Best Trusts Lawyers in Chiang Mai

About Trusts Law in Chiang Mai, Thailand:

Trust law in Thailand, including Chiang Mai, is somewhat different to that in Western countries. The concept of trusts is not formally recognized in the Thai legal framework. Instead, Thai law applies the concept of 'Juristic Acts'. This means that while you cannot establish a trust in the same manner as you would in the West, you can enter into agreements that fulfill similar functions. Such agreements should be made in writing and verified by the competent authority to become enforceable.

Why You May Need a Lawyer:

Despite the differences in the legal system, many residents and businesses in Chiang Mai often find themselves in need of legal counsel similar to a trust. Whether it's to administer wealth and assets, plan estate distributions, or manage business transactions, the complexity of these issues requires the expertise of a qualified lawyer. The lawyer can help to draft juristic acts, understand the complexities of Thai law, and ensure that your interests are properly protected.

Local Laws Overview:

Thai law does not formally recognize trusts. Nevertheless, the Civil and Commercial Code (CCC) provides for juristic acts that can fulfill similar functions. To create a legally enforceable agreement, the CCC states that there must be a clear benefit or object, and it must not contravene public order or good morals. Also, the agreement must not be made with the intent to conceal any illegal action. An understanding of these local laws is crucial when seeking to establish a trust-like arrangement in Chiang Mai.

Frequently Asked Questions:

1. Can I set up a trust in Chiang Mai, Thailand?
You cannot set up a trust in the same way you might in Western countries. However, you can establish an agreement, known as a juristic act, that fulfils a similar purpose.

2. How do I make sure my juristic act is enforceable?
For a juristic act to be enforceable, it should be made in writing with a clear benefit or object and should not contravene public order or good morals.

3. Can a lawyer from my home country assist me in setting up a trust in Chiang Mai, Thailand?
It's recommended to consult a lawyer practicing in Thailand, as they will have a better understanding of Thai law and same is likely to be different from laws in your home country.

4. What constitutes 'good morals' in the context of Thai law?
Good morals generally refer to practices that are considered fair and just according to societal standards and legal principles.

5. Can foreigners enter into juristic acts in Thailand?
Yes, foreigners can enter into juristic acts in Thailand. However, it is recommended that they seek local legal advice due to the complexity of Thai law.

Additional Resources:

There are a number of law firms in Chiang Mai which specialize in assisting both locals and foreigners with the establishment of juristic acts. In addition, the Lawyers Council of Thailand and international bodies such as the International Bar Association can provide further resources and information on legal practices in Thailand. Always consider using a reputable local lawyer to help with your needs.

Next Steps:

If you believe you need assistance with trusts in Chiang Mai, Thailand, first speak to a local lawyer. Be sure to gather any relevant documentation or facts about your intended agreement. The lawyer will be able to guide you through the necessary steps, including drafting the juristic act, understanding the relevant legal framework, and ensuring that your interests are protected. Be sure to consult more than one professional to compare advice and choose the best fit for your needs.