Will gives land to half Thai children living abroad?

[KhunBENQ]

5 hours ago, ellathai said:

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

The offensive post had been deleted by another mod.

[ellathai]

2 hours ago, tom21 said:

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

Another good idea. Thank You

[ellathai]

On 11/23/2016 at 4:45 PM, ellathai said:

Another good idea. Thank You

If you get a 30 year lease and the wife dies and the lease is thru her would l still be made to sold?

 

[DILLIGAD]

If you get a 30 year lease and the wife dies and the lease is thru her would l still be made to sold?
 

That is why I suggested a Usofruct. Legally 'stronger' than a lease but very similar.


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[dentonian]

@ ellathai

 

Under Thai law, in the event of death the property and land will automatically be left to the surviving partner if they are legally married.

 

However as a foreigner cannot own land, and he being the beneficiary, must within 12 months assign the land title to a Thai citizen.

The house can be titled in the foreigners name.

To protect your rights to remain in your house on a Thais land an Usufruct should be obtained which will protect your rights for the next 30 years.

 

As your children have dual nationality, as Thais the land can be maintained in their names and the Usufruct protects your rights to remain.

I cannot see a problem in your situation.

In the event of your subsequent death, the house and land would pass to the children of you and your late wife.

[DILLIGAD]

@ ellathai
 
Under Thai law, in the event of death the property and land will automatically be left to the surviving partner if they are legally married.
 
However as a foreigner cannot own land, and he being the beneficiary, must within 12 months assign the land title to a Thai citizen.
The house can be titled in the foreigners name.
To protect your rights to remain in your house on a Thais land an Usufruct should be obtained which will protect your rights for the next 30 years.
 
As your children have dual nationality, as Thais the land can be maintained in their names and the Usufruct protects your rights to remain.
I cannot see a problem in your situation.
In the event of your subsequent death, the house and land would pass to the children of you and your late wife.

I thought a Usafruct could be drawn up to expire upon the farangs death.
I also thought that Thai inheritance did not automatically go to the surviving partner. Family/children come before a spouse.
Please prove me wrong.


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[dentonian]

An usufruct is usually drawn up for 30 years, or until death.

 

Under inheritance laws 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.

 

A Will leaving the estate to the surviving spouse only, is the only way to prevent direct entitlement by other statutory heirs (children).

 

In the case of no direct statutory heirs or a Will, an estate will be divided in the following order of family;

Parents.

Brothers and sisters of full blood.

Brothers and sisters of half blood

Grandparents

Uncles and Aunties

[DILLIGAD]

Where is the source of that (useful) information.


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[puchooay]

If your wife writes a will she can state that, in the event of her dying first she requests that you can stay in the house until you die or you decide to move out.

 

That is from a good source, that is a couple of guys I know that advise many expats and widows of expats.

[DILLIGAD]

If your wife writes a will she can state that, in the event of her dying first she requests that you can stay in the house until you die or you decide to move out.
 
That is from a good source, that is a couple of guys I know that advise many expats and widows of expats.

Excellent. So where is the law that's stated that good info.


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[puchooay]

7 minutes ago, DILLIGAD said:

Excellent. So where is the law that's stated that good info.


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Probably in a judge's journal somewhere.

[Farma]

Some interesting reading on wills on this link to the Thailand Business and Legal Guide chapter Wills and Probate from the business forum.

 

http://www.bia.co.th/032.html

[dentonian]

1 hour ago, DILLIGAD said:

Where is the source of that (useful) information.


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Thailand's Civil and Commercial Codes contain property law, corporate law, family law, inheritance law, contract law, commercial law, and more. http://library.siam-legal.com/thai-civil-and-commercial-code/

 

For an easy to follow guide on Inheritance law; https://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html

[DILLIGAD]

Some interesting reading on wills on this link to the Thailand Business and Legal Guide chapter Wills and Probate from the business forum.
 
http://www.bia.co.th/032.html

Good read, thanks. So if there are no relatives/family, the spouse can then inherit 100% of the property. If there are, then he can get 50% similar to divorce.

Have I read that right???


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