Building a house in Chiang Mai (Saraphi district)

[elektrified]

THere are heaps of ways to defacto own land....legally. The rolling 30 year lease (which I accept has never been tested but hey I will be dead for second renewal). Also if you have a wife be named as her executor with a correct will you can let estate roll on for a few years and when selling have SOME say where funds are disbursed (50% of something is better than a hundred percent of nothing). I think going the dummy company is the only really iffy one now.

The only way one owns land is if their name is on the title to the property. This is not possible for foreigners in Thailand unless you make a substantial investment in Thailand. Any other method carries substantial risk of the loss of your investment.

You can do a google search on the Land Code Amendment Act 1999 No. 8

Basically - foreign individuals can own land up to 1 rai under section 96 bis of Land Code Amendment Act (1999) for residential purposes through the Board of Investment which requires a 40 million baht investment into Thailand in specified assets or government bonds beneficial to the Thai economy. If granted it is under strict conditions and in specified areas and requires approval of the Minister of Interior. In addition this ownership is NOT transferable by inheritance, therefore limited to the life of the foreigner granted the right to own land under this exception.

[rawhod]

... and thus another good topic on building / construction has been derailed by the usual suspect(s) ... (yes I'm also to blame for that for responding)

+1

[mikemac]

[in response to the latter part of the previous page]

... and thus another good topic on building / construction has been derailed by the usual suspect(s) ... (yes I'm also to blame for that for responding)

Please let's put this to bed. After all what are we talking about here: mortgage payments on something that you can't take to the grave anyway (so your wife and/or kids will end up with something, and most likely they really deserve something) versus renting, where you are a 100% sure that nobody ends up with anything except for the landlord, not to mentioin that it never feels like 'home' as there is limited incentive/possibility of keeping it nice and homey, making improvements, etc. Or, condominium living: your own little battery-hen box in the sky. (Great for BKK, Hong Kong, SIngers.. this though is Chiang Mai.. where you can still shape a tiny part of the world yourself.)

So before making this out to be something bigger than it is, it's the difference between perhaps 20K monthly in mortgage payments versus the 100% guarantee of seeing 15K evaporate in rent every month. It's an argument over 5K per month. That's not even my beer budget. (Also in 10 years time your mortgage payments are still 20K, but chances are that rents are up there to the same amount anyway.)

Please please please let's return to construction, architecture and related stuff.

Maybe these discussions go better if right from the get-go the OP mentions he has no intention of owning anything and just enjoys architecting and building stuff for the heck of it, just like others enjoy golfing, beer drinking or forum-scaremongering.

You are correct WtK, in that I should have made myself more clear from the op. But to be honest, after spending so much time reading troll garbage over on the Redshirt/PTP/Shinawatra crimes topics, I thought this topic would have been safe from the "usual suspects".

I should have seen the connection ; stupid farung builds house for wife and kids - wife repays this kind act by either dying and leaving husband to fight with her family over the property, or just takes the lot out of spite - stupid farung left in his underpants

I would trust my wife with my life, so a house and land is nothing to worry about. I have no interest whatsoever in ever owning anything of value, except for maybe a laptop, because I doubt if I can take it with me when I go. I just want my wife and kids to have a nice home of their own.

Will always feel a bit sorry for the type of people who come to live in Thailand and spend all their waking hours worrying about being screwed over, rather than enjoying a beautiful place and people.

[cheeryble]

My wife and I have bought some land in Saraphi, close to the Ping River, just upstream from the weir. We will be ready to start building a house soon and would be interested in hearing from anyone who has recently built in this area. We don't have a builder lined up as yet and would like to hear of any good ones in the Saraphi district, and perhaps any to avoid. I have been told to be careful who I use to do the job, and have heard some real horror stories.

Thanks, Mikemac

Presuming you're on the east side of Ping and north of wide main canal that comes east off weir (wife has house south of there I often bike up and across weir and back the other side.)

AAMOF we're interested in a piece that area so I fshall ollow yr thread with interest.

How experienced are you?

