What Happens If My Thai Husband Was To Die?

[skinnymilinky]

Hi Girls,

I don't know if this is the right place to post this but I have searched on TV and I can find a lot related to this topic surrounding Farang Men married to Thai women but not Farang Women with Thai men!

I have been with my Thai husband for 4 years now. We are currently living in the UK but planning to return to Thailand next year. Whoopee!!

I know that there are some differences for farang women when getting a marriage visa (the man being the head of the household etc) but what happens to me if my husband was to die? Our house in Thailand is in his name but was funded by me. I know that we need to make a will but without one where will I stand?

I have read on TV that when a Thai spouse dies the farang will inherit the house for only 1 year up until which they must sell it. We have no children together but I am concerned that the house would go to his family in the event of his death rather than to me.

Of course he tells me not to worry, that his family would not take anything that was mine but he wouldn't be there to make sure of that and he does have a child by a previous partner. Any help would be appreciated from all you girls. Sorry for being all morbid!!

And please move this post if it's in the wrong place!!

xxx

[mike123ca]

My first answer is this question should be moved into the forum for Thai visa questions. There are some very good people there

that will give answers to your question.

In two weeks I'll be making my application for a O visa based on marriage to a Thai woman.

I've also asked myself the same question. My wife is 8 years younger than me, so I think it's more likely she will outlive me, But

should something unfortunate should happen like an accident.

If the Thai husband/wife put in their will the property belongs to you e.g. a house, that shouldn't be a problem. It's who is going to own the

land. Do you have faith to trust your spouses family? Thailand gives you up to a year to sell it.

Make sure you get a proper will, otherwise the Thai relatives will get it all.

I saw some good information here.

http://www.thaivisa.com/forum/topic/254116-wife-dies/

I was lucky that my wife already owned land and had a home. Which we will pass down to our children.

I always wondered how long one can stay in Thailand if their Thai partner passed away.

I would guess until end of your visa or extension of stay.

I don't know if you can continue on an O-visa based on marriage if the partner has passed away?

If you don't have children then I guess you might have to look at other visa options.

[skinnymilinky]

Yeah, think I have put this in the worng forum! Oops!

Thanks for your advice Mike, I had a look through the posts and have definately come to the conclusion that I need to do my will!

It's interesting because if the tables were turned and I was to die in the UK, my husband would gain residency automatically! And inherit the house!

I don't know if I trust the family as they have never really approved of our relationship and had previously tried to encourage my husband to get back together with his ex so I would be dubious that they would put me high up on their considerations if something was to happen!

My hubby is very happy to sign all the documents, he is very insistent that he does not want my money and is not with me for that reason (it's definately an pride thing for him) but I don't think you can guarantee the reactions of others, I have had too many requests for money to believe that family would not be interested in a wee financial bonus!!

Cheers

[sbk]

Actually the visas forum is for visa information.

And while you can own the house you cannot own the land its on, I've heard that you have a week to get a new visa (if on a married to thai husband extension) if he dies but don't know if thats true.

He must do a will in Thailand for assets in Thailand, it can be easily done and registered at the local amphur.

I believe it goes something like this if he dies: You get the majority, then children (if you had any) and his parents (if still alive) would get a share as well. If he owns the land then you would have one year to sell and distribute the cash or his parents could buy out your share (although it sounds like they wouldn't).

A UK will wouldn't carry much weight here for assets here, so best he does one in Thailand, or alternatively, do one in the UK in Thai (it can be handwritten but must have two witnesses) at the Thai embassy (best check with them first tho).

[mike123ca]

Actually the visas forum is for visa information.

And while you can own the house you cannot own the land its on, I've heard that you have a week to get a new visa (if on a married to thai husband extension) if he dies but don't know if thats true.

He must do a will in Thailand for assets in Thailand, it can be easily done and registered at the local amphur.

I believe it goes something like this if he dies: You get the majority, then children (if you had any) and his parents (if still alive) would get a share as well. If he owns the land then you would have one year to sell and distribute the cash or his parents could buy out your share (although it sounds like they wouldn't).

A UK will wouldn't carry much weight here for assets here, so best he does one in Thailand, or alternatively, do one in the UK in Thai (it can be handwritten but must have two witnesses) at the Thai embassy (best check with them first tho).

