Should my wife die before me...

[Bangkok Barry]

Seeking the wisdom of members on cautionary measures to take in case my wife dies before me. Everything is in her name - specifically the house that we own and the paid-for pick-up. Should she make a will passing ownership to me, or would that happen automatically as next of kin? I'm aware that the house would need to be sold within a year, and I'm sure her trusted family could deal with the intricacies of that and give me the funds. Close members are a local politician's aid and someone who works in the local admin office. And yes, they are trusted, and it wouldn't surprise me if someone in the family bought the house from me, which would ease things.

[Will B Good]

Get a will drawn up, tomorrow.

 

 

[KannikaP]

I am in a similar situation to you, but think the house, car & assets will automatically go to her two grown up children, who have promised that I can live in 'their' house and drive 'their' car until I die.

[Will B Good]

3 minutes ago, KannikaP said:

I am in a similar situation to you, but think the house, car & assets will automatically go to her two grown up children, who have promised that I can live in 'their' house and drive 'their' car until I die.

Each to his own, but that is not a situation with which I would feel comfortable.

[Antonymous]

Absolutely, definitely, without question...have her make a Will.

 

A Will supersedes the family inheritance laws, which means that if she wants to state that you are the sole beneficiary of the house, etc., then the other family members cannot contest that. However much you trust other members of her family now, be aware that property and money can change everything. Making a Will is essential.

 

Make sure that an Executor (a trusted and competent person) is named in the Will. She can name a second Executor in case the first one is not available at the time of her death. The Will must have two witnesses and these people cannot be named as beneficiaries in the Will (so you can't be a witness).

 

It is a good idea to take a video of the Will signing by the two witnesses. Keep a copy of the video on a  USB together with copies of the Will. The executor must keep a copy of the Will.

 

It is NOT necessary or legally required that a lawyer keeps a copy or is an Executor. It is NOT necessary or legally required that the Will is kept at the OrBorTor.

[KannikaP]

47 minutes ago, Will B Good said:

Each to his own, but that is not a situation with which I would feel comfortable.

Point taken. I shall draw up a Will for her to sign, stating that I can live in the house until I kick the bucket. Then the kids can do what they want with it.

Saying that, they do not have the income to run or maintain the property without me anyway.

[Will B Good]

Just now, KannikaP said:

Point taken. I shall draw up a Will for her to sign, stating that I can live in the house until I kick the bucket. Then the kids can do what they want with it.

Saying that, they do not have the income to run or maintain the property without me anyway.

I would certainly look to draw something up water-tight. Relationships can become easily strained.

[KannikaP]

3 minutes ago, Will B Good said:

I would certainly look to draw something up water-tight. Relationships can become easily strained.

Yes I know. The reaction to my asking her to sign a Will will be, 'Oh so you don't trust my family then'! Which I do.

Maybe I shall word it to her that it is to prevent any of her other family from trying to get their hands on the house.

Edited August 27, 2021 by KannikaP

[Will B Good]

1 minute ago, KannikaP said:

Yes I know. The reaction to my asking her to sign a Will will be, 'Oh so you don't trust my family then'! Which I do.

Tricky one isn't it?

 

Much the same as asking for a prenuptial, which I refused to signed.....555

[ThaIrish Sean]

How about suggestion mutual wills?

Get a lawyer to draw up your will and her will and sign them on the same day.

[Bangkok Barry]

On 8/27/2021 at 10:27 AM, KannikaP said:

I am in a similar situation to you, but think the house, car & assets will automatically go to her two grown up children, who have promised that I can live in 'their' house and drive 'their' car until I die.

We don't have kids so that won't apply.

[Bangkok Barry]

As an aside, I was not notified of any replies to my thread except the first one and I was about to post in another and more-read section. So apologies for any late responses I have made. AseanNow appears to be selective about if it notifies you or not. Not something I've been aware of before - but then I wouldn't be, would I, unless I revisited the post as I did with this one.

[Swiss1960]

On 8/27/2021 at 11:29 AM, KannikaP said:

Yes I know. The reaction to my asking her to sign a Will will be, 'Oh so you don't trust my family then'! Which I do.

Maybe I shall word it to her that it is to prevent any of her other family from trying to get their hands on the house.

Tell your wife that it is all about saving court costs in case something happens. On top of that, you should make a will also and make sure, your wife gets access to everything you want her to have (in my case that is everything I have). 

