Expat Juris

07/08/2026

Thai Authorities Launch Operation Targeting Alleged Chinese Nominee Network Involving Luxury Real Estate

Thailand's Economic Crime Suppression Division (ECD), under the Central Investigation Bureau (CIB), has launched an operation targeting an alleged network involving foreign capital, Thai nominee shareholders, and the acquisition of luxury real estate in Thailand.

Police conducted coordinated searches at five locations in Bangkok and arrested three individuals in connection with separate alleged immigration and employment-related offences. Authorities also seized corporate documents, property-related records, land title documents, shareholding records, electronic devices, company seals, bank-related materials, and other evidence for further investigation.

According to the authorities, the investigation began after officers identified irregularities involving a group of Chinese investors allegedly attempting to circumvent Thai laws governing businesses reserved for Thai nationals.

The authorities allege that Thai nationals were used as nominee shareholders and directors in multiple companies, with the companies subsequently being used to acquire or hold luxury residential properties in Thailand.

Police further allege that a Thai law firm and accounting service providers were involved in establishing companies and preparing corporate documentation connected to the structures under investigation.

At one of the locations searched, which was identified by authorities as a legal consultancy, officers reportedly found 21 employees working in accounting and legal-related functions and seized documents for further examination and witness interviews.
At another location, officers reportedly discovered documents relating to corporate registrations, agreements for the purchase and sale of real estate, land title deeds, bankbooks, company seals, and 32 condominium access cards allegedly connected to properties within the network.

According to the police, the investigation also identified a Chinese national, referred to by authorities as Mr. Hao, as a key individual in the alleged network.

Police stated that Mr. Hao allegedly admitted during the initial investigation that he had invested in companies established through a Thai law firm and had used Thai nationals as nominee shareholders. He allegedly stated that the funds were used to purchase luxury homes for Chinese associates and that he would receive a commission of approximately 1.5–2.5% from property sales.

The authorities are continuing to investigate the alleged nominee arrangements and the involvement of other individuals and entities.
Legal implications for foreign investors

The case highlights the increasing scrutiny surrounding nominee structures in Thailand, particularly where foreign capital is used to acquire or control businesses or assets through Thai nationals.
Under the Foreign Business Act B.E. 2542 (1999), using Thai nationals as nominees to hold shares on behalf of foreign nationals in order to circumvent restrictions under the law may constitute a criminal offence, subject to the specific facts and evidence of each case.

Foreign investors should therefore exercise particular caution when establishing Thai companies or acquiring real estate through structures involving Thai shareholders.

A compliant corporate structure should be based on genuine investment, transparent sources of funds, lawful ownership arrangements, and actual economic participation by the shareholders. The fact that a Thai national appears on a company's shareholder register does not, by itself, determine whether a structure is lawful. Authorities may also examine the source of funds, beneficial ownership, control of the company, decision-making authority, and the actual economic substance of the arrangement.

For investors considering property acquisitions or corporate structures involving Thai and foreign shareholders, it is important to conduct proper legal due diligence before proceeding.

Expat Juris we provides legal advice on foreign investment, corporate structuring, the Foreign Business Act, nominee-structure risks, and real estate transactions involving foreign investors in Thailand

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30/07/2026

𝐓𝐡𝐚𝐢𝐥𝐚𝐧𝐝 𝐒𝐮𝐩𝐫𝐞𝐦𝐞 𝐂𝐨𝐮𝐫𝐭 𝐉𝐮𝐝𝐠𝐦𝐞𝐧𝐭 𝐍𝐨. 𝟏𝟕𝟎/𝟐𝟓𝟔𝟗: 𝐅𝐨𝐫𝐞𝐢𝐠𝐧 𝐌𝐚𝐫𝐫𝐢𝐚𝐠𝐞 𝐑𝐞𝐜𝐨𝐠𝐧𝐢𝐳𝐞𝐝, 𝐖𝐢𝐟𝐞 𝐀𝐩𝐩𝐨𝐢𝐧𝐭𝐞𝐝 𝐄𝐬𝐭𝐚𝐭𝐞 𝐀𝐝𝐦𝐢𝐧𝐢𝐬𝐭𝐫𝐚𝐭𝐨𝐫

The Supreme Court of Thailand recently delivered an important judgment on the recognition of foreign marriages and the appointment of an estate administrator.

𝐊𝐞𝐲 𝐟𝐚𝐜𝐭𝐬:

- The deceased executed a will, but the will was declared void because it failed to comply with the formal requirements of the Thai Civil and Commercial Code. Since no appeal was filed on that issue, the invalidity of the will became final.

- The remaining dispute concerned who should be appointed as the estate administrator.

