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Legal Help to Dispute a will left by my Father in Law


BAKABAS
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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,  

 

 

 

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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 by dj230
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"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

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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)

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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

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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... 

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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)

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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 by Bday Prang
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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" 

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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.    

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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 by CMBob
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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.

 

 

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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.

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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.  

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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.

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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.

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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!

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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 by chilly07
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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!

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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.

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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 by Liverpool Lou
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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"?

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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/

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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.

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