Best to draw the will in Thai and English at the same time, with Thai as first language, that is what the courts will anyway want to see, if they have to agree to the will before execution. 

[KannikaP]

30 minutes ago, Swiss1960 said:

Tell your wife that it is all about saving court costs in case something happens. On top of that, you should make a will also and make sure, your wife gets access to everything you want her to have (in my case that is everything I have). 

Best to draw the will in Thai and English at the same time, with Thai as first language, that is what the courts will anyway want to see, if they have to agree to the will before execution. 

Thanks for this advice, which I have already implemented. Wrote my will out in English (in Word) and translated into Thai with the app. She is happy with it.

[Brew]

Source: Quelle: https://www.expatden.com/thailand/last-will-and-testament/

Edited August 30, 2021 by Brew

[hanuman2543]

https://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html

 

 

[Will B Good]

Should my wife die before me...

 

I would have said yes, but others might have a different opinion.

[bobandyson]

If you're on a marriage visa or extention and your wife dies, I think you'd be expected to leave Thailand asap similar to that if you get divorced while on a visa based on marriage. 

 

Something to bear in mind.

 

[HeijoshinCool]

.

 

Read the title and thought this was a suicide-murder question....

 

Ah, well, five seconds of excitement is about all I get at a time nowadays.

[Los Luver]

On 8/27/2021 at 4:27 AM, KannikaP said:

I am in a similar situation to you, but think the house, car & assets will automatically go to her two grown up children, who have promised that I can live in 'their' house and drive 'their' car until I die.

What if they change their minds ?? I'd make a plan B, if I were you....

Edited September 4, 2021 by Los Luver

[KannikaP]

3 hours ago, Los Luver said:

What if they change their minds ?? I'd make a plan B, if I were you....

Good point. I shall get the Mrs to do a will stating my 'entitlement'. Cheers.

[KhaoYai]

On 8/30/2021 at 2:33 AM, KannikaP said:

Thanks for this advice, which I have already implemented. Wrote my will out in English (in Word) and translated into Thai with the app. She is happy with it.

Be aware that Thai law is not the same as the laws in many Western countries -  the provisions of a will can be over-ruled if they don't correspond with Thai law.  See a lawyer and get a will drawn up that will not fall foul of the law.

[pagallim]

6 hours ago, bobandyson said:

If you're on a marriage visa or extention and your wife dies, I think you'd be expected to leave Thailand asap similar to that if you get divorced while on a visa based on marriage. 

 

Something to bear in mind.

 

Wrong.   In the circumstance of death of a spouse, the visa/extension remains valid until its expiry date.

[KhaoYai]

On 8/27/2021 at 5:20 AM, KannikaP said:

Saying that, they do not have the income to run or maintain the property without me anyway.

Why would they need to? They could just sell it.

[lopburi3]

My understanding is as outlined in post by Brew - 50% to spouse and other 50% divided among children if there are any or other relations as outlined.  No will required.   

 

If on marriage extension believe immigration allows stay until current permitted to stay date.  Then would have to change reason for further stay.

[KannikaP]

22 hours ago, KhaoYai said:

Why would they need to? They could just sell it.

Not where my place is, in between two of my wife's sisters and two brothers!

[JimGant]

On 9/5/2021 at 8:37 AM, KhaoYai said:

Why would they need to? They could just sell it.

That's why you need to get a 30-year lease, or a usefruct (assuming you want to remain living there). This encumbers the chanote so that any potential buyer would not be too excited about buying a piece of property with a non rent paying farang firmly ensconced on such property.

 

But, for sure get a Will, even a simple handwritten one. This will confirm to any probate court that you have the right to own the land -- or if Thai law does not permit, you have the right to designate who takes title to such land. Other property, like cars, would come under the cover of the Will, for you to take title.

 

For sure, a Will and a lease (or usufruct -- get a lawyer to figure this out) is certainly in order.

[Hummin]

My gf say Her family will let me stay, but can not bring a new gf there.
 

Im sure a old auntie or someone in the family will take care of me,just to keep me in family. What you all think?
 

 

[Denim]

12 minutes ago, Hummin said:

What you all think?

Always remember to turn the lights out and think of Salma Halek

[Hummin]

3 minutes ago, Denim said:

Always remember to turn the lights out and think of Salma Halek

I always do ! 
 

How did you know about Selma?

Edited February 7, 2022 by Hummin