- The deceased's wife, who married the deceased in Florida, USA, opposed another applicant's request and sought to be appointed herself.

𝐓𝐡𝐞 𝐒𝐮𝐩𝐫𝐞𝐦𝐞 𝐂𝐨𝐮𝐫𝐭 𝐡𝐞𝐥𝐝
A marriage legally celebrated abroad is valid in Thailand if it complies with the applicable legal requirements under Thai conflict-of-laws rules and the law of the place where the marriage was performed.

𝐓𝐡𝐞 𝐰𝐢𝐟𝐞 𝐩𝐫𝐨𝐝𝐮𝐜𝐞𝐝

- A certified Florida marriage record;
- A certified copy issued by the Clerk of Court; and
- Thai translations.

As no evidence was presented to challenge the validity of the marriage, the Court recognized her as the deceased's lawful spouse and, consequently, a statutory heir.

The Court also disagreed with the Court of Appeal's finding that she was unsuitable because she allegedly failed to care for the deceased. The evidence showed that:

- The couple had lived together as husband and wife in the United States for over 33 years.
- She regularly communicated with the caregiver regarding the deceased's health.
- She was never informed that the deceased had passed away, nor was she notified of the funeral or the estate proceedings.

The Supreme Court found that these circumstances did not render her unsuitable to administer the estate. As she was not disqualified under Section 1718 of the Civil and Commercial Code, she was appointed as the estate administrator.

𝐊𝐞𝐲 𝐭𝐚𝐤𝐞𝐚𝐰𝐚𝐲
This judgment highlights that:
• A foreign marriage can be fully recognized in Thailand when properly evidenced.
• Being physically absent during a spouse's final illness does not automatically disqualify a surviving spouse from acting as an estate administrator.
• Courts will examine the surrounding circumstances and the conduct of all parties before determining whether an applicant is suitable to administer an estate.

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25/07/2026

Land Nominee Structures in Thailand: A Legal Risk Often Underestimated

In Thailand’s real estate landscape, one of the most persistent misconceptions among foreign investors is the belief that land can be safely held through a Thai individual or a Thai-majority company acting on their behalf.

At first glance, such arrangements may appear practical. A Thai national holds legal title, or a company is structured with Thai shareholders, creating the impression of compliance. However, where these structures are established to bypass foreign ownership restrictions, they may be classified as nominee arrangements—exposing all parties to significant legal risk.

Thai law does not assess ownership based solely on formal registration. Authorities will examine the true source of funds, control, and beneficial ownership. Where a foreign national is the actual investor or beneficiary, the structure may be deemed unlawful regardless of how it is documented.

The consequences are not merely theoretical. These arrangements may lead to criminal liability, regulatory enforcement, and ultimately the loss of the asset. In particular, land held in violation of foreign ownership restrictions may be subject to mandatory disposal within a prescribed period, failing which authorities may enforce the sale.

In addition, nominee structures often collapse in practice. In the event of a dispute, the Thai titleholder remains the legally recognized owner, leaving the foreign investor without enforceable rights under Thai law.

Thailand does provide lawful avenues for foreign participation in property and investment. However, these must be carefully structured to ensure full compliance with applicable laws and regulations.

Legal Basis (Thailand)

Land Code

Section 111
Foreigner acquiring land unlawfully:
Imprisonment up to 2 years and/or fine up to THB 20,000

Section 112
Juristic person acquiring land unlawfully:
Fine up to THB 50,000

Section 113
Thai national holding land as nominee for a foreigner:
Imprisonment up to 2 years and/or fine up to THB 20,000

Administrative Measure
Competent officials may order disposal of land within 180 days to 1 year;failure to comply may result in enforced sale

Thai Criminal Code

Section 137
False statements to officials:
Imprisonment up to 6 months and/or fine up to THB 10,000

Section 267
Submission or use of false documents:
Imprisonment up to 3 years and/or fine up to THB 60,000

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24/07/2026

If a Child Causes a Car Accident, Are the Parents Always Liable?

The short answer is not always.

Under Thai law, parents or legal guardians may be held jointly liable for damage caused by their minor child. However, liability is not automatic.

Section 429 of the Thai Civil and Commercial Code provides that parents or persons exercising parental authority may be responsible for a minor's wrongful act unless they can prove that they exercised appropriate care and supervision.

In Supreme Court Judgment No. 480/2548, the Court held a father jointly liable after he allowed his 16-year-old son, who did not have a driver's licence, to drive a car on a public road. The Court found that permitting an unlicensed minor to drive demonstrated a failure to exercise reasonable parental care.

