Thai Inheritance Law

[PeterSek]

Hi

In an unlikelly event of death of my Thai wife (married to Foreigner)

Lets assume she has two kids one from current marriage and one from prior relationship with Thai men(unmaried)

What is the 'default' inheritance Law in Thailand with respect to assets she owns in full by herself and co-owns both in Thailand and overseas

How does the law work if in fact there are wills

Can a will made overseas by Wife be presented and enforced in Thailand?

Can any of the wills (made in Thailand or Overseas) be challenged by anyone in Thailand

Thanks

[Sumitr Man]

Hi

In an unlikelly event of death of my Thai wife (married to Foreigner)

Lets assume she has two kids one from current marriage and one from prior relationship with Thai men(unmaried)

What is the 'default' inheritance Law in Thailand with respect to assets she owns in full by herself and co-owns both in Thailand and overseas

Section 1599 Civil and Commercial Code - When a person dies, his estate devloves on the heirs

Section 1603 An estate devolves on the heirs by statutory right or by will

Section 1629There are only 6 classes of statutiry heir; and subject to the provisions of par.2 S. 1630, each class shall inherit in the following [descending] order: (i) descendents; (ii) parents; (iii) brother and sisters of full blood; (iv)brothers and sisters of half blood; (v) grandparents; (vi) aunts and uncles.

How does the law work if in fact there are wills

- Wills trump: See Title II Book VI: Succession CCC

Can a will made overseas by Wife be presented and enforced in Thailand?

Section 1667In the event of a Thai subject making his will in a foreign territory, such will may be made either according to the form prescribed by the law of the country where it is made or according to the form prescribed by Thai law [but if under Thai law it needs to be made at the Thai embassy - subjections (1) and (2) of S. 1667]

Can any of the wills (made in Thailand or Overseas) be challenged by anyone in Thailand

yes; S. 1708, 1709, and 1710 - basically duress, mistake or fraud.  Also by virtue of S. 150, if anything in the will is contrary to Thai law the will be declared null and void by the Courts.

Thanks

hope it helps

<{POST_SNAPBACK}>

Edited September 9, 2005 by Sumitr Man

[corkscrew]

Hi

In an unlikelly event of death of my Thai wife (married to Foreigner)

Lets assume she has two kids one from current marriage and one from prior relationship with Thai men(unmaried)

What is the 'default' inheritance Law in Thailand with respect to assets she owns in full by herself and co-owns both in Thailand and overseas

Section 1599 Civil and Commercial Code - When a person dies, his estate devloves on the heirs

Section 1603 An estate devolves on the heirs by statutory right or by will

Section 1629There are only 6 classes of statutiry heir; and subject to the provisions of par.2 S. 1630, each class shall inherit in the following [descending] order: (i) descendents; (ii) parents; (iii) brother and sisters of full blood; (iv)brothers and sisters of half blood; (v) grandparents; (vi) aunts and uncles.

How does the law work if in fact there are wills

- Wills trump: See Title II Book VI: Succession CCC

Can a will made overseas by Wife be presented and enforced in Thailand?

Section 1667In the event of a Thai subject making his will in a foreign territory, such will may be made either according to the form prescribed by the law of the country where it is made or according to the form prescribed by Thai law [but if under Thai law it needs to be made at the Thai embassy - subjections (1) and (2) of S. 1667]

Can any of the wills (made in Thailand or Overseas) be challenged by anyone in Thailand

yes; S. 1708, 1709, and 1710 - basically duress, mistake or fraud.  Also by virtue of S. 150, if anything in the will is contrary to Thai law the will be declared null and void by the Courts.

Thanks

hope it helps

<{POST_SNAPBACK}>

<{POST_SNAPBACK}>

Under 1629 the surving spouse does not take an intestate share?

[PeterSek]

Thank you all for reply, good point Corkscrew, which raises follow on questions

How about child Custody

In the event of Thai mother passing away, does Farang father have automatic custody of their daughter. Daugher has dual citizenship Thai, Australia.

Currenlty father does not have any long term visa in Thailand.

E.G. Father would like to reside with daighter in thailand while she is attending edication. In above circumstances can father apply for long term visa/residency in thailand?

And/Or can father take daughter abroad to Australia (Daugher has dual citizenship Thai, Australia) Can other familly memebers object?

[Sumitr Man]

Under 1629 the surving spouse does not take an intestate share?

<{POST_SNAPBACK}>

No. If the deceased was married, and there is a surviving spouse, Section 1625 comes into play.