If there is no will the following would be applied.

http://www.thaivisa.com/forum/topic/254116-wife-dies/

The link I have given above includes the following post:

lopburi3, on 2007-11-11 10:43:02, said:

Source: http://www.tillekeandgibbins.com/Publicati..._foreigners.pdf

Quote

If there is no will, statutory heirs will inherit in the following order:

• children, parents and spouse of the deceased – equal shares.

• parents and spouse of the deceased – spouse receives half.

• full brothers, full sisters – spouse of the deceased receives half.

• half-brothers, half-sisters – spouse of the deceased receives two-thirds.

• grandfathers, grandmothers – spouse of the deceased receives two-thirds.

• uncles, aunts – spouse of the deceased receives two-thirds.

• none of the above – spouse of the deceased receives all.

If an heir in a higher order exists, heirs in the lower orders have no rights at a

If you don't want the above to take place, Please write up a will.

The rules are designed to give the most to the Thai.

What I don't understand is they give you a year to sell the property,

but they will kick you out as soon as possible because they canceled

your O visa.

Amazing Thailand

[skinnymilinky]

Thanks for all the info. Time to do a Will I think!! We will be back for a holiday this year so maybe will get things done then.

I wasn't sure whether there were different rules for farang wifes than husbands (as there is for the mariage visa) Think that's why I posted

here! Just in case any of the girls could tell me of some little loophole that we get!

[krangeek]

My first answer is this question should be moved into the forum for Thai visa questions. There are some very good people there

that will give answers to your question.

In two weeks I'll be making my application for a O visa based on marriage to a Thai woman.

I've also asked myself the same question. My wife is 8 years younger than me, so I think it's more likely she will outlive me, But

should something unfortunate should happen like an accident.

If the Thai husband/wife put in their will the property belongs to you e.g. a house, that shouldn't be a problem. It's who is going to own the

land. Do you have faith to trust your spouses family? Thailand gives you up to a year to sell it.

Make sure you get a proper will, otherwise the Thai relatives will get it all.

I saw some good information here.

http://www.thaivisa....4116-wife-dies/

I was lucky that my wife already owned land and had a home. Which we will pass down to our children.

I always wondered how long one can stay in Thailand if their Thai partner passed away.

I would guess until end of your visa or extension of stay.

I don't know if you can continue on an O-visa based on marriage if the partner has passed away?

If you don't have children then I guess you might have to look at other visa options.

No you cannot extend your 'O' visa based on marriage. This is a Buddhist country and adheres to Buddhist principles insofar as once your spouse male or female, has passed, they are deemed to have gone on to another spiritual level. Not the same as Western religious concepts of death in that, particularly those of the Catholic school, you are married up until and AFTER death. 'Those whom God has joined together let no man put asunder' and all that. The emphasis here on the word 'God'. Nothing in the Buddhist scriptures about that.

No problem there though, just apply for a 'B' visa, an Ed. Visa, or if past 50, an 'O' based on retirement. Despite all the scaremongering on this forum, there are many options. Including the disposal of property. And I've yet to meet anyone, of either gender, turfed out of the family home when the 'year' was up.

You can claim on your husband's family's land also, for instance, as much as they can claim on your jointly owned property. However, this being Asia, paperwork being supreme, cannot stress too strongly to have a Will drawn up and registered at your local Amphur.

[GrahamF]

I would also suggest getting a law firm involved in drawing up your husbands will and I would suggest looking into getting a usufruct drawn up as well.

[Mario2008]

What will happen to you when your Thau spouse die? Well, regarding your permission to stay, that ends when the reason for the permisiso to stay (your marriage) is no longer there. (That can be a divorce or death of your spouse). In case your spouse dies, immigration will not insist on you leaving the same day (which they will do in case of divorce). Nevertheless, you no longer have permisison to stay in thailand and must find another reason to stay in Thailand or start packing.

That can be for taking care of your child (under 20 years old) with Thai nationality or for reasons of retirement if you are over 50. And there are of course other reasons.

[NALAK]

see a lawyer, get accurate info, i know your seeking good advice but is it not worth getting accurate information rahter relying on a forum. it is after all an improtant issue and worthy of best advice.