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Thai Lawyer Holding Company

Duncan Pauline

Hi guys, I could do with some advice please. My Thai wife sadly died last August, as part of our retirement plan, I bought a house in Hua Hin in her name. I had wills for both of us. I needed to go to court in Nov and was granted Administrator of her will. I can own the house but not the land. My Thai Lawyer has suggested that I put the land into her holding company, this will cost 40,000 TB to go in, if I want to sell at any time In the future, it will cost another 40,000 to come out. How does this sound ? Thanks Duncan

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Duncan Pauline

@Duncan Pauline

Hi Guys, I could do with some advice here please, has anyone enter into this type of agreement ?

Sebastien H. Brousseau

Do not own land in a Thai company with fake nominees. There is a crackdown at the moment.


https://thailawonline.com/thai-nominee-shareholders/


if you are executor, sell the property and lease anywhere else.

PattayaPools

As already mentioned above, There is a DBD crackdown on foreigner controlled nominee companies that own land in Thailand and I think this will persist for a while. All of these are illegal and the lawyer should know this and also know there's a crackdown, so my suggestion is to talk with other lawyers, as this one's sounding dodgie as anything right now... yes sell or lease the land is one option but Thai law gives you a grace period to do all that. Avoid dodgie lawyers as there aren't so many good ones with your best interest at heart. but that's everywhere right? Why did God create snakes before he made lawyers??? He needed the practice! What's the difference between a dead skunk in the middle of the road and a dead lawyer in the same situation??? SKID Marks! :-D

PattayaPools

@Duncan Pauline

40 000 for a fake illegal nominee company setup sounds like a TRAP also especially with the aforementioned issues

Walnutcharles

It's my understanding that if you do the nominee you will lose big time. Your house the land which is not your, and your right to be in Thailand will be taken from you.

You could try and have the land given to her parent or child and hope they do not kick you off the land along with the house which they to my understanding can do at anytime.  But it's the best scenario I can think for you.

Or get a new thai wife quickly and hope she doesn't kick you and your house off her new land. It would be her choice.

Otherwise you are completely out of luck.

You can try to sale everything fast and take the money and maybe pay rent to your place that you once owned. 

But, then again you knew this going in to start with.  So none of this should be a surprise.  It's sad yes, but you have very little time and space to move around in.

Good luck.  But do not do the nominee thing It's poison.

alexsuomi

If I was you at look at who in Thailand can give land to and keep yourwelf safe, like house under your name with 30 year lease at low cost and USUFRUCT in place so you can live there long as you please and still sell, good if can try insert in lease that if sell owner of land will give new 30 year lease even if not binding

kevh

@Duncan Pauline

Sincere condolences on the passing of your wife. I think,unless the rules have changed, which is quite possible in Thailand, you have 12 months in which to sell your house. I might be wrong but I’m sure I read something like this years ago when we bought our property in Cha-am.Fortunately it won’t affect me this way as we’ve managed to get our children dual nationality and their names are in the blue book. I think I would check with a solicitor who is recommended to you, don't rely on Google!

I hope you get everything sorted mate. All the best to you👍🏻