Section 1625

If the deceased was married, the liquidation of the property and the distribution of the estate between the deceased and the surviving spouse shall be as follows:

(1) as regards the share in the property of husband and wife, the provisions of this Code concerning divorce by mutual consent as supplemented by S. 1637 and 1638, and especially S. 1513 - 1517 of this Code, shall apply; however, such liquidation shall take effect as from the date of the dissolution of marriage by death;

(2) as regards the share in the estate of the deceased, the provision of this Book other than S. 1637 and 1638 shall apply.

[/i]

As I understand, and please have this confirmed by a reputible lawyer, you'd be looking at the division of property acquired before and after marriage. You may also need to consider any pre-nup.

However, again, as I understand it, all of this can be avoided by simply writing a will.

SM

[Sumitr Man]

Thank you all for reply, good point Corkscrew, which raises follow on questions

How about child Custody

In the event of Thai mother passing away, does Farang father have automatic custody of their daughter. Daugher has dual citizenship Thai, Australia.

Currenlty father does not have any long term visa in Thailand.

E.G. Father would like to reside with daighter in thailand while she is attending edication. In above circumstances can father apply for long term visa/residency in thailand?

And/Or can father take daughter abroad to Australia (Daugher has dual citizenship Thai, Australia) Can other familly memebers object?

<{POST_SNAPBACK}>

Peter:

The questions/issues you raise here are very technical in nature and it might be time that you seek the opinion of a good family lawyer.

As far as I'm aware, a maternal Grandmother/father may be able to object you taking herhis granddaughter/son out of Thailand - but it would largely depend on the relationship s/he has with the child, her/his daughter (prior to death), the wishes of the mother, and the courts in Thailand (which, as I'm led to believe, have erred on the side of protecting the "Thainess" of children in Thai-farang relationships).

Although there are provisions in the Civil and Commercvial Code that deal with the scenario you make mention to, the issue (when a farang is involved) becomes far more complicated than a simple reading of the law and goes far more to the practical experience.

Sorry I could not be of more help.

SM

Edited September 12, 2005 by Sumitr Man

[A. BOOZER]

Can anyone throw some light on a subject that was brought up last night, between several 'Brits', all with Thai wives.

If the Thai wife, who owns some land (less than one rai, with a house on it), should predecease her husband, can the husband legally inherit and keep that land. The point raised was that the husband could inherit the land, but had to dispose of it within twelve calendar months of the death of the wife. Is that actually true? One opinion was that, with the land being less than one rai, the husband could keep that land in perpetuity. Does anyone have knowledge on this matter?

[katabeachbum]

Can anyone throw some light on a subject that was brought up last night, between several 'Brits', all with Thai wives.

If the Thai wife, who owns some land (less than one rai, with a house on it), should predecease her husband, can the husband legally inherit and keep that land. The point raised was that the husband could inherit the land, but had to dispose of it within twelve calendar months of the death of the wife. Is that actually true? One opinion was that, with the land being less than one rai, the husband could keep that land in perpetuity. Does anyone have knowledge on this matter?

No the farang can not keep the land. Thats why you need a lease.

[chiangmaibruce]

If the Thai wife, who owns some land (less than one rai, with a house on it), should predecease her husband, can the husband legally inherit and keep that land. The point raised was that the husband could inherit the land, but had to dispose of it within twelve calendar months of the death of the wife. Is that actually true? One opinion was that, with the land being less than one rai, the husband could keep that land in perpetuity. Does anyone have knowledge on this matter?

You can apply for Ministerial permission to retain the land but I am not aware of any instances of said permission having been granted. One of the TV mods (in another thread on this issue) said that he had heard on one such instance but he could not remember any specifics. If anyone reading this can provide examples (of either Ministerial approvals or rejections) I would be interested to hear about them.

[samILO]

Even though the foreigner can not be registered owner to a land (except with ministerial approval as exception to the land code) such foreigner could be the registered executor and administrator to land (registered on the land title deed) and has the power to sell, rent out or do anything with such property as court appointed executor of a last will.

URL removed per forum rules, put it in your profile.

[ivowatson]

Hi

In an unlikelly event of death of my Thai wife (married to Foreigner)

Lets assume she has two kids one from current marriage and one from prior relationship with Thai men(unmaried)

What is the 'default' inheritance Law in Thailand with respect to assets she owns in full by herself and co-owns both in Thailand and overseas

My interpretation of the inheritence law is: 3 children, 1 husband.

The estate of the deceased will be divided under these 4 'rank 1' statutory heirs.

So you get 25%. And will be the administrator for your 2 kids.

I'm not sure what will happen to the 25% of her other child. Probably you'll have to pay him/her 25% of value.

If both her parents still live all is divided under 6 because they're also rank 1.

You can inherit her land but have to sell it to a thai within one year. You could 'sell' it to your children but then have to pay out the other 3 heirs so this will cost you half the estate.

This is in case there is no will.