Whether parents are legally liable will always depend on the specific facts, including:

• The child's age and circumstances
• Whether the parents permitted or prevented the child from driving
• Whether reasonable supervision was exercised
• Whether the parents' conduct contributed to the accident

As with any legal dispute, every case is determined on its own facts and evidence.

At Expat Juris, we advise clients on Thai civil liability, personal injury claims, insurance disputes, and litigation involving cross-border or international elements.

17/07/2026

Who Can Make a Will Under Thai Law?

Making a valid will in Thailand isn't complicated, it mainly comes down to following the correct form, the correct steps, and being clear about your intentions. Done right, what you set out in your will is legally enforceable (Civil and Commercial Code, Sections 1646–1710).

Who is eligible to make a will

A. Only a natural person can make a will — not a company or other juristic entity.
B. The person must be at least 15 years old (Section 1703).
C. The person must not have been declared legally incompetent by a court, and must not be of unsound mind, at the time the will is made (Section 1704).

Why this matters
Thai law keeps the capacity requirement fairly broad, but it's assessed specifically at the moment the will is made (Section 1654) , the aim is to protect the true intention of the person making it. If these capacity requirements aren't met, the will has no legal effect and is void.

Even if someone has the legal capacity to make a will, failing to follow the form the law requires will also make the will void. The next thing worth understanding is the different forms of will Thai law recognizes, and how many there are.

Contact our law firm
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16/07/2026

Thai Wills for Expats: Why You Need One and the Types Available

If you live in Thailand and own assets here: a condo, a car, a bank account, an investment a Thai will is worth having, regardless of nationality. Foreigners are permitted to make a will in Thailand covering property located in the country, and doing so is the clearest way to control who receives it.

What a will does

A will is a legal document setting out how your assets are distributed after death. Without one, Thai assets are distributed to statutory heirs under Thai law spouse, children, parents, and siblings, in a fixed order, which may not match what you actually intend, especially for blended families, unmarried partners, or assets meant for people outside Thailand.

Forms of will under Thai law
Thai law recognizes several forms, most commonly:

1. Ordinary written will, signed before two witnesses

2. Holographic will, handwritten entirely by the testator

3. Public document will, made through the district office (Amphur)

4. Secret document will, sealed and registered with officials

5. Oral will, only for genuine emergencies (e.g. imminent danger, war), and short-lived

Each has different tradeoffs in cost, privacy, and how hard it is to challenge later. The public document form is generally the most secure against disputes but requires officials and witnesses; the ordinary and holographic forms are simpler but rely on careful drafting.

Practical notes for expats

A. A separate Thai will covering only Thai-located assets (alongside a home-country will for assets elsewhere) is common practice and can simplify administration.

B. The will should be kept somewhere trusted people can find it, and its existence made known to them.

C. Getting legal advice is not mandatory but is advisable where assets, family situations, or cross-border elements are complex.

15/07/2026

Expat Juris Successfully Executed a High-Value Estate in Accordance with the Will for a European Family

We are pleased to announce the successful ex*****on of a high-value estate for a European family, carried out strictly in accordance with the terms of the Will. This matter required careful legal coordination, attention to cross-border considerations, and precise adherence to Thai succession laws.

Led by our Partner, Gabby San, our team ensured that the estate administration process was conducted efficiently, transparently, and in full compliance with the testator’s intentions. From asset verification to legal ex*****on, every step was managed with diligence to safeguard the interests of all parties involved.

Cross-border estate matters often involve complex legal and procedural challenges. At Expat Juris, we specialize in assisting international families with tailored legal solutions, ensuring clarity, compliance, and peace of mind throughout the process.

If you require assistance with estate planning, will ex*****on, or succession matters in Thailand, our team is ready to support you.

15/07/2026

𝐂𝐨𝐫𝐩𝐨𝐫𝐚𝐭𝐞 𝐋𝐚𝐰 𝐈𝐧𝐬𝐢𝐠𝐡𝐭: 𝐂𝐚𝐧 "𝐅𝐚𝐦𝐢𝐥𝐲 𝐂𝐮𝐬𝐭𝐨𝐦" 𝐒𝐡𝐢𝐞𝐥𝐝 𝐘𝐨𝐮 𝐟𝐫𝐨𝐦 𝐂𝐫𝐢𝐦𝐢𝐧𝐚𝐥 𝐋𝐢𝐚𝐛𝐢𝐥𝐢𝐭𝐲?

A Supreme Court judgment serves as a stark reminder for all business owners: Once you register as a company, the law applies to everyone—regardless of whether it's a family business or
a global corporation.

