Most foreigners in Thailand lease the land and house for their residence with 30 year terms and renewable conditions. Such terms and conditions are legally effective and enforceable. In Hua Hin, some Housing Project contracts will soon be approaching the final years of their Lease Contracts.
In general every Lessee will need to renew the Lease Contract but may have worries about the possibility of the renewal in practice. In order to reduce this worry the Lessee should check the Contract and carry out the following actions: 1 Check the Contract, is there any Clause of Renewal? Renewal conditions should clarify the future rental rate, and whether the same or a change in Terms and Conditions will be used. 2 Is the Lessor alive? 3 Is the Leased Property still under the ownership of the Lessor or has it changed? 4 Before the expiry date of the Lease, the Lessee should notify the Lessor in writing that he wishes to renew the Lease Contract for another 30 years.
If the Lessor defaults or refuses to renew the contract, the Lessee may take the case to Court for legal enforcement. The judgement will be made in favour of the Lessee in the end. Advice when making a Last Will and Testimony Discuss with the Lawyer, the forecasting of all eventualities including problems which may occur after your death, and may cause problems in the implementation of the Will.
The following matters should be considered:
1 Confirmation / Verification of the Testator’s State of Mind / Legal Capacity / Sick / Ill / Incapable needs to be certified by a doctor or some liable person. 2 List of Legatees. 3 Ranking of Legatees Ranking is important and needs to be arranged / someone may die before the other. 4 Disposition of Estates (Asset List) 5 Nomination of Executor There should be more than one / one may die before the other. 6 Function of Executor Should be clear about how to deal with a medical cost / funeral cost / debt / claims / Executor Fee and necessary items to do through the Execution process 7 Nomination of Child/ren’s Guardian It should be planned who will take care of the child/ren if the Testator dies / or the Testator and Legatee die together. 8 Funeral Undertaking. 9 Two Witnesses are necessary for writing a Will. Note : The following persons cannot be witnesses in the Will: 1 Person/s sui juris (under 20 years of age) 2 Person/s of unsound mind / adjudged quasi-incompetent 3 Person/s who are deaf or blind The writer of the Will or Witness/es cannot be a Legatee of the Will © Jatupon Cherbangkaew Executive Partner / Lawyer Website : www.actahuahin.com email: actahuahin@gmail.com Mobile: +66 (0)92 427 3344
