Inheritance

[lawling]

Anybody with any experience of inheritance matters in trelation to Thai marriages?My lady-friend's father died a few years ago and apparently the mother then became the owner of the house and farm. Subsequebtly the mother remarried but she now has a terminal illness. My friend seemed to get on all right with the stepfather but some of her brothers and sisters didn't. According to her, the stepfather will inherit everything when the mother dies and the children may get nothing - a couple may even have to vacate the family home. This seems a bit harsh. Maybe my friend is just being alarmist but I would be interested to hear from anyone who has come across a similar situation.

[Morden]

I doubt that this is merely a matter of what the law says in general. There may be a will or a will could be made to express the wishes of the person concerned.

My suggestion is that your girlfriend seeks the advice of a lawyer and, if necessary, encourages her mother to make a proper will (testament is the Thai word) to protect the interests of her offspring.

[lawling]

I doubt that this is merely a matter of what the law says in general. There may be a will or a will could be made to express the wishes of the person concerned.

My suggestion is that your girlfriend seeks the advice of a lawyer and, if necessary, encourages her mother to make a proper will (testament is the Thai word) to protect the interests of her offspring.

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Thanks, Morden. I had, in fact, suggested to her that she and her siblings consult a lawyer but this wasn't received with much enthusiasm. "Cost too much", etc. However, up to them, as they say. Thanks.

[Morden]

I've checked this with my wife. I can't guarantee the accuracy of what follows but she is usually correct.

If the mother owned the land and house prior to remarrying, then the property would normally pass to her offspring on her death. If she wants to make this absolutely certain, she could make a testament. A lawyer could deal with that. If she doesn't want to pay a lawyer she could write her own testament and get her signature witnessed by two important local people. My wife says that she could go to the head man of the village who will advise her and help her do this.

The head man probably would not charge anything but perhaps for the sake of everyone's peace of mind it's an occasion when farang might consider coughing up a few Baht if it becomes necessary.

[zzap]

If they'd rather accept that they won't inherit anything and be homeless, than paying a (small) lawyer's fee, up to them, som nam nah!

It reminds me of the situation 'my Thai' was in before. It also seemed of low priority to consult a lawyer or even to look at the registry papers when 'mum' was terminally ill.

It turned out that the land title was still in her (30 years dead) grandmother's name, so the land wasn't actually owned, merely occupied by the mother, belonging 50% to the surviving brother, the other 50% to be shared equally between her 3 children, not withstanding the verbally expressed will that everything should go to the eldest!

Transfering titles costs money, too, and after the registered owner/occupier is dead, even more, as a lawyer needs to be involved.

Again, best policy is to sort it out now, it will become more cumbersome and expensive, if not impossible later!

[Morden]

Hi zzap. Did you get my PM the other day?

[lawling]

If they'd rather accept that they won't inherit anything and be homeless, than paying a (small) lawyer's fee, up to them, som nam nah!

It reminds me of the situation 'my Thai' was in before. It also seemed of low priority to consult a lawyer or even to look at the registry papers when 'mum' was terminally ill.

It turned out that the land title was still in her (30 years dead) grandmother's name, so the land wasn't actually owned, merely occupied by the mother, belonging 50% to the surviving brother, the other 50% to be shared equally between her 3 children, not withstanding the verbally expressed will that everything should go to the eldest! 

Transfering titles costs money, too, and after the registered owner/occupier is dead, even more, as a lawyer needs to be involved.

Again, best policy is to sort it out now, it will become more cumbersome and expensive, if not impossible later!

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Thanks zzap and, again, Morden. Wise words.

[johna]

I finally persuaded my wife to make a last will and testament for the sake of our child and in the event that she shoud die before me her family will not rip of either of us,

I have seen some nasty squabbles over inheritance matters

My wifes insurance provider did the legal work for her for free.

[Pudgimelon]

Thanks, Morden. I had, in fact, suggested to her that she and her siblings consult a lawyer but this wasn't received with much enthusiasm.  "Cost too much", etc. However, up to them, as they say. Thanks.

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Losing their rightful property would seem to "cost more", don't you think? Need to teach her about the concept of "penny-wise, pound-foolish".

[zzap]

Well, when we were in the situation, I was talking until I got all worked up and in a rotten mood, all to no avail... Not my business, up-to-you was the attitude I adapted in the end.

[Dragonman]

Anybody with any experience of inheritance matters in trelation to Thai marriages?My lady-friend's father died a few years ago and apparently the mother then became the owner of the house and farm. Subsequebtly the mother remarried but she now has a terminal illness.  My friend seemed to get on all right with the stepfather but some of her brothers and sisters didn't.  According to her, the stepfather will inherit everything when the mother dies and the children may get nothing - a couple may even have to vacate the family home. This seems a bit harsh. Maybe my friend is just being alarmist but I would be interested to hear from anyone who has come across a similar situation.

<{POST_SNAPBACK}>

I am afraid that unless there is a will everything will go to the husband, if they are legally married that is, this is why children normally persuade their mother not to certify her marriage at the registry office. Wills can be drafted for little money, but I would not advise anyone in Thailand to have a non qualified person perform the task. 3000 or 4000 baht to protect your future

[lawling]

Anybody with any experience of inheritance matters in trelation to Thai marriages?My lady-friend's father died a few years ago and apparently the mother then became the owner of the house and farm. Subsequebtly the mother remarried but she now has a terminal illness.  My friend seemed to get on all right with the stepfather but some of her brothers and sisters didn't.  According to her, the stepfather will inherit everything when the mother dies and the children may get nothing - a couple may even have to vacate the family home. This seems a bit harsh. Maybe my friend is just being alarmist but I would be interested to hear from anyone who has come across a similar situation.

<{POST_SNAPBACK}>

I am afraid that unless there is a will everything will go to the husband, if they are legally married that is, this is why children normally persuade their mother not to certify her marriage at the registry office. Wills can be drafted for little money, but I would not advise anyone in Thailand to have a non qualified person perform the task. 3000 or 4000 baht to protect your future

<{POST_SNAPBACK}>

Thanks Dragonman. A useful point and I'll follow it up - tactfully.