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BANGKOK 21 June 2019 04:28
Davejf2017

What happens about Home if Thai wife dies before me

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Our house is in my Thai wife name I am English my wife is going to leave everything to me in a will if she dies before me nothing to any Thai family of hers she has no children.Do i just carry on living in the property.Thank you for any advice given.

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Posted (edited)

My advice to you is to see a good lawyer (if you can find one]. Please let me know how you get on as I am in a similar position, although I have a contract with my gf made at the Land office which entitles me to 25 years of residence in the house.

Edited by delgarcon
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8 minutes ago, delgarcon said:

My advice to you is to see a good lawyer (if you can find one]. Please let me know how you get on as I am in a similar position, although I have a contract with my gf made at the Land office which entitles me to 25 years of residence in the house.

I am looking at the same contract. Would you mind being so good and sir giving me a PM on the procedure and requirements? I am not sure about using a lawyer for this. 

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11 minutes ago, delgarcon said:

My advice to you is to see a good lawyer (if you can find one]. Please let me know how you get on as I am in a similar position, although I have a contract with my gf made at the Land office which entitles me to 25 years of residence in the house.

 

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what Delight said about administrator and beneficiary on the will is very important...when my wife died last year I signed these rights away without good legal advice (her death was sudden and we had no will) and now my control is significantly diminished...now only just have an usufruct with predatory family everywhere...luckily the admin and beneficiary rights have gone to my Mil who is a pal...but she's 75 y.o. and in declining health...

 

 

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Posted (edited)
4 hours ago, Davejf2017 said:

i just carry on living in the property.

yes you do, leave the house in the dead wife's name.

No need to transfer it to anyone else.

No need to ever complete probate.

Edited by BritManToo
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My friends wife died,she had daughter with first Thai hubby.

The house had to be split 50/50. As far as I know info childrentheclose family like a mother/sister/brother get the 50/50

i am in Khon Kaen and we have a close friend. He is AustralianPHDDr. His wife Dewis a top lawyer and represents the government of certain cases.She is very good and fights for the Falang rights.

contact me if you want the contact details.

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In your specific case. If the land  is smaller than 1 Rai. You can obtain full ownership. Meaning, you don't have to sell the land after 1 year.

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7 minutes ago, henry15 said:

In your specific case. If the land  is smaller than 1 Rai. You can obtain full ownership. Meaning, you don't have to sell the land after 1 year.

Can you please specify?

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7 hours ago, Delight said:

Probate will grant you the house.

However Thai law specifies that a foreigner cannot own the land.

The  land office  will give you 12 months to sell.

 The will of your wife must specify that you are both administrator and beneficiary.

This is very important.

With this in place it may be possible to leave it in the name of the administrator for many years.In effect do not do the land office process.

That could just leave you with the problem of -what happens to the house post your demise.

There could be alternate ways to solve your stated problem.

Advice from a good lawyer is required for this.

Do this, just hope the house is far away from the family and not in the village near them, money makes people do crazy things, especially in Thailand

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You need to contact a lawyer and have them draw up a Usufruct contract allowing you to use the land the premise sits on for life.  She can leave the house to you in the Will but not the land.  The Usufract is entered on the Land Department documents for her land and will follow the land deed around as long as you live.
FYI, the Land Department may not be excited about allowing this and may need to be nudged.  Interpret that however you wish.

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11 minutes ago, baansgr said:

Do this, just hope the house is far away from the family and not in the village near them, money makes people do crazy things, especially in Thailand

 If the OP is worried about this then he should simply give up the house upon the demise of his wife.

Of course in all likelyhood she will out live the OP.

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