I have done a lot of building type stuff including hands on so may be helpful to you but am changing building firms from last works (condo renovation) so I have a new, probably good, builder his wife is friend of my wife, but cannot fully recommend to you yet.

In any case good luck.

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[Beetlejuice]

Even if after the death of a Thai spouse no one tries to make any claims on the marital land, the farang may still have to prove it`s legality during the selling of the land, and if all is not in order the Government can confiscate the land under the law, because it`s not simply a process that a farang widower just places a land up for sale with no questions asked, there is more involved to it than that.

You have an epic ability of presenting crazy horror stories as common practise. Yes, this is still Thailand. Bad stuff happens. Yes there are people getting in trouble in all kinds of scenarios, like traffic accidents, business disputes; you name it. That doesn't mean that the bar-stool wisdom is actually what typically happens.

For mortgaged property, the bank owns it. They expect monthly payments for the next 20 years. They don't let any relative move in when they're not on the mortgage and aren't paying for it.

Secondly, transferring to your children's name in the case where a Thai spouse dies is the most logical way to proceed. Then you don't need to urgently sell it. (And if you have children, sooner or later they should end up with the property anyway.) Once in a child's name it's no longer easily sellable but given that we're families here and not dodgy property speculators, that doesn't matter.

As for paying the mortgage, the Mrs has plenty income, not to mention funds from selling/mortgaging other land.

Hi Winnie, I'm really interested in the idea of putting real property in the name of my child. Could you suggest any links to read up on this idea? I've scoured the net but come up with a lot of ads, scam sites, as well as conflicting information. Thanks.

A real estate can be placed into the name of a child or children of any age providing the child or children are Thai citizens.

How it works:

Firstly, the land and property must be in the name of the child’s Thai mother. For example: if the farang and his Thai wife used another Thai name to purchase the real estate, such as a family member, lawyer, business partner, company and so on, than the real estate must be transferred into the Thai mother’s name then after approx 6 weeks it can be transferred into the name of the child or children. Also, land cannot be directly bought in the children's names. It first has to be transferred from the sellers name to the Thai wife`s name, than later to the child`s name. There will be tax to pay during the property transfers, but it won`t break the bank. There could be complications involved if the land has any loans attached to it and this is something that must be negotiated with the leader and all other parties concerned.

In a way the real estate or land is placed in a form of trust for the children. The child will have no authority over the estate until it reaches the age of 21, but prior to the age of 21, the Thai mother still holds absolute rights over the property, she can rent it or sell the property, even take out loans on the property, because under Thai law the Thai mother is always given priority over guardianship of the child and any assets belonging to the child, unless proven unfit to do so. She can even nominate another man to be the official father in the cases of separation and divorce in some circumstances, which is another story that I will not delve into now.

Once the child or children reach the age of 21, they then gain absolute rights over the land and property, the Thai mother’s rights or any one else’s rights over the property are then relinquished, unless there are loans involved.

The benefits:

In the case of a divorce, the farang husband can argue his case in a court of law that the said property is for the benefit as a home and future investment for his children and therefore will have a strong case if the wife tries to sell the property, but it`s still at the discretion of the judge and much depends on circumstances.

In the event of the death of a Thai wife, the farang husband cannot be imposed to leave or sell the property, although he will have no rights over it, but he may be able to state his case in court and appeal to the judge.

In the event of the death of both parents, no one else can lay claim to the land and property, especially if the child or children are living elsewhere in Thailand or abroad or for whatever reasons are not on the scene.

But and it`s a big BUT, in all cases if the real estate comes under dispute by either family members or any one else regarding all the above and it is proven that any land and property concerned was purchased not strictly under Thai law, than the court can award the property to whoever it sees fit or the Government can confiscate the property by order of the court. Placing land and real estate into the names of Thai children is not a means of bypassing the imposed farang ownerships of land and property laws in Thailand.

[elektrified]

Thanks. Very informative post. I'm not looking to find a way around Thai law regarding property ownership. IF I were to buy some lot somewhere, it would be for the benefit of my child. His mother already has some lots which will of course go to the child. I much prefer shares to real property but in Thailand such a big deal is put on real property.

