been looking into this and some of it is scary if you have a Thai spouse:
not sure how many of you already know or whether its been posted on here before, but well worth putting up again:
If you have not made a legal will:
Thai law states that where a person dies without having made a will, the whole of the marital estate shall be distributed 'in proportion' among the statutory heirs
Statutory right of inheritance is as follows:
1. Direct descendents ‘children’, even children by wife from another relationship - (at the same % share as each surviving child)
2. Parents - (50%)
3. Brothers and Sisters of ‘full’ blood - (50%)
4. Brothers and Sisters of ‘half’ blood - (75%)
5. Grandparent - (75%)
6. Uncles and Aunts - (75%)
Then comes the Husband or Wife!! If any member of classes 1-6 is surviving the spouse only gets a proportionate share. Only if clases 1-6 no longer exist will the spouse get 100% of the estate
Also, if your spouse has a Thai child from an earlier marriage/union it is also part of the family. If the child is son, the child may inherit and the child's other parent can make a claim
It's not just about protecting yourself but your wife and Luk-Krueng too
.
Wills & Inheritance in Thailand
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Green Nomad
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Thanks for the info SJ, was just about to post a topic on Wills for thailand, then found your post.
I wanted to know what assets a Thai made Will can cover, . Now we are having a house built in HH, and obviously need to make an additional one in Thailand, now having read your post makes me somewhat more desperate to do this. Do you know of any good legal services in HH to do this.
I wanted to know what assets a Thai made Will can cover, . Now we are having a house built in HH, and obviously need to make an additional one in Thailand, now having read your post makes me somewhat more desperate to do this. Do you know of any good legal services in HH to do this.
Hi Green Nomad,
You can 'will' your property to heirs, there are local lawyers listed on the 'Business Directory' section on HHAD. I prefer the first company on the list, but you can have a free meeting and decide which one you feel comfortable with.
Depending whether you are buying via Limited Co., leasing or registering land with Thai partner, there's different legal set-ups to suit each.
General comment, if anyone is leasing then you must get legal assistance to make sure the lease contract has various crucial clauses added, that are not provided for under basic Thai law. The law does allow for additional clauses to be added.
A solicitor told me you can name an heir in the lease contract now, then in the event of your death the lease rights automatically transfer to them without the need for them to try and drag the lessor down the land office to revise the lease into the heirs name. No inheritance tax in Thailand.
SJ
PS: Just read my OP again and I should have made it clear that the surviving spouse is entitled to the % share that is stated above in each group.
You can 'will' your property to heirs, there are local lawyers listed on the 'Business Directory' section on HHAD. I prefer the first company on the list, but you can have a free meeting and decide which one you feel comfortable with.
Depending whether you are buying via Limited Co., leasing or registering land with Thai partner, there's different legal set-ups to suit each.
General comment, if anyone is leasing then you must get legal assistance to make sure the lease contract has various crucial clauses added, that are not provided for under basic Thai law. The law does allow for additional clauses to be added.
A solicitor told me you can name an heir in the lease contract now, then in the event of your death the lease rights automatically transfer to them without the need for them to try and drag the lessor down the land office to revise the lease into the heirs name. No inheritance tax in Thailand.
SJ
PS: Just read my OP again and I should have made it clear that the surviving spouse is entitled to the % share that is stated above in each group.
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Green Nomad
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Re: Wills & Inheritance in Thailand
SJ,Super Joe wrote:been looking into this and some of it is scary if you have a Thai spouse:
not sure how many of you already know or whether its been posted on here before, but well worth putting up again:
If you have not made a legal will:
Thai law states that where a person dies without having made a will, the whole of the marital estate shall be distributed 'in proportion' among the statutory heirs
Statutory right of inheritance is as follows:
1. Direct descendents ‘children’, even children by wife from another relationship - (at the same % share as each surviving child)
2. Parents - (50%)
3. Brothers and Sisters of ‘full’ blood - (50%)
4. Brothers and Sisters of ‘half’ blood - (75%)
5. Grandparent - (75%)
6. Uncles and Aunts - (75%)
Then comes the Husband or Wife!! If any member of classes 1-6 is surviving the spouse only gets a proportionate share. Only if clases 1-6 no longer exist will the spouse get 100% of the estate
Also, if your spouse has a Thai child from an earlier marriage/union it is also part of the family. If the child is son, the child may inherit and the child's other parent can make a claim
It's not just about protecting yourself but your wife and Luk-Krueng too
.
My wife and I were having a morbid 10 minutes this evening contemplating the 'what if' question, and I remembered your posting.
Looking at it again, I need a little more clarification if you can please. You are splitting my 100% of what I leave and coming up with a split of at least 325%. I know it will be clear in your mind, but could you please expand a bit for my simple mind?
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Guess
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BB,
I did the sums and came up with the same. I guess the percentages are of a percentage that is not clear.
It doesn't apply to me at the moment anyway. I have an executor already and have no assets (yet) in Thailand although that will change if property prices rise again.
