Liability of Thai wife after death of foreign husband

[moogradod]

Will a Thai wife “inherit” liabilities after death of her foreign husband, for example in case of

•       Condo lease (rental contract) if only husband has signed the contract
•       Accident if husband hurts or kills someone (claims made by affected party)
•       Subscriptions or any other commitments concluded by husband

            etc.

Western law would most probably only be applicable to preexisting financial debt (which would be inherited I suppose) but to none of the above.

But I am not sure in Thailand, for it may be “customary” to go after anybody surviving to claim money, especially the Thai wife. Lawful or not lawful.

Edited November 19, 2019 by moogradod

[CharlieH]

MOVED to correct forum.

[emptypockets]

21 hours ago, moogradod said:

• Accident if husband hurts or kills someone (claims made by affected party)
•      

Say what??

[moogradod]

6 hours ago, emptypockets said:

Say what??

May I politely ask you to articulate in a way that even a non native speaker can understand what you mean ? Or was this short remark not meant to be helpful and supporting answers to my question ?

[Melodies]

!0 years ago when I was contemplating retiring to Thailand - (I was and still am married to a Thai lady and at the time I was 72 years of age) - I did a survey of costs for various operations if I should need them in five International Hospitals in Phuket via their account sections - I quickly discovered I would soon go bankrupt if I needed any serious operation,especially if the operation did not go exactly to plan and I needed a long period in intensive care. One of the account section clerics I interviewed said I was correct to seriously consider the problems that could arise if I had no health insurance and she went on to say - did I know how many dead foreigners they had to collect last year from their accommodations in Phuket - I said well I suppose it was 3 or 4 to which she replied no it was over 100 people last year and added further that the hospital had no idea of the trauma they went through alone before they died.

 

I went on to ask what would happen if I went into hospital and couldn't pay the final bill she said they would patch me up and send me home and then go on to pursue me and my Thai family for the full unpaid costs even to the extent that they would take the family home which is held in the name of my Thai wife as she being married to me was jointly liable for the cost incurred for my hospitalisation.

 

I decided I could take the risk of bringing my Thai family to financial ruin because of any health problems which as I aged had a high probability of occurring and so we decided not to retire to Thailand and instead we retired to Cyprus in the Mediterranean, where we currently live, where reciprocal health cover with the UK government pays for any costs that we incur in the Cyprus system. Yes, I miss Thailand but hey! we had the good times in Phuket when we were younger when the Tha Bhat hit 92 to the UK pound and interest rates on a government bonds were 20% - great times!   

[justin case]

15 hours ago, Melodies said:

pursue me and my Thai family for the full unpaid costs even to the extent that they would take the family home which is held in the name of my Thai wife as she being married to me was jointly liable for the cost incurred for my hospitalisation.

200 baht divorce at amphur to avoid this

[blackcab]

The wife will not be personally liable in any of the above circumstances. The estate of the deceased would be liable however.

 

In terms of a condo lease, the probable outcome would be the contact would be terminated and any deposit may or may not be repaid depending on the circumstances.

 

In terms of injury to a person then a claim for damages could be made from the estate or the deceased's insurers if such a policy exists.

 

Subscriptions would cease being a contractual obligation at the time the deceased passed away.

[moogradod]

On 11/21/2019 at 11:53 AM, blackcab said:

In terms of injury to a person then a claim for damages could be made from the estate or the deceased's insurers if such a policy exists.

And if there is no insurance policy ? At the time of occurence there is no debt or claim from the deceased present. So it cannot be inherited - but this is only what I think.

 

Do you mean that someone injured may take regress to the "estate" - meaning that the wife would have to pay from everything inherited  - thus made responsible in person, which you excluded in your post #7 ? This is a bit confusing to me.

[blackcab]

I think you need to understand what "estate" means.

 

When you die, your affairs in Thailand will be taken care of by an administrator. The administrator will collect together all your assets and use them to pay your debts and liabilities.

 

Whatever assets are left should then be disbursed to the beneficiaries of your estate.

 

During the administration period anyone can make a valid claim on your estate. If an injured party wants compensation then they sue your estate. Until the court case is concluded then any money from your estate probably won't be disbursed.

 

This is the same procedure in many countries of the world, not just Thailand.

[moogradod]

Thank you blackcab - this clarifies the issue. Maybe it might be advisable to reduce the risk by making this "estate" as small as possible.

[soi3eddie]

On 11/22/2019 at 2:24 PM, moogradod said:

Thank you blackcab - this clarifies the issue. Maybe it might be advisable to reduce the risk by making this "estate" as small as possible.

Having a Thai wife or GF will certainly ensure that the "estate" is minimised... Not that I have any experience of course ????