Thai Wife Dies

[chico]

You are married to a thai wife, you (she) buys land, sometimes she dies.

Parents are dead also.

Who gets the land, house etc?

Brothers and sisters? or has the widower the right to sell the land, or give it to whom he wants?

[TizMe]

or give it to whom he wants?

"he" never owned it, so "he" will have nothing to do with giving it....

Sam Fauma, International Law Office “Thai law states that, if there is no will, a deceased person’s property is divided among the surviving immediate family, according to certain percentages. Apart from the children, the deceased’s brothers and sisters, mother, father and spouse also have rights to the estate.

Thus, so long as the children can prove their lineage, they will receive their statutory percentage.

Much better is for your wife to write a last will and testament. The specific provisions of a will override the statutory rules governing the distribution of an inheritance.

One thing should be borne in mind: foreigners may not own land in Thailand, so a foreign spouse may not inherit land.

The will should therefore state that the land must be sold so that the spouse may receive the proceeds from the sale.”

Edited January 13, 2005 by TizMe

[Morgan]

Think im right in saying your wife can leave you the house / land in her will. If your wife dies then you have to inform the relevant authority? Who will then give you time (a year or so ) to dispose of any land ect, that normally you would not be allowed to own.

[Morgan]

Sorry should look things up before posting,

QUESTION I"m a thai woman married to a british man. If i should die how can i ensure under Thai law my properties would be inherited by my husband.

ANSWER You should make a will in which you name your husband as the executor of your will and list how you would like your assests to be inherited. You can provide that your husband can sell or rent the properties and recieve the revenue.

With few exceptions foreigners generally cannot own land. Hense your husband probably will not be able to do either.

However, by naming your husband as the executor of your will, in the event that you should die, your husband can apply to a court to be the appointed executor of your will and this will be registered on the back of the land title deeds

That will give him the right to lease, sell or do any thing else with the land as long as he complies with the instructions in your will.

From Issues and Answers Phuket Gazette.

[chico]

Thanks Morgan - I truly hope my wife will outlive me, and statistics show just exactly that, it just came to my mind, and I wondered if someone has any experience or knowledge of it.

Thanks again!

[mouse]

Let me take this question a little further. If something should happen to my wife, is there a way that she can leave everything to our 3 minor children by means of a Thai will? With me of course remaining in Thailand as Papa and provider rather than a spouse. Then when the children reach the age of maturiaty or 21 the can do what the children want with the house and property. I seem to have heard somewhere through this forum that could be possible. Did a search but nix. Anyone know? I will be heading to the lawyers office early next week, in any case.

[astral]

If you have lost your spouse, please accept my condolences.

This is a very difficult area, and is why I would always recommend that a farang,

buy property through a company. That way he controls the land.

He can make a will leaving it to his wife/children, but during his lifetime

he retains control.

[Wanderer]

You are married to a thai wife, you (she) buys land, sometimes she dies.

Parents are dead also.

Who gets the land, house etc?

Brothers and sisters? or has the widower the right to sell the land, or give it to whom he wants?

<{POST_SNAPBACK}>

i recently went to a lawyer with regard to this. this is what he told me. if your thai wife /gf dies and she has made a will she can leave the house /property to you a farang BUT you then have to set up a limited co. within a certain period or the land office can reclaim it. you can also set up a company now and pay around 15000 in taxes every year and she can leave the property to the company. Anyway bottom line is is go to a lawyer and get her and you to make a will and ask what exactly happens when something does happen. If anyone thinks this info is wrong pls post it as my lawyer smiles too much for my liking.

regarding recent addition my wife has left our family house to her daughter (my stepdaughter) but has stated that she can't sell the property till she is 35 (ii told her if i was left a house at 21 i would proballly have sold it and drank the lot)

[Simbo]

You are married to a thai wife, you (she) buys land, sometimes she dies.

Parents are dead also.

Who gets the land, house etc?

Brothers and sisters? or has the widower the right to sell the land, or give it to whom he wants?

<{POST_SNAPBACK}>

i recently went to a lawyer with regard to this. this is what he told me. if your thai wife /gf dies and she has made a will she can leave the house /property to you a farang BUT you then have to set up a limited co. within a certain period or the land office can reclaim it. you can also set up a company now and pay around 15000 in taxes every year and she can leave the property to the company. Anyway bottom line is is go to a lawyer and get her and you to make a will and ask what exactly happens when something does happen. If anyone thinks this info is wrong pls post it as my lawyer smiles too much for my liking.

regarding recent addition my wife has left our family house to her daughter (my stepdaughter) but has stated that she can't sell the property till she is 35 (ii told her if i was left a house at 21 i would proballly have sold it and drank the lot)

<{POST_SNAPBACK}>

FARANGS NEVER CEACE TO AMAZE ME.

