Thai widows claim over Australian assets?

[BaanOz]

Long story short, an elderly gentleman married a Thai lady a few years ago in Thailand under Thai law.
It wasn't registered with the Australian embassy.

He has passed away and has children in Australia, he owns a business plus property worth multiple millions in Australia.

He had a will (providing for his children) in Australia prior to marriage but I think it's void once married. He had no will in Thailand.

I understand the Thai widow has possession of the assets he bought in Thailand (multiple homes/car etc) but she is going for his assets in Australia too.

I didn't know the gentleman, was only told and asked if I know anything about a situation like this (as I'm married to Thai) but have no idea!

Is it possible the Thai widow has claim over his Australian assets? I'm guessing yes and his children will have years in Australian court sorting it out.

[KhunLA]

No, they have a will, she doesn't.

[Joe Farang]

It's down to the laws in Australia, not Thailand.

If Australia recognises the marriage then she will have a legitamite claim as a wife. This may trump the will in part or in its entirety.

[Gottfrid]

Gold Rush!!!!! I have a claim!

[ezzra]

The dream of most Thai women married to foreigners to hit the jackpot once the hubby kicks the bucket and many got wildly rich out it and i have witnessed it for a fact.

[Olmate]

2 minutes ago, ezzra said:

The dream of most Thai women married to foreigners to hit the jackpot once the hubby kicks the bucket and many got wildly rich out it and i have witnessed it for a fact.

Thats odd! Never heard of a western woman doing such a thing.

[LS24]

2 hours ago, KhunLA said:

No, they have a will, she doesn't.

Actually they don't have a will if the Thai marriage is recognised by Australian law. Wills become void when marriage takes place with a minor exception. See here. . https://mdlaw.com.au/news-insights/effect-marriage-will/

 

Even if the Thai wedding is not officially recognised by Australian authorities, there will probably be grounds for a defacto relationship if the Thai national was living full time with the deceased. Then this may come into play. https://www.primelawyers.com.au/wills-estates/defending-or-contesting-a-will/contesting-a-will-as-de-facto/#:~:text=To successfully contest the will,rules of intestacy) was inadequate.

 

 

 

[bobbin]

Interesting.. I have a Thai lady friend in a similar situation. There is a will in Australia and she and her son are beneficiaries to 70% of total

Australian assets. The remaining 30% going to his equally aged sister. There are murmurings that she is considering challenging the will. Not likely to succeed as the will is valid and he was of sound mind when it was written 7 months ago.

 

The Thai marriage is official and on-going i.e. no divorce registered.

[KhunLA]

45 minutes ago, LS24 said:

Actually they don't have a will if the Thai marriage is recognised by Australian law. Wills become void when marriage takes place with a minor exception. See here. . https://mdlaw.com.au/news-insights/effect-marriage-will/

 

Even if the Thai wedding is not officially recognised by Australian authorities, there will probably be grounds for a defacto relationship if the Thai national was living full time with the deceased. Then this may come into play. https://www.primelawyers.com.au/wills-estates/defending-or-contesting-a-will/contesting-a-will-as-de-facto/#:~:text=To successfully contest the will,rules of intestacy) was inadequate.

That sucks ... so much for the deceased wishes to be carried out, if that's the case.

[BaanOz]

1 hour ago, LS24 said:

Actually they don't have a will if the Thai marriage is recognised by Australian law. Wills become void when marriage takes place with a minor exception. See here. . https://mdlaw.com.au/news-insights/effect-marriage-will/

 

Even if the Thai wedding is not officially recognised by Australian authorities, there will probably be grounds for a defacto relationship if the Thai national was living full time with the deceased. Then this may come into play. https://www.primelawyers.com.au/wills-estates/defending-or-contesting-a-will/contesting-a-will-as-de-facto/#:~:text=To successfully contest the will,rules of intestacy) was inadequate.

 

 

 

Thanks, that's what I understood regarding previous wills being void when married. Interesting if Australia recognises them as defacto, she has already scored a few properties and accessories in Thailand.

Probably sorted out in court between his children in Australia and Thai wife with a big legal bill!

