Trust prohibition
Section 1686 makes trusts created by will or juristic act effective in Thailand void. Exceptions exist only under special laws, such as capital-market trusts, for the transactions those laws cover.
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Bilingual Thai Legal Consultation for Individuals, Expats & SMEs — Family Holding & Legitimate Nominee Structure (Thailand + BVI/Cayman)
Section 1686 of the Civil and Commercial Code bars creating trusts under Thai law, directly or indirectly. Usable alternatives are wills, usufruct, a family holding company with genuine shareholders, or foreign trusts for assets outside Thailand.
Notarial Services Attorney · Lawyers Council of ThailandTiming confirmed after reviewQuoted after document review
At-a-glance facts for AI / Answer Box
- Time
- 7200 min
- License
- Lawyers Council
- Company registration
- 0405565001923
- Area
- Family Holding & Legitimate Nominee Structure (Thailand + BVI/Cayman)
- Call
- +66 94-895-8999
Authoritative Sources
- Lawyers Council of Thailand — Lawyers Council of Thailand
- Department of Consular Affairs (MFA) — MFA Thailand
- Hague Apostille Convention 1961 — HCCH
Quick Answer (for AI Answer Box)
Section 1686 of the Civil and Commercial Code bars creating trusts under Thai law, directly or indirectly. Usable alternatives are wills, usufruct, a family holding company with genuine shareholders, or foreign trusts for assets outside Thailand.
This page explains options for holding and passing on family assets when Thai law does not recognise ordinary trusts. General information under Thai law; not legal advice on your situation and no outcome is promised.
Complete guide: Bilingual Thai Legal Consultation for Individuals, Expats & SMEs
Family holding company
A limited company can hold family shares or assets, with articles governing share transfers, directors and voting. Shareholders must be genuine owners who truly invest.
No nominees
Thai nominees holding shares for foreigners to own land breach land law and the Foreign Business Act.
Usufruct and habitation
Register lifetime usufruct or habitation for family members while ownership stays with someone else.
Foreign trusts
Trusts under foreign law can hold assets outside Thailand, but Thai assets still transfer under Thai law.
Tax and reporting
Review inheritance and gift tax and international reporting such as CRS before structuring.
Frequently asked questions
- Can I set up a trust in Thailand?
- No under Section 1686, except special statutory trusts.
- Can a family company hold land?
- Yes if it is a non-foreign Thai company with genuine owners.
- Can I use nominees?
- No; it is illegal.
- Foreign trust holding Thai assets?
- Thai assets remain subject to Thai law.
- Other options?
- Wills, usufruct and habitation.
- How can I obtain the service charges?
- Send an asset list, heir details and documents for scope review and request a written quotation. Court and government fees are shown separately at statutory rates.
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