[WinnieTheKhwai]

Do not listen to sales people or others who recommend certain products from large companies as superior to those of smaller ones as it is mostly stupid made up stories circulated by the big companies - avoid a certain big roof-tile company like the plague!

Out of curiosity, which company do you recommend for cheap large roof tiles, and which aren't so good? This is for the back of a townhouse and that part of the roof isn't even visible, so just looking for those large tile panels. No requirements beyond keeping the rain out.

(We might do some insulation but will do that when replacing the ceiling.)

[Cnxforever]

Do not listen to sales people or others who recommend certain products from large companies as superior to those of smaller ones as it is mostly stupid made up stories circulated by the big companies - avoid a certain big roof-tile company like the plague!

Out of curiosity, which company do you recommend for cheap large roof tiles, and which aren't so good? This is for the back of a townhouse and that part of the roof isn't even visible, so just looking for those large tile panels. No requirements beyond keeping the rain out.

(We might do some insulation but will do that when replacing the ceiling.)

I don't have a particular brand in mind for the large tiles - but they all make very good large fiber tiles now in different colors they would surely suit you - they also don't create such a bad noise when it rains compared to the metal ones.

I just had a horrible experience with a large roof tile company - who I will never ever buy a single roof tile from again.

Not only did they deliver 7000 roof tiles 1 month late but in three different shades - not visible during delivery - only when most of them where up and the sun was shining on them- the different shades could be seen.

We called the supplier of the tiles and he forwarded a complaint to the tile company - they acknowledged that there was something wrong with the tiles - but did nothing about it for 6 month!

After that I contacted a friend who is an architect at Chiang Mai university who in turn complaint to them they showed up - almost 8 month after the delivery! They then acknowledged the problem and offered to paint over the tiles!! I refused knowing the paint will not last long when exposed to sun and rain and offers no reflection which is the reason why one buys there expensive tiles in the first place.

They then replaced some and screwed around for a month and without our knowledge painted over some tiles and over some partly - a year after the job the paint they had used changed color and the roof looked horrible and it cost us a lot of time and money to rectify their mistake.

I have now seen the different shades on several roofs around Chiang Mai - so this is not an isolated case. I stopped at one building and asked the people working there if they had seen that the tiles have different shades of the color they had ordered and they said yes they had already complained about it to the supplier - but had heard nothing back from the tile company.

This roof-tile company was recommended by every supplier we checked with - they probably make the best profit on them - that seems to be the only reason why they would recommend them because obviously their product and after sales suck big time!

[WinnieTheKhwai]

Okay, and which company is it?

I'm just going with Trachang tiles I think. And color doesn't matter much anyway as those tiles aren't visible except from the back where few people see it.

[Cnxforever]

Okay, and which company is it?

I'm just going with Trachang tiles I think. And color doesn't matter much anyway as those tiles aren't visible except from the back where few people see it.

you should be fine with Trachang tiles!

I thought we can not name and shame companies here?

Let me just say the company I had the problems with - their name starts with a "C" - and they obviously "pack" their tiles not according to serial numbers - because one and the same tile with a certain color shade should have had the same serial number printed on them which we found out later they did not - they where stamped with numbers which where not even in their catalog anymore.

[Gentlemc]

http://www.cpacmonier.com.ph/aboutus.asp This link.

[cheeryble]

Do not listen to sales people or others who recommend certain products from large companies as superior to those of smaller ones as it is mostly stupid made up stories circulated by the big companies - avoid a certain big roof-tile company like the plague!

Out of curiosity, which company do you recommend for cheap large roof tiles, and which aren't so good? This is for the back of a townhouse and that part of the roof isn't even visible, so just looking for those large tile panels. No requirements beyond keeping the rain out.

(We might do some insulation but will do that when replacing the ceiling.)

I don't have a particular brand in mind for the large tiles - but they all make very good large fiber tiles now in different colors they would surely suit you - they also don't create such a bad noise when it rains compared to the metal ones.

