Usufruct And Death Of Wife .

[Thaifan2]

I bought a house in my TGFs ( now wife ) name ,and got a usufruct ,with my name registered on the Chanote .My wife also made a will leaving the house on her death to her now 8 year old daughter .

Whats my position should my wife die before me ? Should i get her to make another will with me named on it as well ?Is that necessary ? Thanks for any info .

Edited September 25, 2011 by Thaifan2

[tutsiwarrior]

my understanding is that as the holder of the usufruct one remains in control of the property upon the death of the property owner regardless of whom the inheritor is...

also, I understand that if the inheritor is a foreigner that they must dispose of the property within a year of the death of the property owner...so that if you were to inherit you would have to sell/give away the property to a thai but you would still have control of the property per the terms of the usufruct...

am I right or what?

[InterestedObserver]

The usufructuary does not own the property, the landowner does. In this case a minor child will become landowner per provisions of the Will, under Thai Juvenal Court supervision. However, since there is an encumbrance (usufruct) on the land, the Juvenal Court will have to approve the transfer beforehand. The usufruct does not die along with the original landowner but continues to follow the Chanote.

Edited September 25, 2011 by InterestedObserver

[tutsiwarrior]

The usufructuary does not control the property, the landowner does. In this case a minor child will become landowner per provisions of the Will, under Thai Juvenal Court supervision. However, since there is an encumbrance (usufruct) on the land, the Juvenal Court will have to approve the transfer beforehand.

the land owner cannot sell the land unless released by the usufructuary...is this correct?

the usufructuary is allowed to remain on the land regardless of change of ownership...is this correct?

maybe the qualifier 'for practical purposes' is in order here...

oops, sorry...saw your edit and we agree...

Edited September 25, 2011 by tutsiwarrior

[InterestedObserver]

The usufructuary does not control the property, the landowner does. In this case a minor child will become landowner per provisions of the Will, under Thai Juvenal Court supervision. However, since there is an encumbrance (usufruct) on the land, the Juvenal Court will have to approve the transfer beforehand.

the land owner cannot sell the land unless released by the usufructuary...is this correct?

the usufructuary is allowed to remain on the land regardless of change of ownership...is this correct?

1. Not correct. Landowner always has the absolute right to sell his/her land.

2. Correct. Usufruct is registered on the back of Land Title (Chanote) and is transferred along with the land.

[cardholder]

The usufructuary does not control the property, the landowner does. In this case a minor child will become landowner per provisions of the Will, under Thai Juvenal Court supervision. However, since there is an encumbrance (usufruct) on the land, the Juvenal Court will have to approve the transfer beforehand.

the land owner cannot sell the land unless released by the usufructuary...is this correct?

the usufructuary is allowed to remain on the land regardless of change of ownership...is this correct?

1. Not correct. Landowner always has the absolute right to sell his/her land.

2. Correct. Usufruct is registered on the back of Land Title (Chanote) and is transferred along with the land.

You could caveated number 1 with the fact that the sale is SUBJECT to the existence of the usufruct.

[Thaifan2]

Sounds like on the Death of my wife my step daughter becomes owner but i still remain ,with my usufruct still valid ?

[BuckarooBanzai]

Sounds like on the Death of my wife my step daughter becomes owner but i still remain ,with my usufruct still valid ?

Usufruct is still valid and that is a major reason why many farang go to the trouble of getting one. I am wondering though - if you have not legally adopted your daughter, which is very easy to do in Thailand, if you may run into problems remaining her guardian. I do not know the answer but thought I would raise the question.

[Thaifan2]

Sounds like on the Death of my wife my step daughter becomes owner but i still remain ,with my usufruct still valid ?

Usufruct is still valid and that is a major reason why many farang go to the trouble of getting one. I am wondering though - if you have not legally adopted your daughter, which is very easy to do in Thailand, if you may run into problems remaining her guardian. I do not know the answer but thought I would raise the question.

Yes ,i am looking into becoming my step daughters legal guardian (adoption ).Have you or anyone reading this done similar and know whats involved ?

[BuckarooBanzai]

Sounds like on the Death of my wife my step daughter becomes owner but i still remain ,with my usufruct still valid ?

Usufruct is still valid and that is a major reason why many farang go to the trouble of getting one. I am wondering though - if you have not legally adopted your daughter, which is very easy to do in Thailand, if you may run into problems remaining her guardian. I do not know the answer but thought I would raise the question.

Yes ,i am looking into becoming my step daughters legal guardian (adoption ).Have you or anyone reading this done similar and know whats involved ?

You can read through this thread for some info:

[Thaifan2]

Sounds like on the Death of my wife my step daughter becomes owner but i still remain ,with my usufruct still valid ?

Usufruct is still valid and that is a major reason why many farang go to the trouble of getting one. I am wondering though - if you have not legally adopted your daughter, which is very easy to do in Thailand, if you may run into problems remaining her guardian. I do not know the answer but thought I would raise the question.

Yes ,i am looking into becoming my step daughters legal guardian (adoption ).Have you or anyone reading this done similar and know whats involved ?

You can read through this thread for some info:

Thank you ,i will read through that later .