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ResourcesThailand Real Estate & Property LawTitleIs There a Rule Against Perpetuities in Thailand?

Is There a Rule Against Perpetuities in Thailand?

Transcript of the above video:

The other day someone asked me about is there a rule against perpetuities in Thailand? For the lay folks watching this channel, the rule against perpetuities, basically it is a common law notion. The policy thinking behind it is they did not want to create dead hand instruments. Usually you see this with respect to wills, estate matters, ”life” estates. Trusts in a way kind of circumvent the rule against perpetuities although the rule against perpetuities can play in depending on how a Trust in a Common Law jurisdiction is structured.

Long story short, somebody asked me do they have a rule against perpetuities in Thailand? The short answer to that question is No, although there are these underlying concepts in Thai Law. Again I am not a Thai Attorney. I am a naturalized Thai citizen. I am an American Attorney by training. I am the Managing Director of the firm and I liaise with the other members of the firm, the Thai legal team with regarding these matters and we obviously vet when I talk videos with the Thai legal team to make sure I am not talking completely askew from the system here in Thailand. 

Yeah, there is no rule against perpetuities per se because that is a Common Law rule, it is a Common Law notion. This isn't a Common Law jurisdiction, it is Civil Law but those same kind of notions are out there in the sense that you don't want to create this dead hand that can just control things way, way out. Once probate or succession here is completed on an estate, the person that inherited the property, that is theirs to deal with at that point. The other interesting thing with respect to Thailand again not being a Common Law jurisdiction and not being a Civil Law jurisdiction that created Trust, Thailand does not have the body of Trust law that other jurisdictions have which again Trust may get you around the rule against perpetuities in certain ways but with respect to Thailand that doesn't exist anyway.

Long story short, no it is not there per se in Thailand but the same kind of notions are pervasive conceptually within not only the body of law but the Judiciary as well.