Will gives land to half Thai children living abroad?

[ellathai]

Hi All

Got this idea and wondering if any of you have done it.

My 2 children are 50/50 Thai/Australian, they were born in Australia and live there.

They have Thai passports as well as Australian, when my Thai wife and l retire in Thailand on our land/house (wifes name) and they come over to visit l want them to get Thai ID cards (which l see other members have done) there ages are 21 and 23.

Now my idea is after all that is done, make a will that in the event my wife passes before me that the house and land would go to the kids and thus allow me to stay on the property, so l wouldn't have to sell it within a year.

Have any of you done this? Is it even feasible or am l just hoping for to much?

 Thanks

[Briggsy]

How is the land currently owned?

 

Oops (wife name).

[ellathai]

Just now, Briggsy said:

How is the land currently owned?

My wife owns the land outright and we intend to build on it next year.

She bought the land about 5 years ago

[Briggsy]

So, just for clarity, this would be a will of your wife?

[DILLIGAD]

That makes good sense to me.


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[ellathai]

30 minutes ago, Briggsy said:

So, just for clarity, this would be a will of your wife?

Yes it would

[ellathai]

15 minutes ago, DILLIGAD said:

That makes good sense to me.


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l know, but unfortunately Thailand and good sense don't always go together

[steve187]

they would need to have Thai id and be on a house book, would that then make them liable to the Thai draft, if male.

[ellathai]

1 minute ago, steve187 said:

they would need to have Thai id and be on a house book, would that then make them liable to the Thai draft, if male.

Luck would have it there girls. Good point on the blue book. So ID first then add to blue book?

[DILLIGAD]

l know, but unfortunately Thailand and good sense don't always go together

True and don't I know it.
Maybe as a 2nd step, then get a usafruct covering your home situated on land (then) owned by your kids. That would stop any possibility of the land being 'pawned off' under your feet and your home would be 100% legal during your lifetime.


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[dentonian]

43 minutes ago, ellathai said:

Luck would have it there girls. Good point on the blue book. So ID first then add to blue book?

 

You have to be in the Tabian Baan first to get an ID card.

 

 

[LannaGuy]

53 minutes ago, DILLIGAD said:

True and don't I know it.
Maybe as a 2nd step, then get a usafruct covering your home situated on land (then) owned by your kids. That would stop any possibility of the land being 'pawned off' under your feet and your home would be 100% legal during your lifetime.


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this

[BOBAKAT]

Boys have to Be on tabian ban ( blue book) :   that's all.

 

If the mother pass before or after you....Aniway, they are Heirs of their mother...That's all....

 

But if the mother go first and they want to sale the field and house, you have nothing to say.....just go  :)

[DILLIGAD]

Boys have to Be on tabian ban ( blue book) :   that's all.
 
If the mother pass before or after you....Aniway, they are Heirs of their mother...That's all....
 
But if the mother go first and they want to sale the field and house, you have nothing to say.....just go  :)

And if you have a Usafruct?


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[Michael Hare]

I have been through this process. My Thai wife died in 2007 here in Ubon. The land and house were in her name. Both I and my son's names were in the blue house registration book. My son is half NZ and half Thai. He has both nationalities. Just before dying, my wife got our family lawyer in to make a Will leaving the house and her car to our son. The lawyer said even if a Will is not made, the house and land would automatically go to our son (only child).

 

After her death, the car ownership was transferred to my son. Easy process with the presentation of the death certificate and other documents. The land and house transfer went through the court in Ubon. Everything was handled by the lawyer. He made no mention of the Will , because he said if it was mentioned, the process takes many months longer.

 

In 2015 I married again. As my son was unlikely to return to live in Ubon, we decided to sell the property because my new wife’s house in Ubon was better than mine, she didn’t want to move and my son wants to live in Bangkok. The house was sold. My son got the money (early inheritance) and has purchased property in Bangkok.

 

I recommend to the OP to get a good lawyer that can act on your behalf if your wife did die before you. As your children live in Australia, they would not be familiar with the legal system here. Never, never get anyone from your wife’s family to act on your behalf or get involved in your legal matters.

