What Happens to a Usufruct When Someone Dies?

Reviewed by ThaiLawOnline, a licensed Thai law firm practising in Thailand since 2006. Thai lawyer of record: Wichuda Atthamethakon, LL.M., Thai Bar Licence 3149/2556.

Last updated on September 5, 2026

What happens to usufruct rights when the usufructuary dies. Thai property law has clear rules about succession, testamentary gifts, and the survival of leases.

Written by Sebastien H. Brousseau and Wichuda Atthamethakon | ThaiLawOnline.com, Practicing usufruct law since 2006

Key Takeaways

• Section 1418 Rule: Usufruct is always personal and non-inheritable. It terminates automatically upon the usufructuary’s death.
• Testamentary Usufruct: A property owner can create new usufruct in their will. The beneficiary cannot inherit it further. It ends on their death.
• Leases Survive: Under Decision 2297/2541, a lease granted by a usufructuary survives the usufructuary’s death and binds the owner who granted the usufruct. In that case the owner was alive and was the one who sued to evict, and lost.
• Property Reverts: Upon death, the property returns to the owner or owner’s heirs, free of the usufruct encumbrance.
• Estate Planning Tool: Usufruct is valuable for temporary benefits. Examples: spouse housing, child education period. It cannot be extended through inheritance.
• Lease Complications: If a usufructuary granted a long-term lease (30 years), the landowner’s heirs inherit both the land and the lease obligation.

Last reviewed: 3 September 2026. The five Supreme Court decisions cited on this page were read in full in Thai and their descriptions were checked line by line. Two were wrong about what happened. The page said the landowner’s heirs tried to evict the tenant in 6278/2537; in fact the heirs sued the tenant for fire damage and relied on the lease, and the tenant was held liable under Sections 552 and 562. And it said 2297/2541 binds “the original owner’s heirs”, where the judgment binds the owner who granted the usufruct, who was alive and was the plaintiff who lost. The facts of 2297/2541 were also wrong on the usufruct, which was for life and not for thirty years. Smaller corrections: 1516/2525 was dated 1962 and is 1982, and 305/2489 was described as an administrator taking possession when he had granted a lease. The account of Decision 7199/2552 and the treatment of creating a usufruct by will were corrected separately on the same day. What this review did not re-check, said rather than implied: the estate planning strategies, the comparison table, and the practical tips.

The Fundamental Rule: Usufruct Cannot Be Inherited

Section 1418: Automatic Termination on Death

Thai usufruct law is unambiguous: usufruct is a personal right that terminates upon the death of the usufructuary. Section 1418 of the Thai Civil and Commercial Code makes this crystal clear.

Unlike ownership, which passes to heirs, or a lease, which can survive, usufruct extinguishes completely and automatically.

What does this mean in practice. If you hold usufruct on a piece of land, that right does not pass to your children, spouse, or any heir. The moment you die, the usufruct ends. The underlying property reverts entirely to the owner or the owner’s heirs, unencumbered.

This is not a rule that can be contracted around. The termination is automatic. No court order, notice, or formal cancellation is required. Death alone is sufficient. This reflects Thai law’s view that usufruct is quintessentially personal. It is tied to the individual, not to a family or estate.

Practically, this means:

• Usufruct cannot be included in your will or estate inventory.
• It cannot be bequeathed to anyone, no matter how important they are to you.
• Your heirs have no claim to continue the usufruct after your death.
• The owner (or their heirs) regains full control of the property upon your death. No obligation to continue the arrangement exists.

Why This Is Different from a Lease

Many people confuse usufruct with a lease, but the inheritance rules are completely different.

A lease (sǎ-nyah) is a contract between a landlord and tenant. It is enforceable against successive owners of the property (if registered). Leases survive the death of either party. If the tenant dies, their heirs may assume the lease. If the landlord dies, the heirs inherit the property subject to the lease obligation.

Usufruct (si-man), by contrast, is not a contract in the traditional sense. It is a property right that gives the usufructuary exclusive use and enjoyment, but not ownership. Unlike a lease, which binds successive owners if registered, usufruct is tied entirely to the individual usufructuary. Death ends it, period.

