Can Foreigner Be Executor Of Wife'S Will / House?

[talatnat]

We just paid off the chanote on our house, and the wife decided to make a will at the local Ampur office. The house is in her name, and I did the usual sign-off saying she purchased it with her own money when we originally bought/took-a-loan on the house.

We want to leave the house in our kids' names, in case my wife predeceased me. This way I would NOT have to deal with courts and rights of succession, as in the case if she left no will. With a will, I would just be the administrator (or executor) of the will/house.

At the Ampur, we ran thru' successive the bureaucratic levels, with each higher officer-level (on advice from underlings) stating that a "farang cannot be administrator/executor of a house". They said administrators can only be Thai.

My wife does not want to leave the decision-making on her house to her family or friends.

Questions:

1. Can she appoint me as administrator/executor?

2. Can a kind soul point me to to the right section of Thailand's Civil and Commercial Code (CCC) where foreigners are excluded/not excluded from being administrators. If I can get the right webpage in Thai or English to show the authorities, I may have a reasonable shot at changing their minds.

[SantiSuk]

Thailand assumes that the family are always going to act in the best interests of a deceased family member , so no need for fancy western trust laws etc.

[ThaidDown]

As far as executor of a will is concerned I have not seen anything in the laws that specify that a foreigner cannot be appointed. I know of two cases where wills have been registered at the Amphur with foreign spouse as executor, but neither will has been executed yet so cannot say if there are going to be future problems.

The laws merely talk about the executor being appointed by the testator in the will or by the court. As far as the house is concerned once it is transferred into the children's name then they are the owners. As parent/legal guardian you will automatically run the house on their behalf on a day to day basis. In fact section 1687 states that a 'controller' is only required if the controller of the property is not the parent/guardian.

Note that you will be unable to sell the property or take out a loan against the property or commit the children to any encumbrance on the house without court permission.

This Thailawonline link may assist http://www.thailandlawonline.com/Laws/inheritance-laws-civil-code-on-succession-and-inheritance.html

Further reading on this site may also be useful.

[Mario2008]

I saw a recent post of a memebr who was appointed executer of the will by a Thai court when his wife died.

As far as I know there is no law that says a foreigner cannot be an executor of a house or land. The amphur is mistaken and confuses it with ownership, an executer is not the owner.

[ballbreaker]

I was named executor in wife's will and and it passed no problems with the court when she died last year. I had no major issues dealing with bank or land office with court papers in hand and me named as executor.

[DonaldBattles]

You need to see a lawyer and have proper wills made for the two of you. I am told that if she dies before you then you have 5 years to sell the property. Community property laws apply.

[JohnC]

I have been appointed executor in a friends will, dealing with all his property, car etc, this was all done through a reputable lawyer and the only point raised was I could not witness the will .

[ThaidDown]

I have been appointed executor in a friends will, dealing with all his property, car etc, this was all done through a reputable lawyer and the only point raised was I could not witness the will .

Correct, if you benefit from the will in any way, you cannot witness it.

[Morakot]

You need to see a lawyer and have proper wills made for the two of you. I am told that if she dies before you then you have 5 years to sell the property.

Are you sure it is five years. I thought it is less? Could anyone please shed light onto this.

[ThaidDown]

If the property is willed to the children then it becomes their property, no need to sell.

If the property is willed to a foreign spouse then, it is my understanding, that technically he can own the property in his name, but , this requires the permission of the Minister of the Interior, and I have never seen a report that this has ever been granted. In which case, I believe, the spouse would have 1 year to sell the property or it will be sold by the Crown.

[talatnat]

Thank you, all. I'll take the information along, and hopefully the next person in our backwater province who tries the same thing will have an easier time.

Edited August 17, 2012 by talatnat

[SouthernMan3]

Search this word.

Usafruct.

It may solve all of your problems along with a will.

No one in the family gets anything except what your wife wrote in the will.

Doesn't matter who is executor.

That is the law.

[Sophon]

Search this word.

Usafruct.

It may solve all of your problems along with a will.

No one in the family gets anything except what your wife wrote in the will.

Doesn't matter who is executor.

That is the law.

He would get better results searching for "usufruct".

Sophon

[SouthernMan3]

Search this word.

Usafruct.

It may solve all of your problems along with a will.

No one in the family gets anything except what your wife wrote in the will.

Doesn't matter who is executor.

That is the law.

He would get better results searching for "usufruct".

Sophon

I never said I was a spell master.....

[Khun Jean]

Get a usufruct, and in the will leave the house to the children.

Can not get any easier (and cheaper, faster) then that.