Grimaces replace smiles for retirees in Thailand

CO-CO said:
Thailand will not allow a Farang to register land. Land that is bequeathed to a Farang MUST be transferred to a Thai within 12 months.

It is in the Civil and Commercial Code I believe...I will try and dig out the specific reference if I get chance.
Click to expand...

So essentially it reverts back to the deceased wife's lineal (family) or named inheritors / beneficiaries of their will.

If those family persons/ inheritors/ beneficiaries allow ('grant') the foreigner to stay then the foreigner can stay in that domicile residence.
Hopefully they love the foreigner and his loving 'support' to the family.

At anytime if the 'grantors' desire the foreigner to get the fek out then the game is over.
Additionally, if the foreigner is on a visa extension based on marriage* then that game ends as well.

[*Of course one of the deceases' siblings or other family member may want the foreigner for purposes of betrothal.] :p
 
Last edited:
Coffee said:
So essentially it reverts back to the deceased wife's lineal (family) or named inheritors / beneficiaries of their will.

If those family persons/ inheritors/ beneficiaries allow ('grant') the foreigner to stay then the foreigner can stay in that domicile residence.
Hopefully they love the foreigner and his loving 'support' to the family.

At anytime if the 'grantors' desire the foreigner to get the fek out then the game is over.
Additionally, if the foreigner is on a visa extension based on marriage* then that game ends as well.

[*Of course one of the deceases' siblings or other family member may want the foreigner for purposes of betrothal.] :p
Click to expand...


After 12 months the 'government' can sell the land and take a 5% fee.


A very good point about losing the benefit of an extension based on marriage.
 
FERRET said:
On another topic, my visa renewal was a lot less painful today than the last 2 years but, the Crone still shuffled the cards on us, probably gets her jollies doing it.
Click to expand...


Well done.

Just for those who GAF .... :)

1. It's not a visa, and..

2. It's not a renewal

But congratulations on your successful application to extend your permission for temporary stay in the Kingdom for a period of 12 months.
 
CO-CO said:
Well done.

Just for those who GAF .... :)

1. It's not a visa, and..

2. It's not a renewal

But congratulations on your successful application to extend your permission for temporary stay in the Kingdom for a period of 12 months.
Click to expand...

Flogging dead horse.gif

I sympathise, but when "Visa" agents can't get it right and neither can a large contingent of Immigration Officers, what chance do you have?
 
Coffee said:
So essentially it reverts back to the deceased wife's lineal (family) or named inheritors / beneficiaries of their will.

If those family persons/ inheritors/ beneficiaries allow ('grant') the foreigner to stay then the foreigner can stay in that domicile residence.
Hopefully they love the foreigner and his loving 'support' to the family.

At anytime if the 'grantors' desire the foreigner to get the fek out then the game is over.
Additionally, if the foreigner is on a visa extension based on marriage* then that game ends as well.

[*Of course one of the deceases' siblings or other family member may want the foreigner for purposes of betrothal.] :p
Click to expand...
Then a usfruct agreement with your spouse is prudent. A lease is an encumbrance that when title is transferred is still enforced. As foriegners we might not be allowed to have exclusive ownership of a property but we can have exclusive use. I would think a house inhabited by a cranky farang, who has the right to domicile in it despite his hard drinking, noisy parties and offensive body odour would discourage a purchaser from buying it out from the inheritor. When I appraised real estate a number of times I came across renters that did their best to discourage a sale and they were on a 1 year lease at most. Knowing that while you may own the property but not have use for the next 25 years should dampen anyone's excitement.
 
georgefromcanada said:
Then a usfruct agreement with YOUR SPOUSE is prudent. A lease is an encumbrance that when title is transferred is still enforced. As foriegners we might not be allowed to have exclusive ownership of a property but we can have exclusive use.
Click to expand...

The usufruct must be made with the holder of the chanote...and that chanote must not have any lien against it.

If a family has given the property to have a home built - was the chanote then transferred into the wife's name ?
(In many cases no.)

Wise words (contributed by Co-Co on several occasions)..."Only spend what you can afford to lose."

If the relationship is solid with the family then the odds drop to only 2/1 on the foreigner being able to "enjoy the use of the property". :p

(I recall the story of a foreigner who bulldozed the house he built after the family relationship went sideways...but that might've been a divorce.)
 
georgefromcanada said:
Then a usfruct agreement with your spouse is prudent. A lease is an encumbrance that when title is transferred is still enforced. As foriegners we might not be allowed to have exclusive ownership of a property but we can have exclusive use. I would think a house inhabited by a cranky farang, who has the right to domicile in it despite his hard drinking, noisy parties and offensive body odour would discourage a purchaser from buying it out from the inheritor. When I appraised real estate a number of times I came across renters that did their best to discourage a sale and they were on a 1 year lease at most. Knowing that while you may own the property but not have use for the next 25 years should dampen anyone's excitement.
Click to expand...


That is factually correct.


I don't recommend that anyone relies on it...(I have a usufruct and I do not expect that I will ever enforce my rights under it).


Practically, that cranky Farang is a target - he is preventing a Thai in the succession line from getting their spoils; if I was that cranky Farang I would be watching my back.
 