[LS24]

30 minutes ago, KhunLA said:

That sucks ... so much for the deceased wishes to be carried out, if that's the case.

If the deceased was concerned, they would have updated the will, surely, to reflect his most recent wishes. A person wwho has accumulated money and assets throughout their life in business should know better.

[robblok]

43 minutes ago, KhunLA said:

That sucks ... so much for the deceased wishes to be carried out, if that's the case.

Who says he did not want his wife to have this. If you get married it can (i know in my country it will) have repercussions.  If you dont want that then dont mary or get a better will made after marriage.

[BaanOz]

24 minutes ago, LS24 said:

If the deceased was concerned, they would have updated the will, surely, to reflect his most recent wishes. A person wwho has accumulated money and assets throughout their life in business should know better.

Yes crazy and his children are employed in his Australian business and live in property he owns there. I'd say his kids would be somewhat concerned.

[Kwasaki]

If she goes Oz embassy maybe get answers there.

Does she know his kids will they arrange an allowance for her.

My wife knows all my kids so when i peg it they will help and still come and see her. 

[Bluetongue]

if there is no mutually acceptable agreement, then the executor named in the will can attempt to (I'm not sure of the correct term) register probate, a process which has to be advertised I believe. At that point the Thai wife has to make her claim and if it proceeded to court she would probably get everything I think. Much better to come to an amicable solution without involving the lawyers, sounds like there is probably going to be enough to go around. Depends I guess on the state of the relationship she has with the Aussie kids. I have a will leaving it all to the wife, but I am gradually defunding the Aussie assets, as I think she will be better off that way. No kids to complicate the

issue

[bbi1]

6 hours ago, ezzra said:

The dream of most Thai women married to foreigners to hit the jackpot once the hubby kicks the bucket and many got wildly rich out it and i have witnessed it for a fact.

That's why lots of young Thai chicks marry old farts. It's not for their handsome good looks, that's for sure!!

 

I wouldn't say "the dream of most Thai women", but the dream of the hoes who's been selling their bodies in the past to make moolah.

[Liverpool Lou]

7 hours ago, KhunLA said:

No, they have a will, she doesn't.

In Australia wills are voided on marriage.  Seems that none of them have.

[Liverpool Lou]

6 hours ago, ezzra said:

The dream of most Thai women married to foreigners to hit the jackpot once the hubby kicks the bucket and many got wildly rich out it

That's the dream of most women, whatever they're nationality.

[Liverpool Lou]

3 hours ago, BaanOz said:

she has already scored a few properties and accessories in Thailand.

Probably hers right from the start.

[Liverpool Lou]

3 hours ago, robblok said:

4 hours ago, KhunLA said:

That sucks ... so much for the deceased wishes to be carried out, if that's the case.

Who says he did not want his wife to have this.

Quite right, he may have been aware of the will situation when he married her and it was his intention.

[Liverpool Lou]

2 hours ago, Kwasaki said:

Does she know his kids will they arrange an allowance for her.

The question may be whether she will arrange allowances for them.

[Liverpool Lou]

1 hour ago, Bluetongue said:

if there is no mutually acceptable agreement, then the executor named in the will can attempt to (I'm not sure of the correct term) register probate

If the will is void, there is no will, he has died intestate.

[Taboo2]

My God, why are Men still getting married?  Serious question?  Rent, never buy!

 

You can get all the benefits of a "marriage" without getting married, providing you have balls, are firm with your policy and are brave enough to tell her to get lost. 

 

Men, all that is required is confidence!  Yes, no matter how old you are, be firm and confident and you will find a woman who will understand.

 

Marriage is a scam.  It was improved and updated by the Church and State to steal property!  Remember, marriage laws are enforced by lawyers and Judges (former lawyers) who are in it for MONEY!

 

I would rather live alone and die alone than ever get married.

 

I am teaching my son the same thing and pray to God he did what I did...raise him an his sister with my partner, but was firm that I would never marry.

 

Everyone is happy!

