Family Matters - Who ranks highest ... Legally?

[David48]

Not that I'm planning her early demise ... but has this changed in the past year from my original OP?

Any new laws the Military have bought in?

[billd766]

Unless there have been recent changes (unlikely):

There are six classifications of intestate heirs under Thai law. They are, listed in order of Thai inheritance priority: offspring (children, grandchildren, etc.), father and mother; full blooded siblings, half blooded sibling, grandparents; and siblings of parents.

A will prevents intestate.

Where would I, as her husband, rate in that conga queue?

Thanks for the replies guys ...

Read this and you will know legally.

Wills, succession, inheritance law in Thailand.doc

[billd766]

Expect her assets to be split up between the Thai relatives before you can say som tam pla ra. And DONT expect Thai law to be enforced in these matters.

Not correct especially if there are children involved and there is a legal will. The courts will come down on the childrens side before ANY Thai relative.

[billd766]

To be on the safe side, this is what I recommend:

This is what I recommend: don't come to Thailand and/or don't get involved with a doris.

In your case take your own advice. To those who do come to Thailand the choice is always yours.

[David48]

Unless there have been recent changes (unlikely):

There are six classifications of intestate heirs under Thai law. They are, listed in order of Thai inheritance priority: offspring (children, grandchildren, etc.), father and mother; full blooded siblings, half blooded sibling, grandparents; and siblings of parents.

A will prevents intestate.

Where would I, as her husband, rate in that conga queue?

Thanks for the replies guys ...

Read this and you will know legally.

Wills, succession, inheritance law in Thailand.doc

Mate, had a quick read.

But no 'date' on the document ... any idea at what date the document was written?

And how current it is?

Thanks

[Litlos]

A bit off on a tangent but something I have is wills in both Australia and Thailand, with assets in other countries covered by power of attorney on my demise. If you rely on a Thai will to cover Australia or vice versa the real winners will be the government authorities with their charges and of course the leeches lawyers. Expect the charges to be in the area of 99% of the amount of the estate.

However all the talk about fixed percentages for spouse and children are in the case of Intestate i.e. no will, problem solved by having a will (or 2). Of course wills can be challenged, but as long as the terms of the will are reasonable and spelt out, the challenges have little chance of success. This means in addition to specific bequeathments, if you do not want anything to go to cousin Somchai, the drug dealing kiddy fiddler, then you need to specifically note he is excluded due to not agreeing with his lifestyle choices.

Cheers

[Crazy chef 1]

Unless there have been recent changes (unlikely):

There are six classifications of intestate heirs under Thai law. They are, listed in order of Thai inheritance priority: offspring (children, grandchildren, etc.), father and mother; full blooded siblings, half blooded sibling, grandparents; and siblings of parents.

A will prevents intestate.

Where would I, as her husband, rate in that conga queue?

Thanks for the replies guys ...

David...are you planning something...

[billd766]

Unless there have been recent changes (unlikely):

There are six classifications of intestate heirs under Thai law. They are, listed in order of Thai inheritance priority: offspring (children, grandchildren, etc.), father and mother; full blooded siblings, half blooded sibling, grandparents; and siblings of parents.

A will prevents intestate.

Where would I, as her husband, rate in that conga queue?

Thanks for the replies guys ...

Read this and you will know legally.

Wills, succession, inheritance law in Thailand.doc

Mate, had a quick read.

But no 'date' on the document ... any idea at what date the document was written?

And how current it is?

Thanks

I originally downloded it in Feb 2012.

There are links here http://thailand.angloinfo.com/money/pensions-wills/inheritance-law/

A very useful one here http://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html

Another useful one here http://www.bia.co.th/032.html

Not so good here http://www.thailand-lawyer.com/foreigner-inheritance.html

I hope that these are of help to you and anyone else who is interested.

[BritManToo]

Unless there have been recent changes (unlikely):

There are six classifications of intestate heirs under Thai law. They are, listed in order of Thai inheritance priority: offspring (children, grandchildren, etc.), father and mother; full blooded siblings, half blooded sibling, grandparents; and siblings of parents.

A will prevents intestate.

Where would I, as her husband, rate in that conga queue?

Thanks for the replies guys ...

50% is already yours (joint assets)

the rest is split 50/50 between spouse and children, so in your case.

You get 75% of joint assets, 12.5% to each child. (assuming the twins are her only children)

Any land she owned before marriage to you, 50% you, 25% for each of the twins.

But as surviving spouse you get to manage the kids property until they are age 20.

Edited November 22, 2014 by BritManToo

[scorecard]

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When there is a surviving spouse, the Civil and Commercial Code provides for the following diversion af assets:

If your are survived by your spouse and children, the spouse recieves fifty percent and the children recieve fifty percent of the assets divided equally between the children and grandchildren (if there are no surviving children).

[sic] [Thai Law for Foreigners, When There Is No Will Or No Valid Will, page 80]

I don't think that's correct because I asked the same question on 'ask the lawyer' and I got a different answer .

Suggest the OP check the 'ask the lawyer' thread or ask again giving the exact circumstances.

[wow64]

Quckly get the ipad put into your name.

Sent from my c64