Q.  I have bought and sold property in many other countries- why should I engage a lawyer to help me?

A.  The general rule is that foreign persons/ foreign companies are not allowed to own land in Thailand. There are exceptions to the rule, and these exceptions have specific requirements. A good lawyer should be your first port of call in this matter, so that you understand all your options from a legal standpoint.

Q. I have decided to buy a property, I am confident the seller is trustworthy and the property is ideal- why would I need to see a lawyer?

A. Before buying any property/ land it is imperative that you instruct a lawyer to conduct title searches against the land you want to buy. Otherwise you will be walking into the purchase “blindly”, without knowing what issues will arise after you buy the property. That amazing house you were looking at, may not, for example, have had the required building permits in the first place.

Q. I am going into business with a friend, we are going to operate as partners. I don’t see the need for any formal (written) agreement, I wouldn’t be going into business with someone I didn’t trust in the first place.

A. Without a written partnership agreement you will be subject to statutory law. If you go your separate ways, by law you will be obliged to split everything 50/50. This applies to profits, losses etc….. regardless of how much capital, time and effort the partners brought into the business. With a written partnership agreement you know exactly where you stand.

Q. I (or my company) is/ am going to acquire another business. I don’t want any legal fuss, I want to keep the whole process down to the bare minimum. Why lose money paying lawyer’s fees?

A. If you don’t instruct a lawyer to do legal  due diligence on the business you want to acquire, you quite frankly are not “covering your back”. After the acquistion is complete you may be in for some nasty surprises, eg. uncovering hidden liabilities, litigation etc. All of these things can lower the real value of the business, meaning that you overpaid for the acquisition. Clean up costs could be much larger than you anticipated, so that what you thought was a great deal is actually costing you much more than you bargained for. Get a good lawyer to do conduct legal due diligence for you, and you will be saving yourself time and money in the long run.

Q. I don’t have a will and I have no interest in creating one. Even if I ever were to pass away, my assets would be allocated to my nearest and dearest, right?

OR:  I have made a will, I presume it’s legally valid, but to be honest I don’t know. In any event, my last wishes will be honoured, won’t they?

A. If you die without a will, you will deemed to have died intestate. Statutory intestacy rules will apply, instead of your own instructions. Some of your assets may end up going to people you didn’t want them to go to, leaving your intended recipient empty handed. If you die without a valid will, and you aren’t married (or in a civil partnership), your partner won’t be able to inherit, if you want to leave something to a close friend, they won’t be able to inherit. If you are separated, but not divorced, your assets will pass on to your legal spouse, and not your partner. If you think your family has problems now, wait until they are fighting over your assets. Make things easier, and have peace of mind, knowing that you have a legally valid will, and that your loved ones won’t go empty handed.