This distinction matters enormously for planning and for protecting tenants or other occupants. A 30-year lease will survive death. A 30-year usufruct will not.

Can You Create Usufruct by Will?

Yes, Through the Law of Wills

Here is a critical exception to the non-inheritance rule: a property owner can create a usufruct in their will. It is worth saying exactly where that comes from, because it is often mis-cited. The usufruct chapter of the Civil and Commercial Code, sections 1417 to 1428, does not list the ways a usufruct may be created: it defines the right, its duration and the parties’ obligations, and nothing more. A testamentary usufruct works through the law of wills in Book VI, and it is registered against the land like any other usufruct. That is the route the Supreme Court took in the decision below, which it decided under sections 1673 and 1674 paragraph two on conditional dispositions in a will, not under any section of the usufruct chapter.

When an owner includes usufruct in their will, they are creating a new right that takes effect upon their death. For example, a parent might write: “I grant usufruct of my house at 123 Sukhumvit Road to my wife for her lifetime, and ownership of the house to my son.” This is valid.

The usufructuary takes the benefit the will gives them, but they cannot pass that usufruct to their own heirs. When the usufructuary dies, the usufruct ends and whoever the will names as owner takes the property free of it.

This is a powerful tool for estate planning because it allows you to:

• Provide housing for a surviving spouse without transferring ownership.
• Ensure a child with special needs has a place to live for life. You do not worry they will squander or sell it.
• Split control of property between different family members. One gets usufruct, another gets ownership.
• Set time limits on occupation. Example: “usufruct for 10 years, then ownership passes to my son”.

Decision 7199/2552: Testamentary Usufruct Confirmed

The Supreme Court upheld a testamentary usufruct in Decision 7199/2552 (2009). A holograph will gave the defendant the right of habitation and the right of usufruct over the testator’s house and land for her lifetime, and provided that on her death the property would pass in full ownership, in equal shares, to the children of another named person. Those children were the plaintiffs. It was the life beneficiary herself, not her heirs, who claimed ownership: she applied to have the house and land registered in her own name as an heir of the deceased.

The Court rejected the claim. By granting habitation and usufruct the testator had given a limited right for life, not ownership, and the beneficiary’s rights were only those the will gave her. Ownership was left to pass to the plaintiffs under a condition precedent, her death, which had not yet happened. Two consequences follow and the second is the one practitioners use: because she held only those limited rights, she was treated as possessing the property on the plaintiffs’ behalf, so she could not set up prescription against them, and she had no right to register the transfer of ownership to herself. The Supreme Court reversed the Court of Appeal and restored the trial court’s judgment.

The decision underscores a critical principle: clear language matters. If a testator wishes to grant limited rights only, using the term “usufruct” or “habitation right” is effective. The court will respect the testator’s intent. The court will not expand the beneficiary’s rights beyond what the will specifies.

This decision also confirms that even testamentary usufruct is non-inheritable. The fact that it was created by will does not change the fundamental rule: usufruct ends on the usufructuary’s death.

What Happens to Leases When the Usufructuary Dies?

This is where Thai law becomes particularly nuanced. This is where many people make costly mistakes. The rule is this: if a usufructuary grants a lease to a tenant, the lease survives the usufructuary’s death. The landowner becomes bound by it.

Decision 2297/2541: The Landmark Decision

The Supreme Court’s decision in 2297/2541 (1998) is the leading authority. Here are the facts:

• In 1975 a landowner registered a usufruct over her land and shophouse to Person A, for Person A’s life.
• In 1981 Person A, as usufructuary, let the property to Person B and Person C for 30 years, in writing and registered with the official.
• Person A died in 1986, which ended the usufruct.
• The landowner tried to evict the tenant. They argued that the usufruct had ended and so had any lease stemming from it.
• The tenant argued the lease was independent and should survive.

The Supreme Court ruled in favor of the tenant. The Court held that:

• While the usufruct was running, Person A had the power to manage the property and so had the power to let it (Section 1417 paragraph two).
• The lease was made in writing and registered for 30 years, as Sections 538 and 540 require, so it binds the owner of the land.
• Person A’s death did end the usufruct (Section 1418, final paragraph), but that does not affect the rights of the tenants, who are third parties, and does not bring the lease to an end.
• The owner therefore had no right to evict. The trial court and the Court of Appeal had ordered the buildings removed; the Supreme Court reversed and dismissed the claim.