[Wanderer]

You are married to a thai wife, you (she) buys land, sometimes she dies.

Parents are dead also.

Who gets the land, house etc?

Brothers and sisters? or has the widower the right to sell the land, or give it to whom he wants?

<{POST_SNAPBACK}>

i recently went to a lawyer with regard to this. this is what he told me. if your thai wife /gf dies and she has made a will she can leave the house /property to you a farang BUT you then have to set up a limited co. within a certain period or the land office can reclaim it. you can also set up a company now and pay around 15000 in taxes every year and she can leave the property to the company. Anyway bottom line is is go to a lawyer and get her and you to make a will and ask what exactly happens when something does happen. If anyone thinks this info is wrong pls post it as my lawyer smiles too much for my liking.

regarding recent addition my wife has left our family house to her daughter (my stepdaughter) but has stated that she can't sell the property till she is 35 (ii told her if i was left a house at 21 i would proballly have sold it and drank the lot)

<{POST_SNAPBACK}>

FARANGS NEVER CEACE TO AMAZE ME.

<{POST_SNAPBACK}>

Life is certainly amazing but unfortunatly everyone has to die at some stage and many people don't realise the importance of making a will especially if you own property/s and have a spouse / children, it is certainly in their interest to have everthing in black and white if you suddenly kick the bucket or vise virsa. A few years ago a friend of mine was in the process of buying a house form a thai guy who unfortunatly died during the transaction, the deal went trough but months later his sister arrived on the doorstep, she was directed back to the lawyer but as far as I could gather the lawyer pocketed the lot .

[Nam Kao]

If she dies her family will swoop in like starving vultures on a fresh carcass......

[andyadam]

ANSWER  You should make a will in which you name your husband as the executor of your will and list how you would like your assests to be inherited. You can provide that your husband can sell or rent the properties and recieve the revenue.

That will give him the right to lease, sell or do any thing else with the land as long as he complies with the instructions in your will.

From  Issues and Answers Phuket Gazette.

<{POST_SNAPBACK}>

I didn't think an executor could benefit from a will??!!

[dr_Pat_Pong]

Let me take this question a little further.  If something should happen to my wife, is there a way that she can leave everything to our 3 minor children by means of a Thai will? With me of course remaining in Thailand as Papa and provider rather than a spouse.  Then when the children reach the age of maturiaty or 21 the can do what the children want with the house and property.  I seem to have heard somewhere through this forum that could be possible.  Did a search but nix.  Anyone know?  I will be heading to the lawyers office early next week, in any case.

<{POST_SNAPBACK}>

A lease from Minnie should solve your problem Mickey

[cdnvic]

If the thai spouse is alive they can sign a long term lease with the farung spouse which should be binding on the beneficiaries of the will. Make sure its a very cheap lease, as the 'vultures' will be entitled to those payments when they inherit the house that they can't sell... or you can sell them your lease if you like.

cv

[dr_Pat_Pong]

If the thai spouse is alive they can sign a long term lease with the farung spouse which should be binding on the beneficiaries of the will. Make sure its a very cheap lease, as the 'vultures' will be entitled to those payments when they inherit the house that they can't sell...  or you can sell them your lease if you like.

cv

<{POST_SNAPBACK}>

Great minds think alike Vic.

[chico]

If the thai spouse is alive they can sign a long term lease with the farung spouse which should be binding on the beneficiaries of the will. Make sure its a very cheap lease, as the 'vultures' will be entitled to those payments when they inherit the house that they can't sell...  or you can sell them your lease if you like.

cv

<{POST_SNAPBACK}>

Great minds think alike Vic.

<{POST_SNAPBACK}>

I was under the impression that a lease is ponly possible if you really own the land = "chanod", but not on "sopogo" or no paper?

[Phil Clark]

ANSWER  You should make a will in which you name your husband as the executor of your will and list how you would like your assests to be inherited. You can provide that your husband can sell or rent the properties and recieve the revenue.

That will give him the right to lease, sell or do any thing else with the land as long as he complies with the instructions in your will.

From   Issues and Answers Phuket Gazette.

<{POST_SNAPBACK}>

I didn't think an executor could benefit from a will??!!

<{POST_SNAPBACK}>

Yes, an executor ('Administrator' according to my Thai lawyer) can be a beneficiary.

[Crazy Dave]

a dutch friend of mine who has been here about 30 years had his thai wife die a few years ago, he had a nice big house, a factory and a reasonable business, within 6 months of her dieing he was living in a rented shophouse doing odds and ends jobs due to the family taking over his business cos he didnt have a work permit and taking over his house, another 6 months and the thai family had closed the business which had run for 20 years becos they didnt know how to run it successfully, 30 years here and now he has nothing...

protect urself and ur wifes assetts