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Inheritance of land by a foreign spouse as statutory heir
In theory a foreigner can acquire land by inheritance as statutory heir (as opposed to legatees or heirs who are entitled by last will) and register ownership after having obtained permission from the Minister of interior.
Section 93 of the Land Code Act: 'A foreigner who acquires land by inheritance as statutory heir can have an ownership in such land upon a permission of the Minister of Interior. However, the total plots of land shall not be exceeding of those specified in Section 87'
It should be noted that the over 55 year old section 93 applies only to foreign ownership of land under a treaty (section 86 Land Code Act) and NOT to foreigners receiving land as a statutory heir from a Thai spouse. The last treaty allowing foreigners to own land in Thailand was terminated in 1970 therefore there is currently NO legal ground for the Minister of Interior to allow any foreigner to acquire land in Thailand as a statutory heir.
This in practice means that any foreign spouse who acquires land by inheritance as a statutory heir has to transfer the land within 1 year to a Thai national. The forgoing applies only to foreigners inheriting land as a statutory heir and not to foreigners heirs who acquire land under a last will.
