Staying In The House And Land

[billd766]

We are in the process of making our wills and my wife told me that now if the marriage is legal and she dies first I will be able to stay in the house until I die provided that my name is in the Tabien Baan.

Her friend in Bangkok also says that this is correct.

Should she die before me I will be our 20 month old sons legal guardian and hold the land etc for him.

Has anybody any knowledge whether this is correct or not?

[GuestHouse]

Your wife's will should clearly state that she leaves the house to your son, and that she wishes you to manage the property and affairs of your son. She should also state that she wishes to give you the right to live in and have use of the house while raising your child. Adding a statement along the lines of 'I wish my child to be raised by his father in the home we have shared together as a family, I wish my son to contine to have the security and comfort we intended for him when we bought our family home'.

This makes a clear distinction that your wife wishes you and your son to have use of the home for the best interest of your son, and makes it all the more difficult for A.N. Other to claim to be acting in the best interest of your son - by 'kindly offering to relieve you of the worry and responsibility'.

I would suggest that you pay the price and get a good BKK law firm to draught this will.

[Dragonman]

We are in the process of making our wills and my wife told me that now if the marriage is legal and she dies first I will be able to stay in the house until I die provided that my name is in the Tabien Baan.

Her friend in Bangkok also says that this is correct.

Should she die before me I will be our 20 month old sons legal guardian and hold the land etc for him.

Has anybody any knowledge whether this is correct or not?

I agree with GuestHouse!

I'm afraid there is no guarantee you can live in the house until you die, only until your son reaches the prescribed age to look after his own affairs. So keep him sweet

With regard to the Tabien Baan, this has no significance whatsoever. Only the chanote has legal relevance, and what has been registered with the Land Office.

[scotsman]

When your wife dies before you and there is a will and you dont have any children then you have a year to sell it or find a thai person to put it in there name. What about a neice who is 17 years old and is half thai could you put it in her name?

[Heng]

If it's someone who is a citizen and you trust them, sure, you could "sell" it to whoever you wanted, Palmy and Anna included.

[JimGant]

A 30-year lease should be an even higher priority than a will. Relatively easy to do -- and not too costly. When accomplished -- and registered with the land office -- you'll legally be entitled to stay on your land (at least for 30 years) regardless of who the future land owner/lessor becomes.

And the wife's will should say something like: 'I leave land and house to my husband. If Thai law will not allow this, husband has option to sell land and house; otherwise ownership should transfer to a person of my husband's choosing.' (You've got a year to then figure out which person you'd like as your new landlord -- maybe your new girlfriend )