The managing director of a family-owned company filed an application to officially relocate the company’s headquarters. To do this under Thai law, the Registrar requires proof of a Special Resolution passed by the shareholders.

The director submitted documents claiming that a notice had been published in newspapers, invitations sent, and a shareholder meeting successfully held with a valid quorum.

Other shareholders (who were also family members) later discovered the relocation and alerted the Registrar. No notice was ever sent, and no meeting ever took place. The entire corporate paperwork was fabricated.

The director argued in court that they had no criminal intent. Their defense was built on two arguments:
- The company was purely a familyกงสี (family pool) business.
- Over the years, the family had developed a customary practice of mutual trust, meaning formal meeting notices were never practically required or sent.

𝐓𝐡𝐞 𝐒𝐮𝐩𝐫𝐞𝐦𝐞 𝐂𝐨𝐮𝐫𝐭'𝐬 𝐕𝐞𝐫𝐝𝐢𝐜𝐭
The Supreme Court rejected the defense and upheld the conviction under the Penal Code (Sections 137 and 267). The Court laid down several crucial legal principles:
- Strict Legal Compliance: Under Sections 1145 and 1146 of the Civil and Commercial Code, altering a company's Memorandum of Association or relocating its head office strictly requires a Special Resolution passed via a formal shareholder meeting.
- Public Reliance: Corporate registries are matter of public record. The government guarantees the credibility of these documents because they affect third parties and external stakeholders.
- No Family Exceptions: Even if a company consists entirely of close relatives, it operates in a broader economic ecosystem. The Court explicitly ruled that a director cannot use "family custom" or "mutual trust" as an excuse to bypass mandatory statutory requirements.

𝐓𝐡𝐞 𝐂𝐨𝐧𝐬𝐞𝐪𝐮𝐞𝐧𝐜𝐞
The director was found guilty of making false statements to a public official and causing a public official to record false statements into public records. The final sentence stood at a 4-month imprisonment (suspended for 2 years) and a fine.

𝐊𝐞𝐲 𝐓𝐚𝐤𝐞𝐚𝐰𝐚𝐲 𝐟𝐨𝐫 𝐄𝐧𝐭𝐫𝐞𝐩𝐫𝐞𝐧𝐞𝐮𝐫𝐬
Operating a family business provides flexibility, but it does not place you above corporate governance. When dealing with statutory filings, procedural law is non-negotiable. Protect your business and yourself by ensuring that all corporate resolutions, notices, and meetings strictly adhere to the law.

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Court

14/07/2026

11/07/2026

Pre-Nuptial Agreements: Securing Your Financial Future Before Marriage

A Pre-nuptial Agreement (Ante-nuptial Agreement) is a special legal contract made between a prospective husband and wife before their marriage registration. Its primary purpose is to establish specific rules regarding the couple’s property and assets, allowing them to deviate from the standard legal requirements.
While many couples may feel hesitant to discuss legalities before their wedding, these agreements offer significant benefits for a stable and transparent marriage.

Key Benefits of a Pre-Nuptial Agreement
1. Autonomy in Asset Management Under the general Thai law, the default system is "Community of Property" (Sin Somros), which often grants the husband primary authority in managing shared assets. A pre-nuptial agreement allows couples to redefine this power, granting both parties equal rights or specific authority to manage assets independently.

2. Efficiency for Business Owners For individuals who own businesses—such as hotels or real estate companies—a pre-nuptial agreement is essential. It can specify that business assets remain "Separate Property," allowing the owner to conduct transactions, sign contracts, and expand the business without needing the other spouse's formal consent for every legal act. This prevents business delays and maintains professional independence.

3. Clear Distinction of Assets The agreement provides a formal record of what constitutes "Separate Property" (assets owned before marriage or received via inheritance) and "Community Property" (assets acquired together). This clarity is vital for preventing future disputes and ensuring that personal family legacies are protected.

4. Financial Protection and Conflict Prevention By deciding how property will be divided in the event of divorce or death, couples can avoid lengthy and costly legal battles. It provides a "roadmap" that fosters a sense of fairness and security, knowing that financial expectations are clearly documented and legally binding.

Formal Requirements in Thailand
To be legally valid in Thailand, a pre-nuptial agreement must follow strict formalities:
- It must be made in writing and signed by both spouses and at least two witnesses.
- It must be registered with the Registrar at the time of marriage registration.
- It cannot violate public order or good morals (e.g., it cannot include a pre-agreement to divorce).

Conclusion
A pre-nuptial agreement is not about a lack of trust; rather, it is a tool for modern equality and financial transparency. By setting clear boundaries and management rules from the start, couples can build their shared life on a foundation of mutual respect and legal certainty.

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