Wills & Inheritance in Thailand

Post by **seasidesurfer** » Tue Feb 17, 2009 5:50 pm

Hi.
Like many other Thai/Farang couples posting on this site we ( My Wife ) own a property in HuaHin and in order to give me some protection in case of accident ect she has given me a lifetime Usufruct on the land and house.
This has been registered with the Land Office and my name is on the Chanote.
This gives me all the protection I want as I don't give a toss what happens to the property after I'm gone.
I think this is better than a Will.
Steve.

Post by **hhfarang** » Tue Feb 17, 2009 6:02 pm

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!

Good post Nereus, sorry you are having so much trouble with your wife's will. A friend here lost his Thai wife the first year we were here and he had a will drawn up by a big Bangkok law firm that has allowed him to retain his 20+ million baht estate and land that was in his Thai wife's name. He still lives there today and that was over four years ago, so if the will is drawn up properly, a foreigner who has a Thai wife who dies while owning everything can still live in the house on the land until his death (and he can sell it if he wants).

We went to the same place and had the same kind of will drawn up as well as a will in the U.S. that gives my Thai wife everything there (retirement and bank accounts) if I pass away first.

Super Joe · Post by **Super Joe** » Tue Feb 17, 2009 6:13 pm

Like many other Thai/Farang couples posting on this site we ( My Wife ) own a property in HuaHin and in order to give me some protection in case of accident ect she has given me a lifetime Usufruct on the land and house. This has been registered with the Land Office and my name is on the Chanote.
This gives me all the protection I want as I don't give a toss what happens to the property after I'm gone.

So the solicitors say .......

Usufructs:
Section 1469 of the Thai Civil and Commercial Codes says: agreements made between spouses can be cancelled by the court at the request of one party, unless agreements affect third parties. Therefore in event of divorce wife can have Usufruct agreement cancelled.

To avoid above:
Supreme court judgment 2297/1998; 'the lessor does not have to be the owner of the property'. Therefore the usufructuary (farang) can rent out his rights to the land to family member etc for 30 years. Usufruct can not now be cancelled as it now affects 'thrid parties'.

Depending upon individuals circumstances, many would argue the above two combined gives better protection than a 30 year lease with + 30 + 30 clauses.

SJ

Post by **JimmyGreaves** » Tue Feb 17, 2009 10:52 pm

On an economy saving note in these times of hardship.

What ever happened to the do it yourself will?

In my humble opinion the law firms in Hua Hin are bang out of order with their charges, more than UK prices in most cases. I'm sure the average thai ain't paying what we falangs are being asked to cough up, especially for usufructs, leases etc!

Post by **malcolminthemiddle** » Wed Feb 18, 2009 2:32 pm

JimmyGreaves wrote:On an economy saving note in these times of hardship.

What ever happened to the do it yourself will?

In my humble opinion the law firms in Hua Hin are bang out of order with their charges, more than UK prices in most cases. I'm sure the average thai ain't paying what we falangs are being asked to cough up, especially for usufructs, leases etc!

Thai legislation mandates specific content requirements for a Will to be valid. It is doubtful a "do it yourself Will" would meet these requirements.

I hazard a guess, your average Thai doesn't bother with a Will and usufructs or leases in a Thai name, who can own freehold, are rare.

My UK Will cost GBP175, our (wife and husband) Thai Wills Baht 14,000 both drawn up and witnessed by accredited lawyers, so the cost is comparable.

If you are a foreigner married to a Thai with assets in Thailand, a Thai Will is a must, just like a colonoscopy for the over 50's

Post by **JimmyGreaves** » Wed Feb 18, 2009 2:50 pm

malcolminthemiddle wrote:
JimmyGreaves wrote:On an economy saving note in these times of hardship.

What ever happened to the do it yourself will?

In my humble opinion the law firms in Hua Hin are bang out of order with their charges, more than UK prices in most cases. I'm sure the average thai ain't paying what we falangs are being asked to cough up, especially for usufructs, leases etc!
Thai legislation mandates specific content requirements for a Will to be valid. It is doubtful a "do it yourself Will" would meet these requirements.

I hazard a guess, your average Thai doesn't bother with a Will and usufructs or leases in a Thai name, who can own freehold, are rare.

My UK Will cost GBP175, our (wife and husband) Thai Wills Baht 14,000 both drawn up and witnessed by accredited lawyers, so the cost is comparable.

If you are a foreigner married to a Thai with assets in Thailand, a Thai Will is a must, just like a colonoscopy for the over 50's

I beg to disagree. That comparable cost on a will is 40% ish more than you paid in the UK. However I do not think wills are the main source of overpricing. I have had a couple of experiences in Hua Hin where the charges are just plucked out of the air, grossly inflated, way more than a UK firm would charge and to cap it all a definate figure could not be quoted for the work. I also had the feeling that the lawyers were unsure of law, just feeling themselves through the mud! The experience was like going to get my car repaired, anticipating the very large bill, getting an even larger bill and then getting a dodgy explanation why the bill was so large!

Post by **malcolminthemiddle** » Wed Feb 18, 2009 3:36 pm

JimmyGreaves wrote:
I beg to disagree. That comparable cost on a will is 40% ish more than you paid in the UK.

As I mentioned, the GBP175 was for one (1) Will, my Will. The Thai Baht 14,000 was for two (2) Wills, my wife and myself.

The Thai lawyer, from outside Hua Hin, gave a fixed, lump sum price and provided a professional service for what I consider a fair and reasonable price.