My wife has a written Will, in which she leaves the house to our two daughters. She does hold the Chanute and the land was bought from a property developer, it was not handed down from her family. This Will protects my two daughters from any claim from any member of her family. However, there is a caveat in her Will that states that I may remain in the house for so long as I may live. We are a very close family and I am very content with that provision. I have no doubt that my daughters would honour that provision. If that became a problem with my daughters, I would find a nice apartment by the sea to see out my final days. I am on a Retirement Extension of Stay. :)
 
nomad97 said:
My wife has a written Will, in which she leaves the house to our two daughters. She does hold the Chanute and the land was bought from a property developer, it was not handed down from her family. This Will protects my two daughters from any claim from any member of her family. However, there is a caveat in her Will that states that I may remain in the house for so long as I may live. We are a very close family and I am very content with that provision. I have no doubt that my daughters would honour that provision. If that became a problem with my daughters, I would find a nice apartment by the sea to see out my final days. I am on a Retirement Extension of Stay. :)
Click to expand...


Probably the most perfect situation to be in - and certainly the most perfect attitude to the situation.
 
Coffee said:
(I recall the story of a foreigner who bulldozed the house he built after the family relationship went sideways...but that might've been a divorce
Click to expand...
I did one step less than that, prior to my divorce in Surin, then moved on.

I started this world with nothing and I've still got most of it left!!!
 
Before my Thai wife died.
She made a will and said that I could live in the house for the rest of my life.
Which was great.
Did not say in her will.
But Thai way is>
I could not have another woman live with me in the house.
Also no Thai woman would have wanted to live in the house.
So I wrote off my investment in the house and started all over again.
It was a sad thing to do. Beautiful house with beautiful memories.
I just kept telling myself that as far as the house was concerned. It is only brick and mortar.
Move on.
 
Deerculler said:
Before my Thai wife died.
She made a will and said that I could live in the house for the rest of my life.
Which was great.
Did not say in her will.
But Thai way is>
I could not have another woman live with me in the house.
Also no Thai woman would have wanted to live in the house.
So I wrote off my investment in the house and started all over again.
It was a sad thing to do. Beautiful house with beautiful memories.
I just kept telling myself that as far as the house was concerned. It is only brick and mortar.
Move on.
Click to expand...
Good decision & attitude, Les IMHO.
 
nomad97 said:
My wife has a written Will, in which she leaves the house to our two daughters. She does hold the Chanute and the land was bought from a property developer, it was not handed down from her family. This Will protects my two daughters from any claim from any member of her family. However, there is a caveat in her Will that states that I may remain in the house for so long as I may live. We are a very close family and I am very content with that provision. I have no doubt that my daughters would honour that provision. If that became a problem with my daughters, I would find a nice apartment by the sea to see out my final days. I am on a Retirement Extension of Stay. :)
Click to expand...
Great infomation your Geekship, this may be a practical solution as, although both our girls were born in Aus, they both hold dual citizenship.
A trip to a solicitor will be beneficial, me thinks.
 
FERRET said:
Great infomation your Geekship, this may be a practical solution as, although both our girls were born in Aus, they both hold dual citizenship.
A trip to a solicitor will be beneficial, me thinks.
Click to expand...
At 74 years of age, I do know that I am not going to live forever. Naturally, I would like my daughters to inherit from their mother should their mother predecease me. With the Thai laws being what they are, should my wife have died intestate, i.e., without a valid will, my daughters may have lost out on their inheritance should any family members make a claim on my wife's estate. Strictly speaking, my two daughters as surviving heirs, should inherit from their mother, with or without a will. However, having made a will 5 or 6 years ago, with a Thai solicitor, the inheritance issue is no longer in doubt. Furthermore, with the added caveat about me, it provides somewhere for me to live rent-free too.

@FERRET, I do think a visit to a solicitor would be the safe way to go. My wife's Will did not cost a fortune, only 3,000 Baht.

www.thaiembassy.com

Thai Probate and Inheritance Law | ThaiEmbassy.com

In order to transfer property in Thailand after the death of a person, it is necessary to obtain a court order after it has been proven that the person receiving the property is a legal heir or that his name was stated in the deceased person’s will. In situations where ...
www.thaiembassy.com www.thaiembassy.com
 
Last edited by a moderator:
nomad97 said:
At 74 years of age, I do know that I am not going to live forever. Naturally, I would like my daughters to inherit from their mother should their mother predecease me. With the Thai laws being what they are, should my wife have died intestate, i.e., without a valid will, my daughters may have lost out on their inheritance should any family members make a claim on my wife's estate. Strictly speaking, my two daughters as surviving heirs, should inherit from their mother, with or without a will. However, having made a will 5 or 6 years ago, with a Thai solicitor, the inheritance issue is no longer in doubt. Furthermore, with the added caveat about me, it provides somewhere for me to live rent-free too.

@FERRET, I do think a visit to a solicitor would be the safe way to go. My wife's Will did not cost a fortune, only 3,000 Baht.

www.thaiembassy.com

Thai Probate and Inheritance Law | ThaiEmbassy.com

In order to transfer property in Thailand after the death of a person, it is necessary to obtain a court order after it has been proven that the person receiving the property is a legal heir or that his name was stated in the deceased person’s will. In situations where ...
www.thaiembassy.com www.thaiembassy.com
Click to expand...

Yup. Without your wife directing the inheritance of her holdings through her legal Will your favorite outlaws step in to share the proceeds equally with her (your) children.
 
CO-CO said:
Thailand will not allow a Farang to register land. Land that is bequeathed to a Farang MUST be transferred to a Thai within 12 months.

It is in the Civil and Commercial Code I believe...I will try and dig out the specific reference if I get chance.
Click to expand...
No,, You have misread and misunderstood the question. There was no mention to a Farang being bequeathed. It is in regard to. If the house however, was built on land willed to the now deceased wife. Which is in my case. The reason for my question.
 
You must log in or register to reply here.
Back
Top