Can a Thai leave his property to his children, by a will, & bypass Thai wife?

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From my understanding the appropriate Thai law says wife gets half, then for the second half the wife and children get equal shares (please correct me if this is wrong).

Is this in a case where the husband has not left a will?

But can the husband make a will which specifically indicates that the wife gets no share of any property and the property is to be shared by the children, or just one specific child (in the case of more than one)?

Aligned question - how many personal names can be on a chanut? Example if there are 4 children and the father leaves one property to all of them, when the property is transferred can all four names be recorded on the chanut?

Also, can the husband make a will which indicates the wife gets no share of the property, the children get the whole value of the property, but the children are required to allow the mother to live in the house until her death?

Please, can I have some aligned information from the experts here on TV, not armchair opinions or discussion about what folks would like to see.

Thank you.

[Beetlejuice]

People can leave anything they like to anyone, providing that they legally independently own what they leave in a will.

Husbands or wives that own something that was specifically purchased by them and was not shared with a spouse, money, vehicles, property, jewellery and so on, can leave to whoever they choose. But if for example a property is a matrimonial home, even if the property was solely purchased and is in the name of a husband, I very much doubt that the husband can exclude his wife as part owner of the property after his death and vice versa.

In the case where children are concerned, parents can exclude their children as being beneficiaries to their estate after both parents have died, meaning they can leave everything to a cats home if they like if a a valid will is made, but in the cases where the estate is not left in testate, the estate by law goes to the next of kin, that could be anyone from children to a fourth cousin twice removed or whoever is established to be of next of kin.

Edited October 27, 2014 by Beetlejuice

[Jip99]

A spouse is number 7 on the list:-

.

1. descendants
2. parents
3. brothers and sisters of full blood
4. brothers and sisters of half blood
5. grandparents
6. uncles and aunts
7. The surviving spouse is a statutory heir, subject to the special provisions of Section 1635 Civil and Commercial Code.

The surviving spouse is a statutory heir but their entitlement depends on what other class of statutory heir exists. If there are surviving children of the deceased, the spouse and children take the estate between them. Therefore, if there are three children, then the estate is divided in to four equal shares.

Thai courts do not recognise a 'trust' which is what would be created if a property was bequeathed to children subject to the right of occupation by a surviving spouse. A controller of the property can be appointed - e.g. where the children are minors.

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People can leave anything they like to anyone, providing that they legally independently own what they leave in a will.

Husbands or wives that own something that was specifically purchased by them and was not shared with a spouse, money, vehicles, property, jewellery and so on, can leave to whoever they choose. But if for example a property is a matrimonial home, even if the property was solely purchased and is in the name of a husband, I very much doubt that the husband can exclude his wife as part owner of the property after his death and vice versa.

In the case where children are concerned, parents can exclude their children as being beneficiaries to their estate after both parents have died, meaning they can leave everything to a cats home if they like if a a valid will is made, but in the cases where the estate is not left in testate, the estate by law goes to the next of kin, that could be anyone from children to a fourth cousin twice removed or whoever is established to be of next of kin.

Is your response totally specific to Thai law?

[honoluludave]

The best thing you can do is talk to an actual lawyer. The laws are always changing.

[shaurene]

What the hell are you asking this for to get a proper answer.

Ask it on "Ask a lawyer" for gods sake if you want a correct answer.

[henry15]

Yes it can. By Thai laa its possible by last will to disoen somebody. I have been an appointed executorcof the estate. And the Thai woman who made the will disowned her Daughter, brothers and sisters, and left by that last wiil, all her belongings, house and lande and her jewelry to her foreign husband.

When the land is less than 1 rai, the foreign husband can inherrent that land,and will have 100% full ownershipnto thst land, and can do with it as he pleases. He don't have to put that land on sale. He can even give it by will to another foreigner, but that foreigner have to sell that land in 365 day's

[Jip99]

He cannot own the land - he can inherit but a foreigner can NEVER 'own' land. No Land Office will EVER register a Farang name.

The Will/executor will have to be approved by a Thai court (similar to obtaining probate).

[henry15]

Sorrybtk say but you are wrong. I am a foreigner, and I was apointed by the Civil court as executor ofvthe estate. And i can confirm that that the husband of the deceased Thai National, inherited the land, his name is on the Chanotte as the only owner. Even more, during the procedure the land was even transferred to me, and I, as exvecutorvofvthe estate transferred than the land to the husband.

Its was a difficult and long proceduren (about 5 months). But it is the law, that a foreigner inherit land from his spouse and have 100% legal ownershipnas long as it is not larger than 1 rai. And 100% full ownership means he dont have to sell that land and his name is on the Chanotte.

The transfer on the chanotte was made in the Landdepartement in Laksi.