BAKABAS Posted August 16, 2022 Share Posted August 16, 2022 Dear Members, My father in law passed away a month ans now the fangs are coming out by his sisters, my wifes untys ( the lealous and vindictive ones ) My wife ans i helped him purchase his land a build his home. My wife has been finacially providing for him for many years . One of his sisters snuck nim off to do a will which no one knew about. The jealous dragon one. This has onlt come to light a week after his passing. We were hoping to pass the place down to his son, my wifes brother, who is also a farmer and is on the house book. I wish to engage a solictor in Nakorn Ratchasima to fight this in justice. They have dollar signs in thier eyes. Frankly one days income for me here in Austalia is equivalent to the entire value. Its not about that, its about putting these bitches in thier place and making sure the home and land go to my brother in law who fits the bill to take it on. He drove out to see him monthy, to check on him and taking our cash to help hm out. Does anyone have any expereince in leagl matters similar to this ? Can anyone steer us to a solicitor around Pakchong area ? The immdeiate family would be very grateful for any thoughts. Admin : please move to approrite forum Thanks all, 1 Link to comment Share on other sites More sharing options...
Popular Post richard_smith237 Posted August 16, 2022 Popular Post Share Posted August 16, 2022 Do one days work in Aus... get the Brother a new place and continue your life without the hassle and need to prove anyone wrong... just get on and enjoy your life without the stress... If it were a lot of money it would be different, but its just one day for you so it can’t be that much unless you are earning 10’s of thousands per day... 16 2 Link to comment Share on other sites More sharing options...
dj230 Posted August 16, 2022 Share Posted August 16, 2022 (edited) 51 minutes ago, richard_smith237 said: Do one days work in Aus... get the Brother a new place and continue your life without the hassle and need to prove anyone wrong... just get on and enjoy your life without the stress... If it were a lot of money it would be different, but its just one day for you so it can’t be that much unless you are earning 10’s of thousands per day... agreed, one days work is nothing to argue about sad to see family fighting after a death, maybe just focus on mourning for the one who passed away and let things fall where they may, especially considering you can make it back in a day. Edited August 16, 2022 by dj230 2 Link to comment Share on other sites More sharing options...
Puccini Posted August 16, 2022 Share Posted August 16, 2022 "The immediate family" may have a chance to get this testament declared invalid if they can prove to the court's satisfaction that the testator was not sound of mind when he signed the will. The biggest obstacle will probably be to get the lawyer who drew up the will to testify he was aware of that when he drew up the will and that the medical doctor who attended to him and close friends will also testify likewise Link to comment Share on other sites More sharing options...
Popular Post blackcab Posted August 16, 2022 Popular Post Share Posted August 16, 2022 You can't sensibly contest a valid will, no matter how much you dislike the heirs. Having said that you might meet unscrupulous people who will tell you that you can, and they will get everything sorted, no problem at all, please pay a healthy deposit in advance thank you very much. And you will keep paying until you decide to cut your losses. That's not what you want to hear, but it's what you need to hear. Don't let anger cloud your better judgement. 9 3 Link to comment Share on other sites More sharing options...
Popular Post kwonitoy Posted August 16, 2022 Popular Post Share Posted August 16, 2022 (edited) Like the others say, forget it and move on. If the sisters are that nasty leave them to fight with each other. Get your revenge by setting up the good BIL on a model farm Having been involved in the Thai court system, you can be completely correct and legal and a quick court case might take 3 years of showing up. If there are disputes then a legal case can drag on for many years I "won" my court case to reclaim a Toyota Vigo pickup truck and Kubota tractor that was confiscated when my ex-wife was arrested and convicted. Truck and tractor were in her name, proceeds of crime say the police and bye-bye truck and tractor. Hired a lawyer and spent 5 years going back and forth to court, Because I was in the "right". Each time I "won" my case but where's the truck? where's the tractor? In a impound yard in Khon Kaen. I needed one final paper signed by her to release it because she was the legal owner. She refused and the truck and tractor are still sitting in the police lot since 2013. It would have cheaper to buy a new truck, which I finally did. Edited August 16, 2022 by kwonitoy 3 1 Link to comment Share on other sites More sharing options...