I just had a horrible experience with a large roof tile company - who I will never ever buy a single roof tile from again.

Not only did they deliver 7000 roof tiles 1 month late but in three different shades - not visible during delivery - only when most of them where up and the sun was shining on them- the different shades could be seen.

We called the supplier of the tiles and he forwarded a complaint to the tile company - they acknowledged that there was something wrong with the tiles - but did nothing about it for 6 month!

After that I contacted a friend who is an architect at Chiang Mai university who in turn complaint to them they showed up - almost 8 month after the delivery! They then acknowledged the problem and offered to paint over the tiles!! I refused knowing the paint will not last long when exposed to sun and rain and offers no reflection which is the reason why one buys there expensive tiles in the first place.

They then replaced some and screwed around for a month and without our knowledge painted over some tiles and over some partly - a year after the job the paint they had used changed color and the roof looked horrible and it cost us a lot of time and money to rectify their mistake.

I have now seen the different shades on several roofs around Chiang Mai - so this is not an isolated case. I stopped at one building and asked the people working there if they had seen that the tiles have different shades of the color they had ordered and they said yes they had already complained about it to the supplier - but had heard nothing back from the tile company.

This roof-tile company was recommended by every supplier we checked with - they probably make the best profit on them - that seems to be the only reason why they would recommend them because obviously their product and after sales suck big time!

If you can put together a simple and very clear case against this company I'd say if you credibly threaten them with action you may get your roof replaced. It is out of order to suggest painting a section (unless.....possibly.....they are using the identical paint to original).

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[cheeryble]

Back to topic

MikeMac

You opened by looking for a builder and were immediately warned by Ramrod about Thai architects running the job.

I have no doubt his figure of 30% is truthful in his case (though I'm not sure what it's for), but whilst I cannot exactly quote you an architect %age generally used I can say I have been very surprised before how reasonable it was here compared to back home.

I also know that among several lawyers I have dealt with here one tried to rip me off with an outrageous fee.

Here's the thing:

You need to make a policy decision.

It looks like you are not long on conctruction experience.. Fair?

You therefore have to decide to run it yourself or have someone supervise the lot with a chain of command.

On the build it yourself side:

Many TVers do this.

Some have experience from a past life or were even professional builders.

Even some of these will have a tough time for one reason or another.

Others are light on experience.

They may be really lucky with their builder.....I've heard of some....and this plus following the job closely and putting in time may give a happy outcome...but sure they will have their mind occupied worrying about the job.

They may also have anything including frustration, delay, and extra cost which will ruin a year of their lives.

On the general contractor side:

I had a friend who recently had a ready built bare bones unit completely prepared for use including design, custom furniture and curtains, the lot. It was by a contractor he had heard enough of to trust. I have seen the job, it is first class and the design optimised the space which itself has value.

The place was cleaned and valeted!

He saved some months of his life from frustration, and he got in as quickly as was possible so he got time value from use of the unit.

Essentially everything is settled in an intense design phase early on, after which you should be able to enjoy your life.

What I'm saying is MikeMac sometimes saving money at first sight loses you in other ways, and if you are inexperienced there is a good case for buying the whole job.

Even this requires skill in finding the right company, knowing which questions to ask, and in negotiation and contract.

I'll repeat that,

Even this requires skill in finding the right company, knowing which questions to ask, and in negotiation and contract....including stages and inspections.

Obviously important is your financial status and if you need to save money by overseeing the job (and remember you may not if you call time money).....or even if you just like the idea of doing it yourself.

Which part of the spectrum do you come?

Cheeryble

Just a rejoinder, DO realise that time and money is saved by forethought and DETAILED planning.

It takes TIME, but the more the better.

SPECIFY, in words and even better in drawings, and SPECIFY AGAIN.

Contracts are good.....not particularly because they enable you to sue....it's too late then.....but because they MAKE THINGS CLEAR, especially on timelines.

They are a from of SPECIFICATION.

Tattoo it on your forehead (back to front).

