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Do Trusts Exist in Thailand?

Transcript of the above video:

As the title of this video suggests, we are asking and I think I have done this video before, this may be kind of redundant but we are asking, "Are there Trusts in Thailand? Do Trusts exists in Thailand"? Maybe that's a better title, let's call this this: "Do Trusts exist in Thailand?" Editor, I will let you deal with that. So do Trusts exist in Thailand? Are there trusts in Thailand? whatever you want to call it.

Well in point of fact, not really. Not in any sense that anyone from a Common Law jurisdiction is going to recognize. Thailand does not utilize equity; there is no bifurcation of equitable title and legal title under Thai Law because there is no notion in Thai law of what we in the Common Law System would refer to as equity. To kind of put this out for lay folks, so when you go way back, the way Trusts got created, it actually goes back to the Crusades is my understanding, where you would have these Lords who would become a Crusading Knight but they would need to leave their manor if you will, in someone's hands, in someone’s safe keeping so they would put it into Trust. What they would do is they would bifurcate what was called the legal title which remained with that Lord and then they would bifurcate it with the equitable Title which was the title of the person who could administer it or vice versa. Maybe it was legal title went to the person who had to administer it because they had to deal with the legalities day to day, yeah that's right, but the equitable Title went to the person who had to go off and would come back and sort of put all that back together. That's kind of where you get this from; that's the notion. It is bifurcation of equitable and legal title which goes back to the Court of the King's conscience and the difference between the Law Courts and the ecclesiastical Courts if you want to go even further back. I am sure folks don't really want to go back that far in watching this video.

Long story short, none of that happened here in Thailand; we don't we don't have that jurisprudence here. There are a few things that look Trust like especially in a banking context usually inter-bank or intra-bank, not going to get into that that, that's a deep dive. What we are talking about here generally is for the man on the street, can the man on the street set up a trust here in Thailand? And the answer is no, not really, that's not going to be possible. Now you may be able to kind of, I don't know, recreate it in the aggregate using various other legal instruments to come down to something of a semblance of the same goal you are trying to get at with Trust, but long story short, Trusts do not exist in Thailand.