KIngsofisaan Posted August 16, 2022 Share Posted August 16, 2022 1 hour ago, blackcab said: You can't sensibly contest a valid will, no matter how much you dislike the heirs. Having said that you might meet unscrupulous people who will tell you that you can, and they will get everything sorted, no problem at all, please pay a healthy deposit in advance thank you very much. And you will keep paying until you decide to cut your losses. That's not what you want to hear, but it's what you need to hear. Don't let anger cloud your better judgement. Your advice is not even remotely close to true. Wills are contested and overturned all the time. With solid evidence and argumentation, an individual can successfully contest a will in Thailand and can obtain the rights he requested or considered appropriate in his case. For a suitable approach in your case, it is recommended to solicit legal assistance How Do I Contest a Will in Thailand? (attorneysinthailand.com) Link to comment Share on other sites More sharing options...
Popular Post blackcab Posted August 16, 2022 Popular Post Share Posted August 16, 2022 @KIngsofisaan You will note that in my post I said "valid wills". I sincerely doubt you will find that valid wills are contested and overturned all the time. Wills where the testator was under duress or of unsound mind I agree may be declared invalid, but that would take evidence that I doubt will be available to the OP. 3 Link to comment Share on other sites More sharing options...
KIngsofisaan Posted August 16, 2022 Share Posted August 16, 2022 1 hour ago, blackcab said: @KIngsofisaan You will note that in my post I said "valid wills". I sincerely doubt you will find that valid wills are contested and overturned all the time. Wills where the testator was under duress or of unsound mind I agree may be declared invalid, but that would take evidence that I doubt will be available to the OP. Legal cases are not based on your doubts That is what lawyers are for The op doesn't need a keyboard lawyer 1 2 Link to comment Share on other sites More sharing options...
1FinickyOne Posted August 17, 2022 Share Posted August 17, 2022 8 hours ago, BAKABAS said: Frankly one days income for me here in Austalia is equivalent to the entire value. If this is true, then why don't you smooth things over and give them all a days pay... if they have so little that they need to fight over such a trivial amount, why not have some compassion... surely it is not worth fighting over crumbs w/very very poor people... 1 1 Link to comment Share on other sites More sharing options...
Popular Post OneMoreFarang Posted August 17, 2022 Popular Post Share Posted August 17, 2022 8 hours ago, BAKABAS said: One of his sisters snuck nim off to do a will which no one knew about. So there is a will and you don't like the will and you think it's not fair. And this is why it should be changed to the way you think it would be fair. Is that an accurate summary? I understand that you think it's not fair. But better get used to the fact that sometimes life is not fair. 3 Link to comment Share on other sites More sharing options...
sanuk711 Posted August 17, 2022 Share Posted August 17, 2022 6 hours ago, kwonitoy said: Having been involved in the Thai court system, you can be completely correct and legal and a quick court case might take 3 years of showing up. If there are disputes then a legal case can drag on for many years Yer mine took just over 3 years---it might have been a little quicker if we had not had Covid19. BAKABAS I can provide you with a BKK Lawyer name that I used if you PM me --but I do tend to lean towards what other posters are saying----- just move on with your (& wife's) life if it is that nominal amount (a days wage) Link to comment Share on other sites More sharing options...
Bday Prang Posted August 17, 2022 Share Posted August 17, 2022 (edited) 3 hours ago, KIngsofisaan said: Legal cases are not based on your doubts That is what lawyers are for The op doesn't need a keyboard lawyer The last thing he needs is a lawyer of any description, He as already said there is little at stake in real terms, lawyers' charges will soon eat into that Edited August 17, 2022 by Bday Prang 1 Link to comment Share on other sites More sharing options...