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[Dante99]

Do not listen to sales people or others who recommend certain products from large companies as superior to those of smaller ones as it is mostly stupid made up stories circulated by the big companies - avoid a certain big roof-tile company like the plague!

Out of curiosity, which company do you recommend for cheap large roof tiles, and which aren't so good? This is for the back of a townhouse and that part of the roof isn't even visible, so just looking for those large tile panels. No requirements beyond keeping the rain out.

(We might do some insulation but will do that when replacing the ceiling.)

I don't have a particular brand in mind for the large tiles - but they all make very good large fiber tiles now in different colors they would surely suit you - they also don't create such a bad noise when it rains compared to the metal ones.

I just had a horrible experience with a large roof tile company - who I will never ever buy a single roof tile from again.

Not only did they deliver 7000 roof tiles 1 month late but in three different shades - not visible during delivery - only when most of them where up and the sun was shining on them- the different shades could be seen.

We called the supplier of the tiles and he forwarded a complaint to the tile company - they acknowledged that there was something wrong with the tiles - but did nothing about it for 6 month!

After that I contacted a friend who is an architect at Chiang Mai university who in turn complaint to them they showed up - almost 8 month after the delivery! They then acknowledged the problem and offered to paint over the tiles!! I refused knowing the paint will not last long when exposed to sun and rain and offers no reflection which is the reason why one buys there expensive tiles in the first place.

They then replaced some and screwed around for a month and without our knowledge painted over some tiles and over some partly - a year after the job the paint they had used changed color and the roof looked horrible and it cost us a lot of time and money to rectify their mistake.

I have now seen the different shades on several roofs around Chiang Mai - so this is not an isolated case. I stopped at one building and asked the people working there if they had seen that the tiles have different shades of the color they had ordered and they said yes they had already complained about it to the supplier - but had heard nothing back from the tile company.

This roof-tile company was recommended by every supplier we checked with - they probably make the best profit on them - that seems to be the only reason why they would recommend them because obviously their product and after sales suck big time!

If you can put together a simple and very clear case against this company I'd say if you credibly threaten them with action you may get your roof replaced. It is out of order to suggest painting a section (unless.....possibly.....they are using the identical paint to original).

Sent from my iPad using ThaiVisa app

This company does replace roofs, I know of several nearby that were replaced. Make a case and present it calmly.

A very experienced CM roofer told me that some of their tiles and colors we're good and others were not.

[worgeordie]

Horror stories!!!!! Believe them. All true. I had a friend who was building a house in Mae Jo and before it was done he had to move to Isaan in fear of his life from the contractor!

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Why ? was he not paying the contractor

regards Worgeordie

[worgeordie]

You have to be on site daily,eyes wide open,you will not

be very popular,but you might just catch them stuffing

old cement bags in spaces,before they cement over it !

They can follow plans if every thing is square,ask for

a different shape of any form,they will have you tearing

your hair out,trying to get across what you want,think its

a game called winding up the farang.

good luck,dont forget the Valium, regards Worgeordie

[Beetlejuice]

Well, it states in the will what they are entitled to, and what I am entitled to. This is the last will and testament of my legal wife, made by a very experienced Thai lawyer. Now why should I be concerend about this not holding weight? If Thailand was that bad, no businesses would ever set up here. There IS a working legal system.

Also, you dont know a thing about my inlaws....there are some fair and educated people in this country you know.

You cannot be left something in a will that you’re not legally entitled to own, and I don`t care if your lawyer was Perry Mason and how experienced you claim he/she is, plus you don`t know your in-laws, even if you think you do.

Another poster has said he would claim ignorance if in the event the matter went to court. Ignorance is no defence under the law.

You people truly amaze me, you have all your strategies worked out under some kind of wrapped logic, but all excluding conducting your business here as required under the law.

The problems are that in many cases the farang/Thai married couples are unable to comply with the terms and regulations regarding the ownerships of land, real estate and some businesses, and therefore are forever trying to seek loopholes in the system and enter in via the back door in the hope that no one will notice.

