Death of the Thai wife & inheritance regulations?

[Mr. Isaan]

What will happen when my Thai wife dies before me?

1. My Non-O-Visa?

2. The house, land, bank account, car, motorbike etc.

[pachangamac042]

are you legally married and registered in Thailand? Does your wife have a last will? On who’s name is the banc account? Do you have non-0 visa for marriage or retirement? Do you have children?

All those answers are important to answer your questions.

[pachangamac042]

Hy Mr. Isaan, maybe the following may help you some;

The foreigner as statutory heir or inheritor under will

Under section 93 of the Land Code: 'A foreigner who acquires land by inheritance as statutory heir can have an ownership in such land upon a permission of the Minister of Interior. However, the total plots of land shall not be exceeding of those specified in Section 87'.

Any foreigner who is married to a Thai national is under Thai law a statutory heir, however, the over fifty year old Section 93 of the Land Code must seen in combination with Section 86; 'aliens may acquire land by virtue of the provisions of a treaty giving the right to own immovable properties and subject to the provisions of this Code'. The last treaty was terminated in 1970 and there is currently no treaty with any country to allow a foreigner to acquire land and no minister will allow a foreigner to inherit land in Thailand. Under present law any foreigner who acquires land by inheritance will have to dispose the land within a reasonable period (meaning up to 1 year) to a Thai national. If the foreigner fails to dispose of the land the Director-General of the Land Department is authorized to dispose of the land and retain a fee of 5% of the sale price before any deductions or taxes.

[Martinus]

Hy Mr. Isaan, maybe the following may help you some;

The foreigner as statutory heir or inheritor under will

Under section 93 of the Land Code: 'A foreigner who acquires land by inheritance as statutory heir can have an ownership in such land upon a permission of the Minister of Interior. However, the total plots of land shall not be exceeding of those specified in Section 87'.

Any foreigner who is married to a Thai national is under Thai law a statutory heir, however, the over fifty year old Section 93 of the Land Code must seen in combination with Section 86; 'aliens may acquire land by virtue of the provisions of a treaty giving the right to own immovable properties and subject to the provisions of this Code'. The last treaty was terminated in 1970 and there is currently no treaty with any country to allow a foreigner to acquire land and no minister will allow a foreigner to inherit land in Thailand. Under present law any foreigner who acquires land by inheritance will have to dispose the land within a reasonable period (meaning up to 1 year) to a Thai national. If the foreigner fails to dispose of the land the Director-General of the Land Department is authorized to dispose of the land and retain a fee of 5% of the sale price before any deductions or taxes.

Correct, but when she dies your visa is revoked the very same day.....so you need to find either another dependent like children or be minimum 50 years.
However looking at the above you would assume they would give you the means (a visa) to stay here the one year to sell he land....which can also be sold to your own company or child

[Mr. Isaan]

I am legally married in Thailand. I have married in Thailand, the certificate was also legalized by the German Embassy.

What do you mean registered? I live here on a Non-Immigrant-O, multiple entry, which I get from the Thai Embassy in Germany without problems, before in Penang (after Sept. 2006 they gave me only 3 months).

My wife doesn’t have a last will.

Bank account two names, either her or me.

We have a son, 16 years old, a the moment two citizenship, German and Thai, he goes to school in Germany, he vists Thailand on his school holidays.

[rayan]

Sorry you only have so many days to get out of Thailand. If you had a retirement visa then NO problem, but it appears from what you are saying you don't. Check the immigration website they give a lot of information. It is not right that you only have a few days to get things in order. I do not understand it either. They have NO compassion for the person that is not Thai. Please check the website. http://www.immigration.go.th/nov2004/en ... =alienstay. I hope this will answer some of your questions. Also she should make out a will, but this has too be signed by none family members if I remember correctly. You can ask a lawyer for information for free or some other people in your area might know.

[Martinus]

I am legally married in Thailand. I have married in Thailand, the certificate was also legalized by the German Embassy.

What do you mean registered? I live here on a Non-Immigrant-O, multiple entry, which I get from the Thai Embassy in Germany without problems, before in Penang (after Sept. 2006 they gave me only 3 months).

My wife doesn’t have a last will.

Bank account two names, either her or me.

We have a son, 16 years old, a the moment two citizenship, German and Thai, he goes to school in Germany, he vists Thailand on his school holidays.

If you are really worried and not older than 50 (because than you could go for retirement visa) you could stay here with a visa linked to your son. Also you could try to obtain residency. Costly but you would not have to move.
Change ownership of you house to your son, set-up use-fruct and you are good to go
She should prepare a will if you do not want to change, or are unable to, your visa
If you are over 50 always go for the retirement visa....it is based on you and your income...you can stay here alone when needed or wanted or neccessary. Good Luck

[Mr. Isaan]

Thanks a lot to all so far for the very useful information.