We only have one offspring (an adult now) so the brothers and greedy sister could end up benefiting if I do nothing.
I think SJ is away at the moment.
My theory is that these Thai official statements are made to allow local officials some flexibility. In many cases still today the official will be part of a small community who knows the deceased and family well
The fact that they are written in English would indicate that they have considered foreigners wills.
Anybody else have any ideas.
I did the sums and came up with the same. I guess the percentages are of a percentage that is not clear.
It doesn't apply to me at the moment anyway. I have an executor already and have no assets (yet) in Thailand although that will change if property prices rise again.
We only have one offspring (an adult now) so the brothers and greedy sister could end up benefiting if I do nothing.
I think SJ is away at the moment.
My theory is that these Thai official statements are made to allow local officials some flexibility. In many cases still today the official will be part of a small community who knows the deceased and family well
The fact that they are written in English would indicate that they have considered foreigners wills.
Anybody else have any ideas.
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I found the following on a Thai legal website. As I read it, it seems to me that only the first class that exists gets to share the inheritance with the wife, not all of them, but I could be mistaken in interpreting it that way.
Section 1629. There are only six classes of statutory heir;and subject to the provisions of Section 1630 paragraph 2, each class is entitled to inherit in the following order:
1) descendants;
2) parents;
3) brothers and sisters of full blood;
4) brothers and sisters of half blood;
5) grandparents;
6) uncles and aunts.
The surviving spouse is also a statutory heir, subject to the special provisions of Section 1635.
Section 1630. So long as there is any heir surviving or represented in a class as specified in Section 1629 as the case may be, the heir of the lower class has no right at all to the estate of the deceased.
However, the forgoing paragraph doe not apply in the particular case where there is any descendant surviving or represented as the case may be, and also the parents or one of them are still surviving; in such case each parent is entitled to the same share as an heir in the degree of children.
Section 1635. The surviving spouse is entitled to the inheritance of the deceased in the class and according to the division as hereunder provided:
(1) if there is an heir according to Section 1629 (1) surviving or having representatives as the case may be, such surviving spouse is entitled to the same share as an heir in the degree of children;
(2) if there is an heir according to Section 1629 (3) and such heir is surviving or has representatives, or if in default of an heir according to Section 1629 (1), there is an heir according to Section 1629 (2) as the case may be, such surviving spouse is entitled to one half of the inheritance;
(3) if there is an heir according to Section 1629 (4) or (6) and such heir is surviving or has representatives, or if there is an heir according to Section 1629 (5) as the case may be, such surviving spouse is entitled to two-thirds of the inheritance;
(4) if there is no heir as specified in Section 1629, such surviving spouse is entitled to the whole inheritance.
Section 1629. There are only six classes of statutory heir;and subject to the provisions of Section 1630 paragraph 2, each class is entitled to inherit in the following order:
1) descendants;
2) parents;
3) brothers and sisters of full blood;
4) brothers and sisters of half blood;
5) grandparents;
6) uncles and aunts.
The surviving spouse is also a statutory heir, subject to the special provisions of Section 1635.
Section 1630. So long as there is any heir surviving or represented in a class as specified in Section 1629 as the case may be, the heir of the lower class has no right at all to the estate of the deceased.
However, the forgoing paragraph doe not apply in the particular case where there is any descendant surviving or represented as the case may be, and also the parents or one of them are still surviving; in such case each parent is entitled to the same share as an heir in the degree of children.
Section 1635. The surviving spouse is entitled to the inheritance of the deceased in the class and according to the division as hereunder provided:
(1) if there is an heir according to Section 1629 (1) surviving or having representatives as the case may be, such surviving spouse is entitled to the same share as an heir in the degree of children;
(2) if there is an heir according to Section 1629 (3) and such heir is surviving or has representatives, or if in default of an heir according to Section 1629 (1), there is an heir according to Section 1629 (2) as the case may be, such surviving spouse is entitled to one half of the inheritance;
(3) if there is an heir according to Section 1629 (4) or (6) and such heir is surviving or has representatives, or if there is an heir according to Section 1629 (5) as the case may be, such surviving spouse is entitled to two-thirds of the inheritance;
(4) if there is no heir as specified in Section 1629, such surviving spouse is entitled to the whole inheritance.
I have written about this before and do not want to go into it too far again.
It should be noted that the OP ,(SJ) has stated that those laws apply when there is NO legal will.
It is coming up 10 years since my Thai wife passed away. She left a will, but it was not considered "legal" for a number of reasons. The result has been a 10 year legal battle where I have lost out at every turn. The laws as Steve has shown are in place, but as with everything else in this country, they are open to the whim and interpretation of the appointed judge in each case. Just last month the Appeals Court did an about face and granted me 50% of the house property, as an example. This decision is open to a 30 day objection by the "heirs", and if they lodge an objection the case will very likely go on for another 3 to 5 years!
A properly drawn up will in Thailand IS enforceable, but is also open to the objection of all parties and, as in my case, can go on for years. It will also cost a large amount in legal fees, which, regardless of the outcome, are unlikely to be awarded in your favour.