Whatever and let this be understood, there are no loopholes in the laws that permit Westerners to own land, property and businesses. These matters have to be done by official means according to the regulations that apply, otherwise it`s based on a hope and a prayer that all will work out and there will not be any complications in the future.

Personally for me, in my home countries I would never, not in a million years, consider buying myself into such vulnerable situations and especially not in Thailand, where if the dice is rolled, the odds are always going to be against the farang.

This is my message to all Westerners considering getting into real estate, land and business ownerships in Thailand, who are unable or simply don`t want to go via the official channels strictly according to Thai law. That it has to be done mainly on the trust of others and at your own risk and discretion.

To conclude: If you have the money to lose without it making too much of an impact on your lives or are the types that enjoy taking a gamble, than go for it, if you believe the odds are in your favour or the worst will never happen. And for those who believe this is scaremongering, I advise you check out the laws yourselves, as what I have quoted above are not simply rumours or something out of a fiction novel.

[cheeryble]

You cannot be left something in a will which you're not legally entitled to own.....

I don't have a dog in the fight, but if this were so in some events it could bring serious problems as estates have to be executed in an acceptable way the main thing being the intent of the deceased and real property likely being the largest asset.

I also know personally as fact of an estate being returned......for disposal yes but that's what we're talking about here aren't we..... to a farang who told the LO he had provided funds for the buy to a Thai woman as a surrogate and now realised he shouldn't have done this. Yes he had to dispose but yes he got the dough.

That being the case BJ could you reference where you found your information as folks need to know.

Cheeryble YP

(you people)

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[Beetlejuice]

You cannot be left something in a will which you're not legally entitled to own.....

I don't have a dog in the fight, but if this were so in some events it could bring serious problems as estates have to be executed in an acceptable way the main thing being the intent of the deceased and real property likely being the largest asset.

I also know personally as fact of an estate being returned......for disposal yes but that's what we're talking about here aren't we..... to a farang who told the LO he had provided funds for the buy to a Thai woman as a surrogate and now realised he shouldn't have done this. Yes he had to dispose but yes he got the dough.

That being the case BJ could you reference where you found your information as folks need to know.

Cheeryble YP

(you people)

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One of my sons will soon become a fully-fledged lawyer here in Chiang Mai and my other son and my wife’s nephew are policemen in Chiang Mai and my daughter works as a secretary for a major Thai bank and deals with the International section mainly with foreign clients.

I worked as a PR manager for a company based in Spain for 25 years and dealt with many large Thai and foreign owned companies in Thailand, it was part of my job to know the laws and guide these companies in the right direction.

I and my family are our own sources of information, mainly due to our training, experience and expertise that I am passing on as an advisory to those who may consider settling in Thailand for the long term and those who have a lack of experience with these matters already living here.

You may know of a farang who had to dispose of his estate and all went well, but the problems start if these matters are challenged or fall into dispute, so as I said previously, it`s down to one’s own risk and discretion. At the end of the day., it`s up to you.

Anyone with more than 4 brain cells will know exactly what I am trying to explain.

[cheeryble]

You cannot be left something in a will which you're not legally entitled to own.....

I don't have a dog in the fight, but if this were so in some events it could bring serious problems as estates have to be executed in an acceptable way the main thing being the intent of the deceased and real property likely being the largest asset.

I also know personally as fact of an estate being returned......for disposal yes but that's what we're talking about here aren't we..... to a farang who told the LO he had provided funds for the buy to a Thai woman as a surrogate and now realised he shouldn't have done this. Yes he had to dispose but yes he got the dough.

That being the case BJ could you reference where you found your information as folks need to know.

Cheeryble YP

(you people)

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One of my sons will soon become a fully-fledged lawyer here in Chiang Mai and my other son and my wife’s nephew are policemen in Chiang Mai and my daughter works as a secretary for a major Thai bank and deals with the International section mainly with foreign clients.

I worked as a PR manager for a company based in Spain for 25 years and dealt with many large Thai and foreign owned companies in Thailand, it was part of my job to know the laws and guide these companies in the right direction.

