Inheritance law

[johnbarpic]

My Italian friend passed away last year & he died without a will. Married 12 years to his thai wife no children from the marriage & no children previously to the marriage on both sides.

All certificates have been obtained from the Italian Embassy in Bangkok to register the death etc

In Thai law does the estate of the deceased pass directly to the wife or can others make a claim to the estate i.e. Italian brothers & sisters make claim.

any help or experience of this would be appreciated

[SeaVisionBurma]

Moving to Marriage and Divorce section for better replies, will also leave a copy of the topic here.

[Mario2008]

Half of the property will be hers, as a result of the joined property because of the marriage. The other half is to be divided between the heirs, of which the wife is one. I believe she is at least entitled to 50% of the estate, so would at least get 75%, if there are no parents and no children. The brothers and sisters get the other half of the estate.

But this is best aked from a competent lawyer.

[johnbarpic]

I would believe she would be entitled to the whole estate family in italy appear of a different mind. we are not talking millions here just what was left in a current account.

Edited October 1, 2013 by Maestro
Removed part of post that was reply to removed posts.

[paz]

I would believe she would be entitled to the whole estate family in italy appear of a different mind. we are not talking millions here just what was left in a current account.

Yes, unlike very close relatives (brothers) are alive. However in practice, to get anything she can't do without an Italian lawyer, trying without one or with a foreign one would cause just loss of time and frustration.

Be aware that terms can be one year from the date of death, as well as complications regarding the domicile of the deceased, that makes necessary the widow to act urgently

Edited October 1, 2013 by paz

[johnbarpic]

thanks PAZ.

You mention domicile of the deceased. He was. Resident in Thailand last 12 years & also passed away in Thailand .. An Italian lawyer is engaged it has taken a while to get the documentation to release the current account . Then the family ie sister making acclaim against his estate. Do you know if there is any baring the fact he died in Thailand against outside claims from European family...?

I would believe she would be entitled to the whole estate family in italy appear of a different mind. we are not talking millions here just what was left in a current account.

Yes, unlike very close relatives (brothers) are alive. However in practice, to get anything she can't do without an Italian lawyer, trying without one or with a foreign one would cause just loss of time and frustration.

Be aware that there are term can be one year from the date of death, as well as complications regarding the domicile of the deceased, that makes necessary the widow to act urgently

Edited October 1, 2013 by Maestro
Fixed quote tags

[paz]

thanks PAZ.

You mention domicile of the deceased. He was. Resident in Thailand last 12 years & also passed away in Thailand .. An Italian lawyer is engaged it has taken a while to get the documentation to release the current account . Then the family ie sister making acclaim against his estate. Do you know if there is any baring the fact he died in Thailand against outside claims from European family...?

Eved if your friend passed away in Thailand, the succession has to be filed in the last known Italian domicile. Also where he died doesn't matter, the widow is entitled to two thirds of the estate, the sister to one third. Art 582 civil code. Note that any debt is also so shared.

Edited October 1, 2013 by paz

[Maestro]

Half of the property will be hers, as a result of the joined property because of the marriage. The other half is to be divided between the heirs, of which the wife is one. I believe she is at least entitled to 50% of the estate, so would at least get 75%, if there are no parents and no children. The brothers and sisters get the other half of the estate.

But this is best aked from a competent lawyer.

I know the part of 50% of the joint property (Sin Somros) being hers up front is somewhere in the Civil and Commercial Code, but I can't find the corresponding section of the law. Her entitlement to 50% of the remaining half, the inheritance, is governed by section 1635(2)

[Maestro]

...Eved if your friend passed away in Thailand, the succession has to be filed in the last known Italian domicile. Also where he died doesn't matter, the widow is entitled to two thirds of the estate, the sister to one third. Art 582 civil code. Note that any debt is also so shared.

Three quarters, in fact.

50% of total assets, representing her half of joint property (Sin Sormros)

25% of total assets, ie 50 percent of the inheritance, which consists of the remaining half of the joint property

------

75% wife's share of total assets

[Maestro]

I would believe she would be entitled to the whole estate family in italy appear of a different mind. we are not talking millions here just what was left in a current account.

I don't know if it makes a difference, but is the current account with a bank in Thailand or in Italy?

Inquiries may also have to be made whether the deceased had any assets or liabilities in Italy, eg a bank account in Italy into which a pension was paid.

[paz]

...Eved if your friend passed away in Thailand, the succession has to be filed in the last known Italian domicile. Also where he died doesn't matter, the widow is entitled to two thirds of the estate, the sister to one third. Art 582 civil code. Note that any debt is also so shared.

Three quarters, in fact.

50% of total assets, representing her half of joint property (Sin Sormros)

25% of total assets, ie 50 percent of the inheritance, which consists of the remaining half of the joint property

------

75% wife's share of total assets

Yes. Per Italian law on a current account, savings etc, 50% goes to the widow "iure proprio", the other 50% as I mentioned before and is "iure successionis". 2/3 to window and 1/3 to sibling. On the Italian assets of an italian, I think it would be futile trying to make any Thai law prevail.

But for an asset that deceased owed before marrying, e.g real estate or just fractions of it, the division would be 2/3 and 1/3 directly.

Edited October 2, 2013 by paz

[ThaidDown]

Half of the property will be hers, as a result of the joined property because of the marriage. The other half is to be divided between the heirs, of which the wife is one. I believe she is at least entitled to 50% of the estate, so would at least get 75%, if there are no parents and no children. The brothers and sisters get the other half of the estate.

But this is best aked from a competent lawyer.

I know the part of 50% of the joint property (Sin Somros) being hers up front is somewhere in the Civil and Commercial Code, but I can't find the corresponding section of the law. Her entitlement to 50% of the remaining half, the inheritance, is governed by section 1635(2)

I think that the joint property part is covered by section 1625

Section 1625. If the deceased was married, the liquidation of property and the distribution of the estate between the deceased and the surviving spouse shall be as follows:

(1) as regards the share in the property of husband and wife, the provisions of this Code concerning divorce by mutual consent as supplemented by Sections 1637 and 1638 and especially Section 1513 to 1517 of this Code shall apply; however, such liquidation shall take effect as from the date of dissolution of the marriage by death;

(2) as regards the share in the estate of the deceased, the provisions of this Book other than Sections 1637 and 1638 shall apply

particularly part 1, stating that provisions are the same as divorce by mutual consent, where a 50/50 split is common. So the surviving spouse gets 50% and the deceased spouses part of the estate is covered by part 2, and is split by the statutory heirs.