[Johnniey]

6 hours ago, DILLIGAD said:

True and don't I know it.
Maybe as a 2nd step, then get a usafruct covering your home situated on land (then) owned by your kids. That would stop any possibility of the land being 'pawned off' under your feet and your home would be 100% legal during your lifetime.


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If he can't trust his kids he wouldn't be building a house and wanting them on his will!!

[Michael Hare]

4 hours ago, Johnniey said:

If he can't trust his kids he wouldn't be building a house and wanting them on his will!!

 

He trusts his kids. It is the safeguard against maybe his wife's family wanting a piece of the estate. Remember that the OP's children live in Australia and may not be fluent in Thai. I remember clearly when my late wife died, family whom I was close too for over thirty years, saying that now the "bank" had died. 

[Johnniey]

6 hours ago, Michael Hare said:

Never, never get anyone from your wife’s family to act on your behalf or get involved in your legal matters.

Surely that depends on your relationship with them and if they are rich or poor.

 

How many grandparents/aunts/uncles would rip off their grand kids?

[DILLIGAD]

Surely that depends on your relationship with them and if they are rich or poor.
 
How many grandparents/aunts/uncles would rip off their grand kids?

You are going to think of me as negative and anti-Thai but I'd say many in rural areas. Gambling addictions are rife and can (possibly) break up good families as well as bad.


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[paul18620]

2 hours ago, Michael Hare said:

 

He trusts his kids. It is the safeguard against maybe his wife's family wanting a piece of the estate. Remember that the OP's children live in Australia and may not be fluent in Thai. I remember clearly when my late wife died, family whom I was close too for over thirty years, saying that now the "bank" had died. 

what do you mean by "the bank has died " your the falang and your still alive 

[ellathai]

8 hours ago, Michael Hare said:

 

He trusts his kids. It is the safeguard against maybe his wife's family wanting a piece of the estate. Remember that the OP's children live in Australia and may not be fluent in Thai. I remember clearly when my late wife died, family whom I was close too for over thirty years, saying that now the "bank" had died. 

That's really awful, l have known my wife's family for about the same time, you can't help but trust them, but then who knows. l think that's an excellent idea about the land and house being in the girls names, will discuss that with the wife.

[BOBAKAT]

19 hours ago, DILLIGAD said:

And if you have a Usafruct?


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Usufruct act look like is a good idea...But, not sure in front of court if the act really work in even someon wife family  one argue on it...

[LannaGuy]

11 hours ago, paul18620 said:

what do you mean by "the bank has died " your the falang and your still alive 

 

she was the 'connection' I assumed this is obvious? all Thais will look at a Thai marrying a farang as a 'bank' because that's how Thais are as the 'bank' will move on to someone new with a new family etc.  Call me cynical but that's how it IS

[ellathai]

On 11/21/2016 at 0:48 PM, DILLIGAD said:

True and don't I know it.
Maybe as a 2nd step, then get a usafruct covering your home situated on land (then) owned by your kids. That would stop any possibility of the land being 'pawned off' under your feet and your home would be 100% legal during your lifetime.


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Why does a simple question always end up in a Sh''t fight

[Scott]

An inflammatory post has been removed.   Please be civil when posting.  

[ellathai]

1 minute ago, Scott said:

An inflammatory post has been removed.   Please be civil when posting.  

Thank You

 

[puchooay]

3 hours ago, LannaGuy said:

 

she was the 'connection' I assumed this is obvious? all Thais will look at a Thai marrying a farang as a 'bank' because that's how Thais are as the 'bank' will move on to someone new with a new family etc.  Call me cynical but that's how it IS

 

Hi Cynical

 

You say "all Thais". Just wondering how many Thais you actually know. 

[DILLIGAD]

Why does a simple question always end up in a Sh''t fight

Sorry but I don't feel my suggestion is anything like you suggest. Its just tying up lose ends to cover any sort of eventuality and not looking with rose-tinted glasses.

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[ellathai]

7 hours ago, DILLIGAD said:

Sorry but I don't feel my suggestion is anything like you suggest. Its just tying up lose ends to cover any sort of eventuality and not looking with rose-tinted glasses.

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My apologies. Was referring to someone else not you. Your remarks have been very helpful.

[tom21]

why not get a 30 year lease on the property,  then if the wife dies first and the children inherit the property they can not evict the holder of the lease , not that they would want to