I and my family are our own sources of information, mainly due to our training, experience and expertise that I am passing on as an advisory to those who may consider settling in Thailand for the long term and those who have a lack of experience with these matters already living here.

You may know of a farang who had to dispose of his estate and all went well, but the problems start if these matters are challenged or fall into dispute, so as I said previously, it`s down to one’s own risk and discretion. At the end of the day., it`s up to you.

Anyone with more than 4 brain cells will know exactly what I am trying to explain.

Thankyou BJ

With respect, without reference to statute we have to consider your statement as coming from you or a Thai policeman or a trainee lawyer's opinion, and weigh it's reliability on that basis.

BTW the farang who disposed of the estate was very strongly disputed.

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[cheeryble]

Actually VIBE that's useful information thankyou.

I wonder if this can have any sort of application to unregistered land as we own some. I mean we can't own registered land yet inheritance + disposal applies, so why not to unregistered land despite the same stringencies?

BTW many do not register a marriage for practical reasons about have to co-sign everything legal, but it seems it's certainly a good idea for everyone to get formally married before death to save substantial tax for small effort.

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[Beetlejuice]

You cannot be left something in a will which you're not legally entitled to own.....

I don't have a dog in the fight, but if this were so in some events it could bring serious problems as estates have to be executed in an acceptable way the main thing being the intent of the deceased and real property likely being the largest asset.

I also know personally as fact of an estate being returned......for disposal yes but that's what we're talking about here aren't we..... to a farang who told the LO he had provided funds for the buy to a Thai woman as a surrogate and now realised he shouldn't have done this. Yes he had to dispose but yes he got the dough.

That being the case BJ could you reference where you found your information as folks need to know.

Cheeryble YP

(you people)

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One of my sons will soon become a fully-fledged lawyer here in Chiang Mai and my other son and my wife’s nephew are policemen in Chiang Mai and my daughter works as a secretary for a major Thai bank and deals with the International section mainly with foreign clients.

I worked as a PR manager for a company based in Spain for 25 years and dealt with many large Thai and foreign owned companies in Thailand, it was part of my job to know the laws and guide these companies in the right direction.

I and my family are our own sources of information, mainly due to our training, experience and expertise that I am passing on as an advisory to those who may consider settling in Thailand for the long term and those who have a lack of experience with these matters already living here.

You may know of a farang who had to dispose of his estate and all went well, but the problems start if these matters are challenged or fall into dispute, so as I said previously, it`s down to one’s own risk and discretion. At the end of the day., it`s up to you.

Anyone with more than 4 brain cells will know exactly what I am trying to explain.

The details of your family members being students, police men and a secretary have no bearing on Thai LAW, nor does your experience as a PR manager.

It was explained to me via two different lawyers that land may be willed to a Farung, and then the Farung has one year to sell the said properties.

You are making a mountain out of a mole hill.

If there is a legal will in place, why would I or any other Farung be at risk?

You are assuming that the extended family would contest the will, and you are assuming that they would win. Your assumptions are not based on reality. Anyone with 2 brain cells can see this.

Just becuase you are too risk adverse to invest in Thailand, does not mean that its a risky place. It only means that its too risky for YOU. I, along with many others, have made very good returns investing in Thailand via differnt asset classes.

I will try to explain in a way that even you may understand.

In the majority of cases (although there are exceptions) between marriages of farangs and Thais regarding the purchasing of land and real estate, the funds provided for the purchase must be under the law, the Thai spouses money, with documentation to substantiate that in fact the land was bought solely by the Thai spouse, without any financial contributions from the farang husband.

If in the event of the death of a Thai spouse, there being a will or not and the ownership and rights of being the next of kin is contested in the courts by the spouse’s family and If any discrepancies are found regarding the legally of the purchase of land and/or real estate, the farang husband can lose out to those contesting the ownership of the estate. If proven that the land was not purchased strictly according to Thai law or the farang husband is unable to clarify that the land was purchased solely with his Thai wife’s money, then the rights of farang husband over the estate go down the toilet and the conclusion of the matter falls under the discretion of the judge.

