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BANGKOK 25 June 2019 01:14
vinniekintana

Inheritance....Marriage or Will? Which one is (legally ) more effective

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I live with a thai woman....several years older

She has no children.

She wants to will her assets to me in case she 'goes' first.

 

Which way is more challenge-proof?....a Will or marriage?

..or both?

Tbh I want to avoid all the paperwork of a marriage as I lIve far away from BKK but will do if necessary

 

Thanks

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12 minutes ago, Oxx said:

If there are other living relatives (including uncles and aunts), then they will automatically be entitled to part of a future wife's estate in the absence of a will.  Only through a legally valid will could you then be entitled to the whole estate.

 

Even if there are no such relatives, then your partner's making a will is going to be cheaper and easier than getting married.

 

One factor you might want to consider is the basis of your extensions of stay in Thailand.  Would extension based on marriage suit your financial circumstances better than on retirement?

I already have a retirement visa...no desire to change

 

So...a will is much more 'secure' then.

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3 hours ago, vinniekintana said:

I already have a retirement visa...no desire to change

 

So...a will is much more 'secure' then.

Of course it is, it's a legal document as said but it could be contested by any close family on legal grounds (excuse the pun) over the land because you cannot own it.

 

The Will document could be worded to the affect if she dies before you, the land is to be sold and the proceeds go to the named person ( you ).

If you want to stay on after her death then best you get a Thai Usufruct especially if there's family.

 

https://www.samuiforsale.com/other-miscellaneous/usufruct-agreement-sample.html

 

A standard lease agreement is different I believe because it may become void on your partners demise whereas a Thai Usufruct is bulletproof for a farangie.

 

 

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57 minutes ago, Kwasaki said:

Of course it is, it's a legal document as said but it could be contested by any close family on legal grounds (excuse the pun) over the land because you cannot own it.

 

The Will document could be worded to the affect if she dies before you, the land is to be sold and the proceeds go to the named person ( you ).

 

This is largely bunkum.  The legal process is that the foreigner can inherit the land, but has to sell it within one year.  (If he/she doesn't, the authorities step in to sell it on the foreigner's behalf.)

 

So, the foreigner inheriting land is no grounds for contesting a will.  And any wording in the will would be irrelevant - overridden by the legal process.

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2 hours ago, Oxx said:

 

This is largely bunkum.  The legal process is that the foreigner can inherit the land, but has to sell it within one year.  (If he/she doesn't, the authorities step in to sell it on the foreigner's behalf.)

 

So, the foreigner inheriting land is no grounds for contesting a will.  And any wording in the will would be irrelevant - overridden by the legal process.

Ok if you have experience of it being bunkum but farangie with Thai Usufruct don't have sell the land.

Close family can contest a Will on certain grounds but OP said she has no children.

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1 hour ago, Kwasaki said:

Ok if you have experience of it being bunkum but farangie with Thai Usufruct don't have sell the land.

Close family can contest a Will on certain grounds but OP said she has no children.

 

You are just piling cluelessness upon cluelessness.

 

An Usufruct gives the right to use the property (including land).  It does not give the right to own the land.  The land, if inherited, needs to be sold.  However, given the difficulty of finding someone to buy the land where someone has an Usufruct over it can be problematic.  The land probably will be sold for a fraction of its value without an Usufruct.

 

You have suggested no rational grounds upon which family (close or otherwise) could contest the will.

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7 minutes ago, Oxx said:

 

You are just piling cluelessness upon cluelessness.

 

An Usufruct gives the right to use the property (including land).  It does not give the right to own the land.  The land, if inherited, needs to be sold.  However, given the difficulty of finding someone to buy the land where someone has an Usufruct over it can be problematic.  The land probably will be sold for a fraction of its value without an Usufruct.

 

You have suggested no rational grounds upon which family (close or otherwise) could contest the will.

Can I cancel the usufruct if I intend to sell the land? 

That would solve the issue.

 

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24 minutes ago, vinniekintana said:

Can I cancel the usufruct if I intend to sell the land? 

That would solve the issue.

 

Yes.  (But to state the obvious, you could no longer live in the property without some other agreement in place.)

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1 hour ago, Oxx said:

 

You are just piling cluelessness upon cluelessness.

 

An Usufruct gives the right to use the property (including land).  It does not give the right to own the land.  The land, if inherited, needs to be sold.  However, given the difficulty of finding someone to buy the land where someone has an Usufruct over it can be problematic.  The land probably will be sold for a fraction of its value without an Usufruct.

 

You have suggested no rational grounds upon which family (close or otherwise) could contest the will.

OK I am not suggesting the OP has right to own the land if he wants to stay there after his partners death a Thai Usufruct will give him that choice.

You obviously don't understand my advice to OP.

The usufructuary is responsible for the expenses for the management of the property, paying taxes and duties, and being responsible for interests payable on debts charged to it.

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42 minutes ago, Kwasaki said:

The usufructuary is responsible for the expenses for the management of the property, paying taxes and duties, and being responsible for interests payable on debts charged to it.

 

Just curious, but how can interests on debts be charged against against the usufructuary for such a property? And why just the interest, not the whole debt?

 

I really think you don't have a clue about what you're writing about.

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Posted (edited)
17 hours ago, Oxx said:

 

Just curious, but how can interests on debts be charged against against the usufructuary for such a property? And why just the interest, not the whole debt?

 

I really think you don't have a clue about what you're writing about.

What clue would that be, apart from you not understanding terms in an agreement.

 

So you do not think a Thai Usufruct would not be any good to OP then. 

Edited by Kwasaki

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13 minutes ago, Kwasaki said:

What clue would that be, apart from you not understanding terms in an agreement.

 

So you do not think a Thai Usufruct would not be any good to OP then. 

 

I did not mention Usufruct in my reply.  I actually believe it would be a good thing.  However, I was questioning your apparently unsupported nonsense about "interest on debts be[ing] charged against against the usufructuary".

 

More specifically, if there is a charge over the property, an Usufruct can't be granted (and vice versa).

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