KhunBENQ Posted November 23, 2016 Share Posted November 23, 2016 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. Link to comment Share on other sites More sharing options...
ellathai Posted November 23, 2016 Author Share Posted November 23, 2016 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 Link to comment Share on other sites More sharing options...
ellathai Posted November 25, 2016 Author Share Posted November 25, 2016 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? Link to comment Share on other sites More sharing options...
DILLIGAD Posted November 25, 2016 Share Posted November 25, 2016 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.Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
dentonian Posted November 25, 2016 Share Posted November 25, 2016 @ 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. Link to comment Share on other sites More sharing options...
DILLIGAD Posted November 25, 2016 Share Posted November 25, 2016 @ 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.Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
dentonian Posted November 25, 2016 Share Posted November 25, 2016 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 Link to comment Share on other sites More sharing options...
DILLIGAD Posted November 25, 2016 Share Posted November 25, 2016 Where is the source of that (useful) information.Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
puchooay Posted November 25, 2016 Share Posted November 25, 2016 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. Link to comment Share on other sites More sharing options...
DILLIGAD Posted November 25, 2016 Share Posted November 25, 2016 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.Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
puchooay Posted November 25, 2016 Share Posted November 25, 2016 7 minutes ago, DILLIGAD said: Excellent. So where is the law that's stated that good info. Sent from my iPhone using Tapatalk Probably in a judge's journal somewhere. Link to comment Share on other sites More sharing options...
Farma Posted November 25, 2016 Share Posted November 25, 2016 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 Link to comment Share on other sites More sharing options...
dentonian Posted November 25, 2016 Share Posted November 25, 2016 1 hour ago, DILLIGAD said: Where is the source of that (useful) information. Sent from my iPhone using Tapatalk 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 Link to comment Share on other sites More sharing options...
DILLIGAD Posted November 25, 2016 Share Posted November 25, 2016 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.htmlGood 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???Sent from my iPhone using Tapatalk Link to comment Share on other sites More sharing options...
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