So let us suppose that that there is a farang man married to a Thai lady and they own a land and property or more than one real estate that is worth a substantial amount of money, perhaps millions. Than if in the event of the Thai wife’s death, her ever loving, ever caring family have nothing to lose by trying to lay claim to the estate in the civil court. I have known of several cases like this that have happened here in the past and the farang husbands have lost out big time.

What I said previously still stands; it`s all up to your own risk and discretion. My motto in life is and has always been, cover your own a-se at all times and never leave yourself vulnerable to luck, and on the trust of the face value of others.

UP TO YOU.

[cheeryble]

So BJ what you seem to be shifting to now is a reiteration of "be careful about funding it can later bring problems".....which thankyou for reminding us but it's not the issue here...............but that in fact the husband, like anyone else, CAN have rights over the estate.

It is good to clear this up, it's important.

ps I can't see how the wife buying land in a way that circumvents the law.....because SHE buys it, not the husband......makes her relatives better candidates to claim it, if anything I'd say worse.

Either the land was legitimately purchased or not.

If proven not, they have nothing to claim on.

If proven proper, the inheritance happens.

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[cheeryble]

If compiled by a Thai lawyer, signed, dated and witnessed, that would be very difficult to contest.

Yes, the point being where does contesting it get you?

In fact who can possibly benefit from a contest......cui bono?

"The State" perhaps comes to mind, but punishment in the form of confiscating a property......probably most peoples' largest asset, is up there with capital punishment, or at least multiple years imprisonment, or removal of a limb.

It would be outrageously inappropriate for what would be at worst a very mild civil statute fraud, not to mention the fact that laws are made by or for the landowning classes who might consider property confiscation up there with child molestation.

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[mamborobert]

Am 100% with VIBE and cheeryble on this one.

One thing I did wonder however is is if the inheritor is also the executor of the will whether that could in theory extend the minimum/maximum periods to sell the property. There is as I understand no time limits on execution of wills in Thailand and I did ponder that if there was no one contesting then there was no urgent or immediate catalyst for actual execution of the will or indeed property transfer.

All this other worry on the will validity and Thai law seems a bit paranoid. Thailand must be really really dangerous as wills are never contested in the west

Apologies to the OP.......we have moved a tad away from buidling a house in Sansai.

[cheeryble]

You are correct. Its more important that the legal husband be the executor of the estate, rather than have the land willed to him. He can infact be both, so he will decided when to carry out the execution of the will and pass the land to himself. He will THEN have one year to sell it. There is no government office that follows up on wills to see that the wishes have been carried out. In theory, it can remain as part of the estate for quite some time.

This info was also passed to us by our Thai lawyer.

So the it's really only a question of how to deal with the wife :-)

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[lifeincnx]

The most important advice I can offer if you plan to build your own home here in Thailand is:

1. Patience and Persistence. You will need both.

Then...

2. Plan to be onsite every day.

3. Carry a tape measure and pocket level at all times.

4. Spend considerably more time on a good set of detailed plans, and make sure your builder really understands them before you start. Check, recheck.

5. If you don't speak Thai, be sure to have a Thai partner that can translate your questions and issues well to your builder, suppliers, and sub-contractors.

6. Never assume.

7. Go back to advice #1 and you'll do just fine.

[onthedarkside]

The most important advice I can offer if you plan to build your own home here in Thailand is:

1. Patience and Persistence. You will need both.

Then...

2. Plan to be onsite every day.

3. Carry a tape measure and pocket level at all times.

4. Spend considerably more time on a good set of detailed plans, and make sure your builder really understands them before you start. Check, recheck.

5. If you don't speak Thai, be sure to have a Thai partner that can translate your questions and issues well to your builder, suppliers, and sub-contractors.

6. Never assume.

7. Go back to advice #1 and you'll do just fine.

I completely agree ..

and one more item ..

8. If you see any poor building practices/shoddy workmanship then be very diplomatic in pointing out the errors of their way, but for sure don't just let it pass without comment, as you will just be building up future problems.