Pawpal Posted June 26, 2006 Share Posted June 26, 2006 My Thai partner plans to make a will in which his house (for which I lent him the money) would be left to me. However, since farangs cannot own land, would such an inheritance be possible? Can farangs inherit Thai real estate? He only has one close blood relative, a brother who is not a resident of this house. Would Thai courts be inclined to rule in his favor if he chose to contest the will? (Of course, hopefully we'll all live long enough to see the law changed and farangs given more-or-less equal rights with Thais.) Link to comment Share on other sites More sharing options...
Dragonman Posted June 27, 2006 Share Posted June 27, 2006 My Thai partner plans to make a will in which his house (for which I lent him the money) would be left to me. However, since farangs cannot own land, would such an inheritance be possible? Can farangs inherit Thai real estate? He only has one close blood relative, a brother who is not a resident of this house. Would Thai courts be inclined to rule in his favor if he chose to contest the will? (Of course, hopefully we'll all live long enough to see the law changed and farangs given more-or-less equal rights with Thais.) Need more info. Are you male, or female and not married? Marriage enables someone to be a Statutory Heir and have more property rights. Link to comment Share on other sites More sharing options...
staccyy Posted June 28, 2006 Share Posted June 28, 2006 Im not the OP. But-Ill highjack, if I may?. I'm married (female) to a thai national- house and land "rights" in his name. So if he passes what will happen? My money back home will all to be given to my next of kin -(not my thai husband) my car here in thailand, to go to my husband. Presently no Thai will- but I have a will for my next of kin, Stateside. My thoughts are, anything I have here will go to my thai husband and visa versa. My "other" nest egg will remain back home as long as my N.O.K. is alive. Does this mean I need two wills, and if so, is that legal??? Thank you SO much for anyhelp you can offer. Kindly Staccyy Link to comment Share on other sites More sharing options...
Pawpal Posted June 28, 2006 Author Share Posted June 28, 2006 My Thai partner plans to make a will in which his house (for which I lent him the money) would be left to me. However, since farangs cannot own land, would such an inheritance be possible? Can farangs inherit Thai real estate? He only has one close blood relative, a brother who is not a resident of this house. Would Thai courts be inclined to rule in his favor if he chose to contest the will? (Of course, hopefully we'll all live long enough to see the law changed and farangs given more-or-less equal rights with Thais.) Need more info. Are you male, or female and not married? Marriage enables someone to be a Statutory Heir and have more property rights. We're both male. I suppose that further complicates matters. Is it possible for a Thai to will real estate to a non-related foreigner? Link to comment Share on other sites More sharing options...
Dragonman Posted June 28, 2006 Share Posted June 28, 2006 Im not the OP. But-Ill highjack, if I may?. I'm married (female) to a thai national- house and land "rights" in his name. So if he passes what will happen?My money back home will all to be given to my next of kin -(not my thai husband) my car here in thailand, to go to my husband. Presently no Thai will- but I have a will for my next of kin, Stateside. My thoughts are, anything I have here will go to my thai husband and visa versa. My "other" nest egg will remain back home as long as my N.O.K. is alive. Does this mean I need two wills, and if so, is that legal??? Thank you SO much for anyhelp you can offer. Kindly Staccyy Yes, I would advise 2 Wills in your circumstances. It is quite legal but I would advise a Bangkok International Law Firm ( US) draft it. May be more expensive, but where Stateside property does not go to the husband it can be complicated by numerous State Laws. Although I presume the Will has been re drafted since marriage. He will also require a Will as the wife does not get automatic inheritance under Thai Law. You need to be included in the Will as Statutory Heir. Also you may wish to consider a lease or usufruct on the property, as without one you will likely need to vacate the house within 1 year of his death. It also makes the likelihood of a challenge from family members much less. Link to comment Share on other sites More sharing options...
Dragonman Posted June 28, 2006 Share Posted June 28, 2006 My Thai partner plans to make a will in which his house (for which I lent him the money) would be left to me. However, since farangs cannot own land, would such an inheritance be possible? Can farangs inherit Thai real estate? He only has one close blood relative, a brother who is not a resident of this house. Would Thai courts be inclined to rule in his favor if he chose to contest the will? (Of course, hopefully we'll all live long enough to see the law changed and farangs given more-or-less equal rights with Thais.) Need more info. Are you male, or female and not married? Marriage enables someone to be a Statutory Heir and have more property rights. We're both male. I suppose that further complicates matters. Is it possible for a Thai to will real estate to a non-related foreigner? Whether you were male or female Property Law does not assist someone who is not in a position to marry. To be a Statutory Heir you need to be married, otherwise all sorts of challenges are available to family members who are Statutory Heirs. However with a good Will this may be got around. With regard to Property inheritance it is difficult, as you may only inherit and sell if a Statutory Heir. Other than that you can be named as Administrator or Executor (this is at Court discretion), the property can be sold by you and it can be stated in the Will you will receive 100% of funds. Complicated if you are not fluent in Thai. My advice is from my Legal Papers, but I am not a Probate Lawyer, and in your circuimstances I would seek advice from one on how to achieve your requirements. If you do not already have one I would however advise a lease on the property. Link to comment Share on other sites More sharing options...
staccyy Posted June 28, 2006 Share Posted June 28, 2006 Thanks Dragonman- No, just married so its bit more complicate since I haven't been back in years and i am still filling taxes single- my thought towards my husband is what is in Thailand stays here - why would the US want /need to know about the marriage. Yes, I have a lease so I did one thing right! Now of-course if in the next few years we go back to the US we will make it all legal (in the eyes of big brother .. i mean the USA) but thats another question- How does one do all this from here? What papers would I file from here, for the marrige? kindly, Staccyy Link to comment Share on other sites More sharing options...
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