This decision has profound implications. It means a usufructuary can bind the landowner through a lease, even after the usufructuary dies. The owner cannot easily undo or terminate a lease by waiting for the usufructuary to pass away.

Decision 2297/2541 (1998): A usufructuary granted a 30-year registered lease. The usufructuary died and the usufruct ended, but the lease did not: it binds the owner of the land for its full term. The judgment binds the owner who granted the usufruct, who was the plaintiff in that case. It does not decide what happens on that owner’s death, although Section 569 keeps a lease of immovable property alive through a transfer of ownership.

Do note that the lease itself is still capped at 30 years maximum (CCC Section 540) and must be registered if over 3 years. Longer attempts are automatically reduced by law.

Decision 6278/2537: Both Parties Die

A related question: what if both the usufructuary and the original landowner die during the lease term. The answer comes from Decision 6278/2537 (1994).

A father owned land and a row of shophouses and gave a third person a usufruct over them for life. The usufructuary let the shophouses to a tenant for seven years. Both the father and the usufructuary died while that lease was still running, and the father’s two children inherited the land and the buildings. Fire then destroyed part of the shophouses, and the children sued the tenant for the damage. Nobody tried to evict anybody: the heirs relied on the lease rather than attacking it.

The Court held:

• The heirs took over their father’s rights and duties, including those arising from the lease the usufructuary had granted, so they had standing to sue the tenant.
• The tenant had used the shophouses as a warehouse, which was outside the purpose stated in the lease, had filled them with cardboard, and had provided neither fire extinguishers nor watchmen.
• Even though the investigation could not say who started the fire, it happened through the tenant’s fault, so the tenant was liable for the loss and damage to the leased property under Sections 552 and 562.
• The award of 334,668 baht with interest was upheld through both appeals.

The practical effect: a lease granted by a usufructuary passes with the land to the owner’s heirs, who step into it on both sides. They are bound by it, and they can also enforce it, which is what these heirs did.

The Tenant Is Protected, the Owner Is Bound

These decisions illustrate a fundamental policy in Thai law: leases are respected, even when granted by someone without full ownership. A properly registered lease is a powerful instrument that protects the tenant and binds successive owners.

For usufructuaries, this is critical: do not grant long-term leases lightly. A 30-year lease you grant will outlive you. It will remain enforceable against the landowner and the landowner’s heirs. This can create serious conflicts if the property is meant to return to the owner’s family.

For landowners, this is a warning: if you grant usufruct to someone, understand that they may grant leases. Those leases will survive the usufruct. The owner should carefully control a usufructuary’s authority to sublease or lease the property.

Comparison: Inheritance of Property Rights in Thailand

Thai property law recognizes several overlapping rights. Here is how they compare in terms of inheritance:

Property Right	Defined By	Inheritable?	Survives Owner’s Death?	Typical Duration	Common Use Case
Ownership	Like condominium, or title deed like chanote.	Yes	Yes	Indefinite	Full control and disposition
Usufruct	CCC Section 1417-1428	No, never	No, terminates on death	Life or term of years	Temporary exclusive use without ownership transfer
Lease	Also called “hired of property” in the CCC Section 537-571	Partially (tenant heirs may assume)	Yes, if registered	Fixed term	Temporary occupancy with rent obligation
Superficies	CCC Section 1410-1416	Yes	Yes	Life or term of years	Right to construct and own building on another’s land
Habitation Right	CCC Section 1402-1409	No	No, terminates on death	Life or shorter period	Right to occupy dwelling. Cannot sublease.

The table shows that usufruct and habitation rights are unique among property rights in Thailand. They are strictly personal and never inheritable. Ownership, superficies, and (to some extent) leases all pass to heirs or successors. But usufruct always ends with death.

Estate Planning Strategies Using Usufruct

Understanding the non-inheritable nature of usufruct is essential for effective planning. Here are common strategies:

Parent Transfers Land, Retains Usufruct for Life

A common scenario: a parent wishes to benefit a child with an inheritance but wishes to remain in the house for life. The parent can:

• Transfer ownership of the property to the child by gift, sale, or deed.
• Retain usufruct for the parent’s lifetime.
• Register the usufruct on the title deed.