Bday Prang Posted August 17, 2022 Share Posted August 17, 2022 contesting a will based on "soundness of mind" is virtually impossible in practice, A no win scenario for you and a win -win scenario for the lawyers. It will take so long that the effects of inflation alone will decimate any inheritance. and have you considered the effects of a long drawn out family feud , bearing in mind that there is more than money at stake here, there is also a good portion of "face" Link to comment Share on other sites More sharing options...
Iamfalang Posted August 17, 2022 Share Posted August 17, 2022 Let's say two parents, both in sound mind, sign a will. Then one dies, the other gets Alzheimer's. Then the family splits up. Can a person with power of attorney go back and change a will and take everything? I can only imagine the abuse. Link to comment Share on other sites More sharing options...
CMBob Posted August 17, 2022 Share Posted August 17, 2022 (edited) The OP says: "Frankly one days income for me here in Austalia is equivalent to the entire value." Given that, there is no reason whatsoever to get involved or do anything as the probate costs will exceed that figure (unless you make more than a couple thousand dollars in a day). As to the OP saying he wants "so and so" to get this or that, it's not up to him. The deceased had a Will and, as long as it's valid, the Will will dictate who gets what. And the suggestion by another poster that Wills are often held by courts to be invalid due to duress or mental incapacity is baloney (yes, it does happen on rare occasion when there is reasonable evidence to support such a claim); however, even if the Will was held to be invalid, the assets will go to the persons designated by Thai intestacy laws and not to any others. Edited August 17, 2022 by CMBob 2 Link to comment Share on other sites More sharing options...
kingstonkid Posted August 17, 2022 Share Posted August 17, 2022 Question does the fact that the son name is in the house book give him any standing. I agree though buy the property from the family give it to the brother with provisions that he can not sell without wife's agreement and keep it in the family. 2 Link to comment Share on other sites More sharing options...
Lacessit Posted August 17, 2022 Share Posted August 17, 2022 IMO the only people who gain anything from such disputes are lawyers. I remember one lawyer telling me money brings out the worst in people. Better to walk away, and put the angst aside. Life's too short. 1 Link to comment Share on other sites More sharing options...
Iamfalang Posted August 17, 2022 Share Posted August 17, 2022 Just now, Lacessit said: Better to walk away, and put the angst aside. Life's too short. This one is tricky. some drama means there's still a connection with people you might care about. and sometimes drama is better than boredom. then the stubborn people won't budge. Life is too short. 90% of the time walking away is correct. I do understand if it involves family, ex-wife, something like that......it's hard to let them "win" and both losing might be the better option, mentally. horrible situation. 1 Link to comment Share on other sites More sharing options...
arithai12 Posted August 17, 2022 Share Posted August 17, 2022 OP, save two days of your salary, buy the BIL another much bigger house and land, the bi**es will eat their liver knowing how much richer and happier you are then they will ever be, and you will have peace of mind. PS: curious to know which job in AUS pays you per day more than the price of a house and farming land in Isaan. 2 Link to comment Share on other sites More sharing options...
arithai12 Posted August 17, 2022 Share Posted August 17, 2022 9 hours ago, kwonitoy said: Like the others say, forget it and move on. If the sisters are that nasty leave them to fight with each other. Get your revenge by setting up the good BIL on a model farm Having been involved in the Thai court system, you can be completely correct and legal and a quick court case might take 3 years of showing up. If there are disputes then a legal case can drag on for many years I "won" my court case to reclaim a Toyota Vigo pickup truck and Kubota tractor that was confiscated when my ex-wife was arrested and convicted. Truck and tractor were in her name, proceeds of crime say the police and bye-bye truck and tractor. Hired a lawyer and spent 5 years going back and forth to court, Because I was in the "right". Each time I "won" my case but where's the truck? where's the tractor? In a impound yard in Khon Kaen. I needed one final paper signed by her to release it because she was the legal owner. She refused and the truck and tractor are still sitting in the police lot since 2013. It would have cheaper to buy a new truck, which I finally did. Couldn't you have checked with her first whether she had any intention to release them to you before starting 5 years of court fights? Anyway, a good lesson about true love, thanks. Link to comment Share on other sites More sharing options...
