Charitable Trusts of Cemeteries and Places of Worship in Thailand: A Historical Anomaly

Abstract

This article examines Thailand’s historic charitable trusts for the purpose of establishing and maintaining cemeteries and places of worship. Whilst existing literature explores the reception of English trusts law in British colonial territories in Southeast Asia over the course of nineteenth century, little is discussed in relation to Thailand, historically known as Siam, during the same period. Based on the author’s archival research, this article explores the route and development of these trusts and argues that, due to the Thai Supreme Court’s recognition of their charitable purpose, these trusts are not subject to a rule against perpetuities. Therefore, they will continue to present an anomalous exception to Thailand’s civil law legal framework and offer a fascinating example of the deep, tenacious roots put down by a rejected legal concept from Thailand’s brush with nineteenth century colonial powers.