Result: the child owns the property, but the parent has the right to live in it and use it rent-free until death. After the parent dies, the child becomes the sole owner of an unencumbered property.

This strategy is supported by Decision 1516/2525 (1982). A mother gave land to her daughter and registered a usufruct over it for her own life, and the Supreme Court held that a gift made on those terms carries an encumbrance rather than being a gift out of pure affection, so it cannot be revoked for ingratitude. Read it as a warning as much as a reassurance: the retained usufruct secures the parent’s position, and it is also what makes the gift itself irreversible.

Providing for Spouse Without Full Inheritance

A person with children from a previous relationship might wish to provide housing for a current spouse without giving up full ownership. Usufruct allows this:

• Transfer ownership of the property to the adult children.
• Grant usufruct to the spouse for life.

The spouse has the right to occupy and use the property for life. The children own the property and will inherit it, free of the usufruct, after the spouse dies. This avoids disputes and clearly delineates temporary versus permanent rights.

Creating Sequential Usufructs by Will

A testator can create usufruct in the will that benefits multiple people in sequence. Typically this would be for one person’s lifetime, with ownership to another:

• “I grant usufruct of my house to my wife for her lifetime.”
• “I grant ownership of my house to my son.”

Result: the wife occupies the house for life. When she dies, the usufruct ends, and the son (or his heirs) own the property free and clear. This is cleaner and more certain than a life estate in common law systems.

True sequential usufructs are less common and more complicated. The second usufruct would begin only after the first usufructuary’s death. Courts generally disfavor uncertain or remote interests. This should be done carefully with professional advice.

Time-Limited Benefits

Usufruct can be time-limited in multiple ways:

• Fixed duration: “Usufruct for 20 years from today.”
• Contingent on age: “Usufruct until the beneficiary reaches age 40.”
• Contingent on event: “Usufruct until the eldest child finishes university.”
• For life: “Usufruct for the life of the beneficiary.”

All of these are valid under Thai law. At the end of the period, the usufruct terminates. Whether by expiration of years, reaching an age, completion of an event, or death. The owner regains full control.

Key Supreme Court Decisions

Decision 7199/2552 (2009): Testamentary Usufruct Confirmed. A will gave the defendant habitation and usufruct of a house and land for life, with ownership to pass on her death to the children of another named person. The life beneficiary applied to register ownership in her own name. The Court held that the will gave her a limited right and not ownership, that she therefore possessed on behalf of those children and could not plead prescription against them, and that she could not register the transfer. Decided under sections 1673, 1674 paragraph two, 1620 and 1755. Lesson: a testamentary usufruct is valid, limited and non-inheritable.

Decision 2297/2541 (1998): Lease Survives Usufructuary’s Death. A usufructuary granted a 30-year registered lease to two tenants. When the usufructuary died, the usufruct ended but the lease did not, and the owner who had granted the usufruct was bound by it and could not evict. Lesson: a lease granted by a usufructuary protects the tenant after the usufructuary dies.

Decision 6278/2537 (1994): Both Parties Die. The owner and the usufructuary both died while a lease granted by the usufructuary was running. The owner’s children inherited the land, the buildings and their father’s rights and duties, including those under that lease, so they could sue the tenant when fire damaged the shophouses. The tenant was held liable under Sections 552 and 562. Lesson: a lease granted by a usufructuary passes with the land, and the heirs can enforce it as well as being bound by it.

Decision 1516/2525 (1982): Gift with Retained Usufruct. A mother gave land to her daughter and registered a usufruct over it for her own life, the daughter sharing thirty thang of paddy a year with her. When the mother later sought to revoke the gift for ingratitude, the Court held that a gift made on those terms carries an encumbrance and is not a gift out of pure affection, so it cannot be revoked on that ground. Lesson: the retained usufruct secures an income for the giver, and it is also what makes the gift itself irreversible.