greenmonkey Posted August 17, 2022 Share Posted August 17, 2022 it must be tough for the OP to see this guy's children being swindled out of their inheritance. I can understand why it would make him so upset. Whatever you decide to do OP i wish you good luck! 1 1 Link to comment Share on other sites More sharing options...
chilly07 Posted August 17, 2022 Share Posted August 17, 2022 (edited) Best of luck with this. You must have plenty of evidence of supporting your FIL and the natural justice of passing this onto his son who provided support and care. Unfortunately this behavior is common in Thai families and those that care are often trampled on by those that envy. Again best of luck. The least you can achieve is to show the rest of the family up for their bad behaviour and await karma. They were expecting you to react to their land grab hence smuggling your FIL of to make a will. He probably thought he was spreading the benefit around not favouring anyone? Arithai12s response would really wind the family up and give you the last laugh but you have invested time and money into land you wanted to go to his Son. Edited August 17, 2022 by chilly07 Link to comment Share on other sites More sharing options...
Liverpool Lou Posted August 17, 2022 Share Posted August 17, 2022 10 hours ago, KIngsofisaan said: Legal cases are not based on your doubts That is what lawyers are for The op doesn't need a keyboard lawyer "The op doesn't need a keyboard lawyer". Even though he seems to have got one calling himself Kingsofisaan! 1 Link to comment Share on other sites More sharing options...
Liverpool Lou Posted August 17, 2022 Share Posted August 17, 2022 6 hours ago, Iamfalang said: Let's say two parents, both in sound mind, sign a will. Then one dies, the other gets Alzheimer's. Then the family splits up. Can a person with power of attorney go back and change a will and take everything? No, a POA appointee cannot alter the donor's will. POAs end on the death of the donor so after his death there will be no POA. Link to comment Share on other sites More sharing options...
Liverpool Lou Posted August 17, 2022 Share Posted August 17, 2022 (edited) 5 hours ago, kingstonkid said: does the fact that the son name is in the house book give him any standing. No, not in terms of any privileged inheritance. The valid will determines who gets what. Edited August 17, 2022 by Liverpool Lou Link to comment Share on other sites More sharing options...
Liverpool Lou Posted August 17, 2022 Share Posted August 17, 2022 3 hours ago, greenmonkey said: it must be tough for the OP to see this guy's children being swindled out of their inheritance. If he left a valid will, what's the "swindle"? Link to comment Share on other sites More sharing options...
xtrnuno41 Posted August 17, 2022 Share Posted August 17, 2022 First thing is, is the will legal, is it not a fake? Which lawyer made up the will? Find that lawyer to check. A will is a will, if it is registert. But what are Thai rules/law? Your wife and her brother are the first in line to inherit, as nothing is mentioned about a mother. You need to find out, what are the Thai rules/law about that. Some links to sites: https://www.whodoyou.com/biz/244553/isaan-lawyers-th https://www.facebook.com/Pakchonglawyer/ Link to comment Share on other sites More sharing options...
Sparktrader Posted August 17, 2022 Share Posted August 17, 2022 16 hours ago, BAKABAS said: Frankly one days income for me here in Austalia is equivalent to the entire value So its 10,000 baht? Link to comment Share on other sites More sharing options...
saakura Posted August 17, 2022 Share Posted August 17, 2022 If your single day earning in Australia is sufficient to purchase the land and the house built on it, that would be the better thing to do rather than get into a lengthy litigation. Link to comment Share on other sites More sharing options...
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