Seperated from Wife: exclude from Will?

[HermanNeutix]

Time to make a Will. Separated from Wife for 4 years, and no clue of her whereabouts. Never been in touch with me or the children in this time.

 

Thai inheritance laws state that

 

" The surviving spouse is a statutory heir, subject to the special provisions of Section 1635 Civil and Commercial Code. "

 

Hence " if there is an heir according to Section 1629 (1) surviving or having representatives as the case may be, such surviving spouse is entitled to the same share as an heir in the degree of children; "

 

Indeed there are heirs.

 

Does Statutory Inheritance  deem it not possible to add to the Will a section specifically excluding the  estranged Wife from the Will?

[tifino]

 

Do what I did... head back to home falangland...

 

I am assuming all your 'real wealth' is back in your homeland?

Create a new Will, dully signed and witnessed in front of your own falangland legal beagle team

 - After all, you wouldsurely have had the marriage recognised  through your Embassy?

 

and then...

 

In falangland:

do all the chronological paper work  i.e. the Separation stuff;

 - using the date that she scarpered

 - you can honestly sstate that you have no idea her address, nor any means of contacting thru others by proxy

 - then, do the big wait for the Divorce Hearing in front of the Judge to come up

 

I had actually wasted 5 years of my lonely (later backdated to 'separated' life) before I heard the same suggestions, that I am forwarding now...

 

Within 6 months, it was then all done and dusted, and that was 18 years ago

 

I don't even need to care that the ex doesn't even know that she's divorced

 

Besides, with her still wafting along in her obliviousness;

 - at least all other men on Earth are safe from her  'eager to get marriage to another falang victim' clutches

 

 

If you want to dip the wick again; just do it in front of the Monk only next time...

[OmarZaid]

Agreed .... do as advised and divorce her ... abandonment is clear ground

[CMBob]

Answering the question the OP posed:  Yes, you can disinherit a statutory heir by a valid Will (see Section 1608).  What you are reading and quoting is essentially the intestate succession laws.  Without a Will, the statutory heirs (including the spouse) get the share of your estate the law specifies; however, given you can disinherit a statutory heir by a valid Thai Will, your spouse won't share in your estate if you properly make the Will (I do believe Thai law requires you to specifically mention in your Will that it is your intent to leave no part of your estate to your Wife).  Use a competent Thai lawyer to make your Will.

 

Now, as to what happens to your estate back in your home country, it obviously depends if you have anything there and what those laws are.  In the US, that's controlled by state laws and most of those laws say that a surviving spouse can elect to take a part (normally half+) of your estate even if you've made a Will saying your spouse gets nothing.  Thai law, however, will apply to your assets here in Thailand.

[stbkk]

Very sensible suggestions above, especially the ones about doing it all properly in your own country, where at least you will have the benefit of speaking the same language as the lawyer.

I changed my UK will to specifically exclude my ex-wife saying the family property I had paid for in Thailand was my 'provision' for her. The UK lawyer said that was fine, and would stand up in UK courts in the (unlikely) event she challenged it. 

I have very few assets in Thailand other than a little cash in the bank, so I was mainly interested in ring-fencing the assets (pension/investments) for the kids college etc.

It is also held in trust until they are 25, with my brother and lawyer as trustees.

 

Of course it mainly depends on where your main assets are. If in Thailand you might want to consider some movement if possible?

[scorecard]

 

As explained, the written statutory law applies when you don't make a will.

 

You can, in a properly prepared and signed will indicate whatever you want, meaning that the statutory law is pushed aside. 

 

Therefore in your case, in very case, it's critical that you do make a will, with professional legal advice to ensure your instructions cannot be misunderstood, to ensure your instructions don't infringe on other areas of law, and to ensure the wording is not ambiguous.

 

Also to ensure that what's mentioned in one area of your will doesn't clash with what you have said in another section of your will.

 

Also it's important that your will complies with the rights and responsibilities of the beneficiaries and the person(s) you nominate (with their consent) to execute / carry out your wishes on your departure (the executors).

 

Children under legal age can be beneficiaries, again best to discuss this thoroughly with a legal expert to ensure your not setting up a scenario which you think protects your children but in reality causes lots of complications in terms of complexities because the children cannot sign documents to dispose or transfer property etc. etc., until they reach the age of maturity.  

 

A detailed discussion with a good lawyer should show you how to protect the children in the best possible way, perhaps in ways that you were not aware of.

 

You may also consider mentioning (in your will) the law company who helped prepare your will as the law company you wish to guide the executors and also indicate that the law company take care of gaining a court order (if needed), example usually a court order would be needed to transfer ownership of shares and bank accounts.  Another example could be where a company controlled by you owns land, and you want the ownership of that land to be transferred to your children. This part can be tricky and you would probably need the advice of a lawyer well versed in Thai law in regard to what you can indicate in your will without complications.  

 

Further, do some research to find a knowledgeable and trusted lawyer, but if you have any suspicions about what they say, best to immediately withdraw from using their services.

 

Twenty five years ago I used a well respected Thai lawyer to make my will (unfortunately he's since passed away), his personal rules were that his staff had to listen to all the discussions with the client but they could not discuss with the client without his presence.

 

Also when it appeared all the discussions had been completed he gave the client a copy in English and in Thai language. He insisted that the client take the Thai version (Thai version only) to a professional translator and to ask the translator to read the Thai version and explain it verbally and in writing in full English. The lawyer insisted the client find the translator.

 

At that time my will was just a little complex, his all up fee was 10,000Baht. 

 

It's well worth the time to get your will right. Good luck.

 

 

[HermanNeutix]

Thank you to all people who have replied.

 

A lot to digest and think through.

 

Assets  have already been simplified.

 

Monies in a UK Bank, monies in a Thai Bank and Gold Bullion in London Vaults.

 

No properties, cars etc.

 

One point... cannot return to Farangland, as need Wife's permission to take kids abroad.

 

Don't want to go back to dread Blighty in any case.

 

Just did not realize the simple point about the statutory intestate succesion laws!!

 

Now, the search for a competent Lawyer.........?

 

Any recommendations welcome.

 

 

[Suradit69]

On March 28, 2561 BE at 6:33 PM, HermanNeutix said:

 

Hence " if there is an heir according to Section 1629 (1) surviving or having representatives as the case may be, such surviving spouse is entitled to the same share as an heir in the degree of children; "

That applies if you have no will. If you write a will, your property is disbursed based solely on your will.

[FritsSikkink]

11 hours ago, HermanNeutix said:

Thank you to all people who have replied.

 

A lot to digest and think through.

 

Assets  have already been simplified.

 

Monies in a UK Bank, monies in a Thai Bank and Gold Bullion in London Vaults.

 

No properties, cars etc.

 

One point... cannot return to Farangland, as need Wife's permission to take kids abroad.

 

Don't want to go back to dread Blighty in any case.

 

Just did not realize the simple point about the statutory intestate succesion laws!!

 

Now, the search for a competent Lawyer.........?

 

Any recommendations welcome.

 

 

Divorce your wife and get full custody of the kids.