My Best Freinds Wife Past Away. Can He Inherit Their Property?

[Livinginexile]

My best friend’s wife unexpectedly and suddenly past away last week only 8 days after giving birth to their second child. He has been working in Vietnam the past year and had only just returned to work after the birth of their daughter. He is absolutely devastated!

She was cremated today and he’s trying so hard to be strong for his kids.

He lives just outside of Korat and over the years he and his wife have built a beautiful house and bought some other property on the way. All the property is in her name so the question came up of what happens to the property. I remember reading something one time that a Farang husband can inherit Thai property under certain conditions.

My mate is not a member of TV so I am posting this on his behalf. Does anyone know the laws regarding foreigners inheriting Thai property that belongs to their Thai wife?

[canuckamuck]

I think that he gets a year to sell it, But with kids involved there might be a way around. Maybe by selling it to the children.

Sorry to hear about your friends loss, I can't imagine what that would be like.

[JurgenG]

Karat, I guess you're talking about Korat.

There is a law firm located in Korat that is a sponsor of this forum. The best may be to contact them http://www.isaanlawyers.com/

[Livinginexile]

Karat, I guess you're talking about Korat.

There is a law firm located in Korat that is a sponsor of this forum. The best may be to contact them http://www.isaanlawyers.com/

Thanks for the info Jurgen I'll pass it onto my mate. Sorry...yes Korat, now ammended.

[musiclover]

It has happened to me also.Utter tragedy....still not over it

Did she make a will? That is very important

Unfortunately I do know a great deal about this and if you need more info pm me

I'm so sorry to hear about this

[Livinginexile]

It has happened to me also.Utter tragedy....still not over it

Did she make a will? That is very important

Unfortunately I do know a great deal about this and if you need more info pm me

I'm so sorry to hear about this

I'm sorry about your loss musiclover, do you live in Thailand?

[musiclover]

It has happened to me also.Utter tragedy....still not over it

Did she make a will? That is very important

Unfortunately I do know a great deal about this and if you need more info pm me

I'm so sorry to hear about this

I'm sorry about your loss musiclover, do you live in Thailand?

Yes I do....permanently.....(at least whilst I deal with the problems that have arisen.....)

[TwoDogz]

I read about this exact scenario happening to someone else and the guy got to keep control of the properties. But I think it had something to do with power of attorney from the wife somehow.

The other things is that as you are married, her estate should go straight to you as the husband I believe.

Then as I understand it you would have 12 months to sell property.

But, because you have kids, the property I would imagine could also go directly to them without issue. Only problem here is the requirement to keep it till they are 20yo etc. But you can apply to court to sell on their behalf if you have cause for example for school fees etc and college and such.

A lawyer would most liekly be required to navigate the way, just make sure it is a trustworthy one and have all documents translated and double check Thai ones with someone else before signing anything.

[GuestHouse]

An expat friend of mine's wife was killed in road accident he was left in similar circumstances, though their child was about 5 years old at the time.

He managed to get the property transferred to the name of their son, he acting as managing guardian.

But this was challenged by his wife's parents - he won the case in court to (which was again challenged and again he won - The second challenge was to try and get custody of the child and by implication control over the substantial amount of property) but that left bitter family resentment.

The best advice I can offer is that he gets a good lawyer to advise him, probably best to get a Bangkok lawyer, not a local lawyer who might have local affiliations.

Speak to the lawyer first and then speak to the family - if things get sticky go to court.

The caution is that many Thai families expect the mother of the wife to inherit in such circumstances.

[musiclover]

An expat friend of mine's wife was killed in road accident he was left in similar circumstances, though their child was about 5 years old at the time.

He managed to get the property transferred to the name of their son, he acting as managing guardian.

But this was challenged by his wife's parents - he won the case in court to (which was again challenged and again he won - The second challenge was to try and get custody of the child and by implication control over the substantial amount of property) but that left bitter family resentment.

The best advice I can offer is that he gets a good lawyer to advise him, probably best to get a Bangkok lawyer, not a local lawyer who might have local affiliations.

Speak to the lawyer first and then speak to the family - if things get sticky go to court.

The caution is that many Thai families expect the mother of the wife to inherit in such circumstances.

Yes get a good lawyer. BUT

FACT...... No will means husband automatically gets half of estate and other half to be divided between all heirs. Including him and children. Must claim executorship, which is a formality if properly and legally married. Must go to court to do this.....

Wives parents have no rights but children do!!!!!!!! Good luck....

[Beetlejuice]

I guess that your friend has bent the rules and bought the real estate with his money. Most of them do.

My advice is, tell your friend to get down to the land office, pronto! and put all the land and house into the names of his kids, before the wife`s ever caring family wake up and come around to grab the lot, as this may now be a race as to who get`s in first.

If the ever loving wife`s family decide to cause problems and insist on proof that the real estate was purchased with the wife`s money, than he`s going to have big problems. As I said; get down to the land office and get the kids names smacked onto those papers a.s.a.p.

[musiclover]

I guess that your friend has bent the rules and bought the real estate with his money. Most of them do.

My advice is, tell your friend to get down to the land office, pronto! and put all the land and house into the names of his kids, before the wife`s ever caring family wake up and come around to grab the lot, as this may now be a race as to who get`s in first.

If the ever loving wife`s family decide to cause problems and insist on proof that the real estate was purchased with the wife`s money, than he`s going to have big problems. As I said; get down to the land office and get the kids names smacked onto those papers a.s.a.p.

That is very poor advice and shows utter ignorance of the Thai laws of probate. Was there a will? How old are the kids? His kids or hers? He must become executor.

and that means a lawyer and I can assure you he will be treated fairly and impartially by Thai courts

The wives parents have no power at all if he is legally married

The land office will have noting to do with such a scheme without a court order!!!

He must get a lawyer ASAP and establish himself as executor

Most of the comments I read here are just rumor and hearsay and NOT based on facts or experience

MIne are......

[billd766]

This may be of some use to you at this point.

Wills, succession, inheritance law in Thailand

Wills, succession, inheritance law in Thailand.doc

ADMINISTRATION AND DISTRIBUTION OF AN ESTATE.doc

Please could everyone make a will if only for the sake of your children.

[Livinginexile]

Dear Bill & Musiclover.

Thank you very much for the info and advice.

I have forwarded this to my mate.

Cheers guys.

[billd766]

Dear Bill & Musiclover.

Thank you very much for the info and advice.

I have forwarded this to my mate.

Cheers guys.

My pleasure.

[teatree]

How easy is it to make a will? Are there will templates that you fill in youself? I have seen thee in the Uk?

[endure]

How easy is it to make a will? Are there will templates that you fill in youself? I have seen thee in the Uk?

Unless it's very simple it's best to get a lawyer involved. Badly drafted wills can cause years of grief and expense.

[geriatrickid]

If the gentleman does not have a will and instructions in respect to the care and custody of his children, he better deal with it now. Imagine the results if something were to happen to him. Worse case scenario is if he was incapacitated. Family members could descend like hyenas on a wounded buffalo

[Pormax]

To the OP. Sorry to hear about your friends tragic loss.

I am not a lawyer and have no experience in this matter to advice you on this matter. Legal advice is what you want not conjecture.

A lawyer is the only way to go.

However if I may intrude on your post and divert slightly.

This could happen to anyone of us Farang living here but how many have thought about the possibilty of a sudden tragic deatha and made a will to ensure your assets go where you want them to?

I hope that this might be a wake-up call to those who have not yet done so.