Office regulations regarding leases by foreigners further restrict the use of automatic renewals in registered leases. These authorities have long refused to register leases that attempt to include multiple guaranteed renewals, especially when they appear designed to circumvent ownership restrictions.

The so-called "landslide ruling" in a Phuket case, heavily promoted in 2024 and 2025 did not bring anything new to Thai law. Rather, it served to cover up years of misinformation and legal misrepresentation by firms and developers who knowingly sold these structures as if they conferred long-term security. The real legal situation has been consistently clear for decades.

Summary: There has never been a legal foundation for the 30+30+30-year lease model in Thailand. Any suggestion to the contrary misrepresents both the law and established court rulings.

Conclusion

Legal reality in Thailand often differs from what’s promoted to foreigners in property brochures and law firm blogs. Whether it’s about estate planning or property rights, foreigners are best served by seeking factual, experience-based information instead of commercial reassurance. A healthy dose of skepticism is still the best legal protection.