A lot of Falangs, like me, try to make provision for their wife / family in the event of their own demise. What you should not overlook is the fact that it may be your wife that departs first, and you could end up tossed out on the street!
It should be noted that the OP ,(SJ) has stated that those laws apply when there is NO legal will.
It is coming up 10 years since my Thai wife passed away. She left a will, but it was not considered "legal" for a number of reasons. The result has been a 10 year legal battle where I have lost out at every turn. The laws as Steve has shown are in place, but as with everything else in this country, they are open to the whim and interpretation of the appointed judge in each case. Just last month the Appeals Court did an about face and granted me 50% of the house property, as an example. This decision is open to a 30 day objection by the "heirs", and if they lodge an objection the case will very likely go on for another 3 to 5 years!
A properly drawn up will in Thailand IS enforceable, but is also open to the objection of all parties and, as in my case, can go on for years. It will also cost a large amount in legal fees, which, regardless of the outcome, are unlikely to be awarded in your favour.
A lot of Falangs, like me, try to make provision for their wife / family in the event of their own demise. What you should not overlook is the fact that it may be your wife that departs first, and you could end up tossed out on the street!
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malcolminthemiddle
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Hi BB,
How it works is that if their is a surviving statutory heir in a higher group, then any lower group has no claim.
For example: a) If group 1 heir alive then groups 2-6 no claim, b) If no group 1 or 2 are alive but group 3 are, then no claim for group 4 or 5.
There are a some exceptions to this, its well complicated particularly if the Thai wife has children from A.N.Other. Sorry I didn't make it clear in OP.
Also as said in my 2nd post, the surviving spouse (Farang or Thai) is entitled to the % share indicated.
BUT this is the law if you have NOT done a will, if you do a will then the above does not apply. That was the purpose of the thread to advise people to seriously think about it.
SJ
How it works is that if their is a surviving statutory heir in a higher group, then any lower group has no claim.
For example: a) If group 1 heir alive then groups 2-6 no claim, b) If no group 1 or 2 are alive but group 3 are, then no claim for group 4 or 5.
There are a some exceptions to this, its well complicated particularly if the Thai wife has children from A.N.Other. Sorry I didn't make it clear in OP.
Also as said in my 2nd post, the surviving spouse (Farang or Thai) is entitled to the % share indicated.
BUT this is the law if you have NOT done a will, if you do a will then the above does not apply. That was the purpose of the thread to advise people to seriously think about it.
SJ
Wills
Until now I thought that if a couple were legally married in Thailand, and one spouse dies, the matrimonial property is divided 50/50 between the surviving spouse, and the parent(s) of the deceased, (if there are no children). If a foreigner is involved then a certain period of time is given to sell houses and land.
Now I see this is not the case! How wrong was I?
Now I see this is not the case! How wrong was I?
Alleykat,
Don't forget this is only about if you do not have a will, if you have one you can leave it to whoever.
The 'matrimonal asset 50/50 split' sounds like it refers to divorce. If a foreigner is buying property here, they should register the house (not land) in their own name at the land office and have some agreement/paperwork trail that it was bought with your own 'personal assets' earned before marriage. Then the house original value is not part of the 50/50 divorce split, only the land is.
SJ
Don't forget this is only about if you do not have a will, if you have one you can leave it to whoever.
The 'matrimonal asset 50/50 split' sounds like it refers to divorce. If a foreigner is buying property here, they should register the house (not land) in their own name at the land office and have some agreement/paperwork trail that it was bought with your own 'personal assets' earned before marriage. Then the house original value is not part of the 50/50 divorce split, only the land is.
SJ
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Don East Stand
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I have been searching for information as to what happens if you pass away whilst in Thailand and have NOT got a Thai will 
This thread is the best I could find, however it appears to only talk about a Thai spouse, what is the situation if man and wife are both farangs?
What happens if both farangs pass away in Thailand?
Thanks in anticpation of your help as always
This thread is the best I could find, however it appears to only talk about a Thai spouse, what is the situation if man and wife are both farangs?
What happens if both farangs pass away in Thailand?
Thanks in anticpation of your help as always
Don,
Is your property under a Limited company or lease ?
If lease do you have a clause included along the lines of:
Succession in the Event of Lessee’s Death:
The Lessor agrees that all rights in this agreement shall be given to the Lessor and the Lessee’s statutory heirs, legatees, administrators and executors of the estates, subrogees, receivers, liquidators or statutory assigns, and their rights as per this Agreement, will be registered at the Land Office.
Best advice IMO make a will asap, they're only about 10-15k.
SJ
Is your property under a Limited company or lease ?
If lease do you have a clause included along the lines of:
Succession in the Event of Lessee’s Death:
The Lessor agrees that all rights in this agreement shall be given to the Lessor and the Lessee’s statutory heirs, legatees, administrators and executors of the estates, subrogees, receivers, liquidators or statutory assigns, and their rights as per this Agreement, will be registered at the Land Office.
Best advice IMO make a will asap, they're only about 10-15k.
SJ