[BritManToo]

1 hour ago, Taboo2 said:

You can get all the benefits of a "marriage" without getting married, providing you have balls, are firm with your policy and are brave enough to tell her to get lost. 

What if you need a VISA?

[BritManToo]

3 hours ago, Liverpool Lou said:

If the will is void, there is no will, he has died intestate.

Agreed, no will, no executor ..... marriage invalidated it.

[AlexRRR]

On 2/12/2023 at 1:23 PM, Bluetongue said:

if there is no mutually acceptable agreement, then the executor named in the will can attempt to (I'm not sure of the correct term) register probate, a process which has to be advertised I believe. At that point the Thai wife has to make her claim and if it proceeded to court she would probably get everything I think. Much better to come to an amicable solution without involving the lawyers, sounds like there is probably going to be enough to go around. Depends I guess on the state of the relationship she has with the Aussie kids. I have a will leaving it all to the wife, but I am gradually defunding the Aussie assets, as I think she will be better off that way. No kids to complicate the

issue

Wife would have to make herself known and hire a solicitor, costs likely to run in to 100,000's of $ which could come out of the estate if she wins...thats assuming the kids fight it which they would.

 

Law in AU if wife is seen as a legitimate beneficiary would likely obtain equal cut of estate, lot of press in AU over the years  when one child cut from a will only to fight it and end up getting a cut. So no she isnt going to get the lot also no guarantee that costs would come out of the estate, if hes worth a lot kids could drag it out for ever, solicitor is likely to ask her for fees up front which is likely to put her off once she realizes the costs of doing business in AU.

 

If i found myself in a position i was dealing with my fathers greedy widow id fight and drag it out, shes going to in-cure a lot of costs before there is a resolution hopefully that will do the trick.

 

 

[In Full Agreement]

On 2/12/2023 at 2:05 PM, bbi1 said:

hat's why lots of young Thai chicks marry old farts. It's not for their handsome good looks, that's for sure!!

 

I wouldn't say "the dream of most Thai women", but the dream of the hoes who's been selling their bodies in the past to make moolah.

 

Thanks for the heads up.      

 

 

[radiochaser]

On 2/11/2023 at 7:43 PM, ezzra said:

The dream of most Thai women married to foreigners to hit the jackpot once the hubby kicks the bucket and many got wildly rich out it and i have witnessed it for a fact.

That might have been true a few years ago, but now my Thai wife has a bigger income than I do.   

Don't think I don't have much money either.  I qualify for that 10 year visa with income alone!

[Mark Nothing]

The typical story I hear is the thai widow claims all the Thai assets and the overseas children claim the assets there.

 

But one story was unique.  A Thai widow married for 35 years to an English judge hired my Thai lawyer to travel to London and claim the £10 million estate located in uk.  It worked.  Her claim trumped the 2 adult children.  She blew the whole 600 milliin baht in 6 months.

[Bluetongue]

On 4/4/2023 at 4:20 PM, AlexRRR said:

Wife would have to make herself known and hire a solicitor, costs likely to run in to 100,000's of $ which could come out of the estate if she wins...thats assuming the kids fight it which they would.

 

Law in AU if wife is seen as a legitimate beneficiary would likely obtain equal cut of estate, lot of press in AU over the years  when one child cut from a will only to fight it and end up getting a cut. So no she isnt going to get the lot also no guarantee that costs would come out of the estate, if hes worth a lot kids could drag it out for ever, solicitor is likely to ask her for fees up front which is likely to put her off once she realizes the costs of doing business in AU.

 

If i found myself in a position i was dealing with my fathers greedy widow id fight and drag it out, shes going to in-cure a lot of costs before there is a resolution hopefully that will do the trick.

 

 

What solicitors aren't going to ask for anything up front from the kids either. The approach of open combat and the narrative that the wife is greedy may not be the case, it all depends like I said on what has occurred over the years and how they get on, whether the children have lived their life on the assumption they are going to inherit Dad's millions. Anyway as I said much better to leave the lawyers out of it if you can, yes worth taking a big cut. Unrelated I had a big third party claim, the lawyers cut stunned me. I would avoid them like the plague.