What Are My Rights

[winstonc]

hi all,dont know if been a topic before,but im wondering what my rights legally are if my wife passes away. as we live in thailand.shes only 37,but i thought it would be better to know,you just never know,thanks for you time and repies in advance.

[jrtmedic]

You have no "rights" !

I you are no longer married you can apply for an extension of stay based on retirement if you qualify.

There may be other means of remaining in Thailand and if so I am sure the experts here will advise.

[lopburi3]

In what way? As legal spouse you would be subject to normal Thai laws - the major exception is you could not keep land more than a year due to foreigners not being allowed ownership. Believe there are legal means to insure you may continue to stay in home available but as for stay you would lose any extension based on Thai wife

[ThaidDown]

The most important thing is for you to both make wills to cover your Thai assets. If you have assets in your home country you should also make a will there covering those.

Under Thai law the surviving spouse does not automatically inherit all the other spouses assets if no will has been made. As said you would lose your marriage extension on the day she died but have never heard of immigration causing immediate problems, of course, you would not be able to get a further extension. If you had children you could go the dependant route, if not and under 50 maybe the 'ED' route.

Hope your wife survives many more years, but you should still both make wills.

Further info on inheritance and succession http://www.thailandlawonline.com/thai-family-and-marriage-law/civil-law-on-succession-inheritance-heirs-and-wills

[winstonc]

yes weve both made wills and were legally married,my royal mail pension scheme are always up2date,she has property in phuket but i certainly dont want to have to move there,,thanks everyone

[Huayrat]

you wont have nowhere to live if she died as you would be told to leave as you have no visa.. Its then upto you to sort out another way to stay..

Edited June 7, 2013 by metisdead
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[PattayaPhom]

I would think your POSSE is enough to gain a retirement visa if you had long service. You already made wills

[BirdsandBooze]

If she has made a Phi Nai Gam in your favour you will have a limited time to sell any property a foreigner isn't legally entitled to own. If you are unfortunate enough to succeed your wife a RECOMMENDED legal firm will be able to assist you in in the sale of these assets, although depending on the location a lower valuation may be necessary to secure a quick sale. I do know an expat whose wife died prematurely and Immigration were sympathetic in helping with regard to his visa requirements.