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View Full Version : Who will inherit Thai property if something happened to my wife?



Gary & Su
29th Mar 2010, 10:55
We have bought a house in Thailand, it is in my wife's name.
We paid about £15000 each, so only a small investment on my part.
We have two children so hopefully it will end up with them eventually.

What happens if something happened to my wife, while we are still married.
Who will inherit the property.
Will it be our kids, or will another member of my wife's family have some claim on the land/house.

She doesn't have a will in Thailand.

Thanks

Gary

ddwjg
29th Mar 2010, 12:27
We have bought a house in Thailand, it is in my wife's name.
We paid about £15000 each, so only a small investment on my part.
We have two children so hopefully it will end up with them eventually.

What happens if something happened to my wife, while we are still married.
Who will inherit the property.
Will it be our kids, or will another member of my wife's family have some claim on the land/house.

She doesn't have a will in Thailand.

Thanks

Gary

Gary, this is a question many of us ask.

In your case I would think, as long as they maintain their Thai nationality, the children will inherit the property.

I read a thread recently that seemed to indicate that under Thai Law, a male child had to choose, if a dual national, between his adopted country or Thailand, when he reached conscriptable age. This may be a factor to consider, when assessing the situation, as I don't know the gender of your children.

Having said that I think your wife, at the first opportunity should make a will.

Dave.

Tobias
29th Mar 2010, 12:29
Gary, I've moved your post here to create a new topic. The subject deserves a topic of its own as it raises very important issues that will be of significant interest to others both now and in the future.

Gary & Nok
29th Mar 2010, 13:22
Gary, good question. I am in the process of making a will over here so Nok is OK when I pop my clogs but had not thought about the house & land in Laos and if something happens to Nok.

Not bothered about it for me but would want to make sure it at least stays in the family.

Boo
30th Mar 2010, 05:14
When we bought land couple fo years ago (in Ponks name of course) we contacted Issan lawyers (they have a website) in Korat & they advised that in the event of death with a will the land can go to the spouse (who as a non thai has one year to sell it under thai law) if no will then the immediate family (kids, parents, brothers sisters etc) can all make claim & it will be divvied up by the court accordingly. To protect the kids assets I would strongly suggesting getting a thai will, making the kids beneficiaries with the surviving parent as trustee (as a foreigner you can be the trustee)

FYI, the issue of thai male children needing to give up one of their nationalities when at the age of conscription in the thai army, the text is basically that, the child "may chose" to give up one of their nationalities but it ISN'T a legal requirement.

It has been covered to death over on Thaivisa & several adult thai-other nationality male posters have checked & clarified it.

m0ntecarl0
30th Mar 2010, 12:31
thanks for this info. Boo - I was concerned my son (holds both British and Thai passport) would have to give up one of his Nationalities when older.

what happens when an a male comes 18 years of age in LOS - do they have to join the army? what happens if you are out of the country when 18?

I know he will have to have a Thai ID card when 14 as we have already put his name on the house/tabhan book in LOS.

Tobias
30th Mar 2010, 13:12
Chris, would you please start a new topic regarding your Nationality/Army Conscription question please - this particular thread is a very important topic about Thai intestacy laws which will be of significant importance to many here.

Many thanks, it will save this particular thread going way off-topic. :thumb:

Gary & Nok
30th Mar 2010, 13:16
Chris, have a look at this thread (http://thailand-uk.com/forums/showthread.php?t=7536&highlight=son+join+army), while it starts of about birth certificates etc. at Post #11 it starts to talk about the Army and National Service, might be of interest to you.

EDIT:
Sorry Tobias, I was typing as you posted.

m0ntecarl0
30th Mar 2010, 14:52
thanks Gary - apologies Tobias.