Decision 305/2489 (1946): Estate Administrator Cannot Override the Usufructuary. A father’s will gave his son the right of habitation and a usufruct over shophouses, and the administrator of the estate handed those rights over. The administrator then let one of the shophouses to a tenant for a further five years. The Court held that once the rights had been delivered, the power to let belonged to the son, who as usufructuary has the power to manage the property under Section 1417 and the right to live there under Section 1402; the administrator had no power to make that lease, and the son could evict the tenant whether or not the tenant had acted in good faith. Lesson: usufruct rights are enforceable even while the owner’s estate is in administration.

Practical Tips

For Property Owners

• Understand finality: Once you grant usufruct, you have ceded exclusive use to the usufructuary. You cannot easily take it back or modify it unilaterally.
• Control lease authority: If you grant usufruct, consider restricting the usufructuary’s right to grant leases or subleases. A long-term lease can outlive the usufruct and bind your heirs.
• Plan for reversion: When the usufruct ends (on the usufructuary’s death or expiration of the term), the property reverts to you or your heirs. Ensure this transition is smooth. Know who will manage the property.
• Register the right: Usufruct must be registered to be enforceable against third parties. If you grant usufruct, register it. If you are granting it to someone on your property, ensure it is registered to prevent disputes later.

For Usufructuaries

• It is temporary: Accept that your usufruct will end. Plan for this. Do not assume the property will remain under your control after your death.
• Be cautious with leases: Any lease you grant will outlive you. It will remain enforceable against the owner’s heirs. If you grant a tenant a lease, ensure the owner consents. Ensure the terms are reasonable. A tenant dispute after your death will become a problem for the owner.
• Clarify authority: Confirm with the owner in writing what you are and are not permitted to do with the property. Can you make permanent improvements. Can you grant leases. Can you cut trees. Oral agreements often lead to disputes.
• Maintain the property: While you have usufruct, you have an obligation to maintain the property in good condition. Keep records of maintenance and repairs. This demonstrates good faith and protects you if disputes arise.

For Heirs

• Assert ownership promptly: When the usufruct ends (upon the usufructuary’s death or expiration of the term), the property reverts to you or to the owner’s heirs. Take possession promptly. Register your ownership. Secure the property against squatters or adverse possession claims.
• Respect existing leases: If a lease was granted by the previous usufructuary and is still in force, you are now bound by it. Honor it. Collect rent if applicable. Do not attempt to evict the tenant solely on the ground that the usufruct has ended. Decision 2297/2541 protects the tenant.
• Communicate with occupants: If the property was occupied under usufruct, clarify with any tenants or occupants what happens next. If a lease exists, provide written confirmation. If no lease exists, give reasonable notice of any changes or vacations.

Frequently Asked Questions

Legal Disclaimer

This article is provided for educational and informational purposes only and does not constitute legal advice. While we have made efforts to ensure the accuracy of the information, Thai law is complex and subject to interpretation. The cases and statutes cited are accurate as of the publication date, but laws and court decisions may change.

This article does not create a solicitor-client relationship. For advice specific to your situation, consult a licensed Thai lawyer. Every case is unique. An attorney familiar with your facts and circumstances is necessary for proper legal guidance.

ThaiLawOnline and its authors are not responsible for any loss, injury, or damage arising from the use of this information.

Related Articles in the Usufruct Series

• Pillar Article: Usufruct Agreement in Thailand, Overview and foundational concepts.
• How to Cancel or Terminate Usufruct in Thailand, Ending a usufruct arrangement.
• Usufruct and Property Taxes in Thailand, Tax implications for usufructuaries and owners.
• Usufruct vs. Lease vs. Superficies in Thailand, Detailed comparison of property rights.

About ThaiLawOnline.com

ThaiLawOnline is a resource on Thai property law, with a focus on real estate rights, registration, and succession. Our authors are lawyers and legal experts with decades of combined experience in Thai civil law. We provide clear, accurate, and practical guidance on topics ranging from usufruct and leases to property transfers, inheritance, and business law.

Our mission is to help foreign investors, expatriates, and Thai nationals understand their legal rights and obligations in Thailand. Whether you are buying property, managing a tenant, planning your estate, or resolving a dispute, ThaiLawOnline provides the foundation you need.

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