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If your Thai wife dies, how do you protect yourself from her family...


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Posted

For the house, I'm thinking of doing the 30 year lease thing. Ufustruct, I think. Plus a good will of course.

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Posted
1 minute ago, scorecard said:

 Correct the Thai wife can bequeath land and house to foreign husband but the foreign husband must sell (or give to another Thai person, maybe kids) within a certain time period (I think it's one year).

 

But the start point is that the Thai wife has made a valid will giving the land and house to the foreign husband. 

Is this rule not overruled by a Ufustruct?

Posted
22 minutes ago, Spidey said:

For the house, I'm thinking of doing the 30 year lease thing. Ufustruct, I think. Plus a good will of course.

I dont think the Ufustruct is accepted no more, correct me if im wrong

Posted
2 hours ago, Mulambana said:

When my GF was diagnosed with bone marrow cancer, she told me that her family was waiting like vultures to take her house and car. I don't stay with her so I don't have any problem with that but I wanted my minor daughter to inherit her property (house, furniture, appliances, air con, gold and car) and we did a will at the amphoe indicating that only my minor daughter will inherit her mom's property (house, furniture, appliances, air-con, gold and car) after her death. Her family will inherit only her TV. She responded to medications and doing very well now.

Ongoing medications ? that in its self can clean out massive funds.

Posted
1 hour ago, Pilotman said:

Thinking about being with one of my home country woman is the most depressing image I could ever create. Give me Thai ladies every day. 

Good to see the gild isn't off your Thai lily yet. Take your time.

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Posted
28 minutes ago, ChipButty said:

I dont think the Ufustruct is accepted no more, correct me if im wrong

 

Post some valid info to back up your statements otherwise it's just confusing for readers.. I've not heard anything about this development but you must have some official links to make a claim like that ,??

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Posted
57 minutes ago, Benroon said:

Just about every Thai urban myth/racist slur/stereotypical falsehoods were probably born on Thai Visa Forum !

No, not born here. Simply recycled.

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Posted

A good question. I suspect that having a child together would make securing all assets much easier. The best advice has already been given, get a professional lawyer to draw up a Will that will have force in Thailand. Pay a little more to get the best legal advice. It will give you peace of mind and/or at least give you a heads up on what to expect.

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Posted
32 minutes ago, ChipButty said:

I dont think the Ufustruct is accepted no more, correct me if im wrong

If the usufruct is registered on the chanotte then it is valid - why would you think it is not? You may have issues getting one in some places now especially Pattaya apparently.

40 minutes ago, Spidey said:

Is this rule not overruled by a Ufustruct?

An usufruct allows you to live in the property/land but doesn't mean you own it so somoene still has to be regitered as the owner - usufruct carries on unless you cancel it. See @cornishcarlos

post #33 earlier.

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Posted
38 minutes ago, cornishcarlos said:

 

Actually the older sister is still single and worth a squirt ????????

LOL. A comment that for me, conjures up some politically incorrect images.

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Posted
8 minutes ago, cornishcarlos said:

 

Post some valid info to back up your statements otherwise it's just confusing for readers.. I've not heard anything about this development but you must have some official links to make a claim like that ,??

When I bought my house last year, my lawyer told me the same. Said that it ended 12 months previously. I suspected that it was BS because he was pushing hard to get me to go down the company route (more Wonga for him).

 

Posted about it on TV and every poster that replied, disputed his claim. Would really like a definitive answer.

 

If someone knows a lawyer, in Pattaya, who can still secure one for me, I'd really appreciate a PM

 

 

 

 

Posted
4 minutes ago, topt said:

If the usufruct is registered on the chanotte then it is valid - why would you think it is not? You may have issues getting one in some places now especially Pattaya apparently.

...

Udon Thani appears to be similarly challenged saying 'cannot' and citing the law incorrectly. One either has to keep badgering them or get a lawyer onside.

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Posted

My house is in the name of my girlfriend. We have included in her will that after her death the house must be sold with one year and 80% of the proceeds go to me and 20% to her only son. If as is likely I go first then she will change the will to what she wants at that time.

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Posted

You don't need a lawyer to execute a Usufruct. It can be done at the land office with the Chanote paper, if the land office are prepared to do it. Like everything, it can vary from office to office.. 

Posted
5 minutes ago, Spidey said:

When I bought my house last year, my lawyer told me the same. Said that it ended 12 months previously. I suspected that it was BS because he was pushing hard to get me to go down the company route (more Wonga for him).

 

Posted about it on TV and every poster that replied, disputed his claim. Would really like a definitive answer.

 

If someone knows a lawyer, in Pattaya, who can still secure one for me, I'd really appreciate a PM

 

I honestly hope you have great good luck on that but since it's the government that's basically saying 'cannot', I would hope a decent lawyer will say that it's simply a case of how much money it takes to get them to have any epiphany, admit that they're wrong and interpret the law correctly. A lump sum, one-off payment (plus the lawyers xx%) that doesn't necessarily need to be in a brown envelope? The lesser lawyer will simply milk you on a retainer while doing bugger all since nobody tells anyone in government that they've got it all wrong.

 

If I am not mistaken, this spreading reticence about usufructs is inversely proportional to the approach of the (steadily delayed) elections. Therefore the same decent lawyer may suggest one just wait until that event is over and see what shakes out.

 

 

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Posted
15 minutes ago, Spidey said:

If someone knows a lawyer, in Pattaya, who can still secure one for me, I'd really appreciate a PM

I have one but it was put in place some years ago and it was not "straightforward".

 

I was told when talking to a Pattaya law firm last year about some other things that the land registry office in Pattaya were refusing to do them any more due to a lot of issues with Thai/foreigner relationships that then unravelled.

 

I can only suggest trying some of the bigger law firms in Pattaya and seeing if any of them can help - Eg. magna Carta (but also very expensive).

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Posted
6 minutes ago, NanLaew said:

but since it's the government that's basically saying 'cannot',

From what I was told (and no reason to doubt but have no proof) it is not the government per se but the local land office and perhaps Pattaya local municipality - see post above.

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