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localexpat

Planning to get married need advise re visa/wife's property rights

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30 minutes ago, overherebc said:

And if it ends up in a court battle how long do you think that will take and how much will it cost?

Those are a rather pointless couple of questions, the law on intestacy is clear so what would the point be in contesting it? If you have drawn up wills correctly again what is the point in contesting the will.

 

The courts in Thailand are remarkably unbiased and blind to the nationality of the parties.

Thailand is not a litigious country.

 

The only winners in something like that are the lawyers. 

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2 hours ago, The Fat Controller said:

https://www.thailandlaw.org/intestate-succession-in-thailand.html

 

Moral of the story, make a watertight will !

 

FIL died suddenly and no will existed. I think it took nearly two and a half years for the MIL to inherit. None of the daughters wanted anything and that made things easier if you consider two and a half years easy.

After it got sorted the daughters sat down with the MIL and got a will written. Each one has an authorised copy in the safe.

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46 minutes ago, sometimewoodworker said:

Those are a rather pointless couple of questions, the law on intestacy is clear so what would the point be in contesting it? If you have drawn up wills correctly again what is the point in contesting the will.

 

The courts in Thailand are remarkably unbiased and blind to the nationality of the parties.

Thailand is not a litigious country.

 

The only winners in something like that are the lawyers. 

Think the basic problem exists in the situation where an expat marries someone who doesn't have any real money or assets.

He buys everything by giving her the money and if she dies the family will appear like a pack of sharks.

Or a herd of locusts to quote a line from the song. 😆😆

Edited by overherebc

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On 12/7/2019 at 11:46 AM, localexpat said:

Hello 

 

Many thanks for your feedback to date, very interesting and very useful.

 

Thaivisa forum is really great, this kind of advise would cost me about 20, 000 Baht with a good Law firm.

 

Any other input appreciated

 

Regards

many a law firm might not give you great advice.   you never know

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I know some hi-so almost royal Thais that are married to yanks. They told me that they refuse to get US citizenship, they live in the US, as there could be a problem when they inherit land. Maybe the law states that there is a maximum allowed.

 

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5 minutes ago, Neeranam said:

I know some hi-so almost royal Thais that are married to yanks. They told me that they refuse to get US citizenship, they live in the US, as there could be a problem when they inherit land. Maybe the law states that there is a maximum allowed.

 

Marriage and citizenship are entirely different matters.  Nobody has been talking about US Citizenship.  

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17 hours ago, overherebc said:

None of it really matters to us as we plan to move to uk in the next 12 months or so. Then it will most likely be 6/6 or 9/3 months-ish UK/TH after that. I was only asking about a point of Thai law on wife dying before husband.

 

What would happen if my wife dies before me, after I become a Naturalized Thai?

Would I inherit all her land, if there is no will?

I plan to buy land in a year or so, do I need my wife's  signature?

 

Maybe I will transfer some of the land to my name as I would hate her sister to be able to claim for it.

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1 minute ago, lopburi3 said:

Marriage and citizenship are entirely different matters.  Nobody has been talking about US Citizenship.  

Sorry, I thought they were going to the UK.

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15 hours ago, overherebc said:

FIL died suddenly and no will existed. I think it took nearly two and a half years for the MIL to inherit. None of the daughters wanted anything and that made things easier if you consider two and a half years easy.

After it got sorted the daughters sat down with the MIL and got a will written. Each one has an authorised copy in the safe.

Are you saying your father in law was legally married to a Thai national here in Thailand and his wife did not inherit exactly what for 2.5 years?  House? Bank holdings? not following  

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18 minutes ago, Neeranam said:

Sorry, I thought they were going to the UK.

Does not matter where they go - they did not mention changing her citizenship - but indeed you have a valid point that it could be problematic with dual citizenship as that is a gray area just as in USA.  Not likely to be an issue if she did not lose Thai citizenship but might be if relatives out for the kill so probably best to avoid issue.

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20 minutes ago, Skallywag said:

Are you saying your father in law was legally married to a Thai national here in Thailand and his wife did not inherit exactly what for 2.5 years?  House? Bank holdings? not following  

Both Thai and legally married.

Lots of assets and cash in the bank. Took time to sort out but money was released regularly until everything was sorted out. Various bits of land to be sold etc.

You do realise if as an expat you die with cash in the bank legally your wife just can't go to the bank and withdraw it.

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On 12/7/2019 at 4:20 PM, overherebc said:

So basically you have one year to sell it or sign it over.

Could you purchase it from yourself via a Thai company? 

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17 minutes ago, digibum said:

Could you purchase it from yourself via a Thai company? 

I suppose you could but I imagine a 'shelf company' wouldn't cut it. Under the circumstances it would most likely be looked at closely by the land department.

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On 12/6/2019 at 1:26 PM, lopburi3 said:

  There is no need to change you extension of stay from retirement to married unless you want to do so - but you can do so.

I have a feeling the OP is doing this to avoid having to buy Thai health insurance, required for renewing retirement extensions, but not marriage extensions (if original visa was an O-A). Expect we'll see lots of girl friends becoming wives -- right up until they plug that loophole.

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16 minutes ago, overherebc said:

I suppose you could but I imagine a 'shelf company' wouldn't cut it. Under the circumstances it would most likely be looked at closely by the land department.

I imagined as such but didn’t see anything preventing that kind of transfer from happening and thus asked.  

 

My wife and I have been considering buying land in her name and then giving me a 30 year lease on the property.  If she were to die before me, I would not want to be in a position of having to dispose of the land within 1 year.  That seems rife for people to just lowball you on the land knowing there’s a clock ticking.  If I die before her, she keeps the land regardless.  

 

I haven’t checked into it too thoroughly but was hoping that by having the long-term lease, I could essentially give the property away for peanuts and as long as I can live there until I die, it wouldn’t bother me too greatly.  

 

Any other ways around the ticking clock?  

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