Foreigners and Land Inheritance in Thailand (Can Foreigners Inherit Land in Thailand?)

Many foreigners build families and settle in Thailand. In some cases, land (or a house with land) is registered under a Thai spouse or Thai relatives. When the owner passes away, a key question arises: Can a foreigner inherit land in Thailand, and how can it be done legally?

The answer is: possibly, but only under strict legal conditions—especially Section 93 of the Land Code, which addresses land acquisition by inheritance as a statutory heir and requires ministerial approval before registration.

Key Legal Rule: Inheritance is allowed only in limited cases with approval

Thai land law generally restricts foreign land ownership, but it allows land acquisition by inheritance in limited circumstances. The foreign recipient must qualify as a statutory heir, and ministerial approval is required. The total land held must remain within the legally permitted limits.

Land Size/Limits and Permitted Use

In practice, approvals are tied to land size/quantity limits and the intended use of the land (e.g., residential, industrial, agricultural). Where land is approved for a specific purpose, it must be used accordingly; changing the purpose typically requires a new approval under the applicable land-law framework and official procedures.

What if land is granted by will?

If land is granted to a foreigner by will, the critical point is that Section 93 focuses on statutory heirs. The safer legal approach is to confirm whether the foreign recipient is already a statutory heir of the deceased and then follow the official “Section 93 inheritance approval” process at the Land Office.

Warning: Avoid transactions that violate land restrictions—risk of nullity

Any structure or sale arrangement designed to circumvent foreign land restrictions may be treated as an act with a prohibited purpose and void under Section 150 of the Civil and Commercial Code.

Process Overview (Checklist)

1. Confirm the recipient qualifies as a statutory heir

2. Prepare inheritance documents / will / land title documents

3. File under the official “Foreigner inheriting land under Section 93” procedure at the Land Office

4. Wait for ministerial approval

5. After approval, proceed with inheritance registration

Key Takeaway

A foreigner may inherit land in Thailand only in limited cases—typically as a statutory heir—and must obtain approval under Section 93 before registration.

FAQ

Q1: Can a foreigner inherit land in Thailand?
A: Yes, in limited cases—typically as a statutory heir—and only after Section 93 approval.

Q2: What if the land is granted by will?
A: Section 93 focuses on statutory heirs; the safer approach is to confirm statutory-heir status and follow the official approval procedure.

Q3: Who must approve before registration?
A: Ministerial approval is required under the Land Office’s official procedure before registration can proceed.

Q4: Are there limits on land size or permitted use?
A: Yes. Limits and use-purpose conditions apply under the land-law framework and official practice.

Q5: What happens if a transaction violates foreign land restrictions?
A: It may be considered void under Civil and Commercial Code Section 150.