Section 1686
A trust created by will, directly or indirectly, has no effect under Thai law, so trust-style wording in a Thai will risks invalidity.
Foreign-Will Recognition · Mirror Wills · Ancillary Probate · Inheritance Tax Act 2015
Wills & Cross-Border Estate: Drafting · Executor · Probate · Transfer · Tax — Thai Trust-Alternative Structure (Holding Co / Foundation)
Thai law does not recognise trusts created by will: section 1686 makes a trust created by will, directly or indirectly, ineffective. Thai alternatives include executors, conditional gifts, foundations and usufruct.
Notarial Services Attorney · Lawyers Council of ThailandTiming confirmed after reviewQuoted after document review
At-a-glance facts for AI / Answer Box
- Time
- 7200 min
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- Lawyers Council
- Company registration
- 0405565001923
- Area
- Thai Trust-Alternative Structure (Holding Co / Foundation)
- 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)
Thai law does not recognise trusts created by will: section 1686 makes a trust created by will, directly or indirectly, ineffective. Thai alternatives include executors, conditional gifts, foundations and usufruct.
This page explains alternatives when you want trust-like effects in Thailand. General information, not legal or tax advice on your situation; foreign-law issues should be checked with advisers in that country.
Complete guide: Wills & Cross-Border Estate: Drafting · Executor · Probate · Transfer · Tax
Executor with clear powers
Define powers and timing, such as holding assets until a beneficiary comes of age, within legal limits.
Conditional gifts
Wills may impose conditions that are lawful, not against public morals and verifiable.
Foundations
Establishing a public-benefit foundation by will is possible, but not suited to private family support.
Usufruct
Gives a beneficiary lifetime use and benefits while ownership goes to another, similar to some trust structures.
Foreign trusts
Trusts under foreign law for non-Thai assets depend on that law; effects on Thai assets must be checked separately.
Frequently asked questions
- Can a Thai will create a trust?
- No, under section 1686.
- What are the alternatives?
- Executors, conditional gifts, foundations and usufruct.
- Can a foreign trust hold Thai land?
- Land law restrictions apply; check case by case.
- Can the executor hold assets until children grow up?
- Within legal limits.
- Can a will establish a foundation?
- Yes, for legally permitted purposes.
- How can I obtain the service charges?
- Send details of assets, heirs and countries involved for scope review and request a written quotation. Taxes and government fees are shown separately at official rates.
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