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Home » Reader question » Reader question: Who can tell me something about inheritance law?
Reader question: Who can tell me something about inheritance law?
Dear readers,
We have an apartment in Phuket. If I die, will my Dutch children inherit my apartment or do I have to make a will in Thailand with a notary or lawyer?
Who can give me an answer or information about that?
Regards,
Bert
'We' have an apartment…
Who are we? Marriage partner, boyfriend, girlfriend, carer? That does make a difference!
And what do you want? Who should inherit from you? Where do you officially live, NL or TH?
Determine what you want first, and then find a lawyer for advice and possibly a will.
Ok sorry wasn't clear.
We are a Dutch couple and have Dutch children.
A son and a daughter. We bought an apartment in Phuket a few years ago.
Lovely place where we stay a few months a year.
hopefully this is a bit clearer.
regards
Bert
Just have a will made. Thai inheritance law differs from Dutch inheritance law. Your children in Holland have no rights in Thailand with a will. Wills are often issued at the Tessabaan.
As far as my knowledge goes: the last will drawn up is legally valid and automatically cancels previous wills. So if you already have a will in NL, it will expire if you later make a Last Will and Testament in TH. So make it clear that the Thai will is an addition to any existing Dutch will.
Have Thai Last Will and Testament drawn up in Thailand in English language with Thai translation including note that in case of doubt about the meaning of a word, the English version will prevail.
A good law firm can easily arrange that for you.
The NL executor (will) will have to come to the court in Thailand in my opinion to obtain permission to execute the Thai Last Will and Testament.
Your lawyer in Thailand can help with this.
Advice: hold an intake interview with NL notary and TH lawyer to check matters and make a good approach plan based on that. Good luck.
Dear Bert, find a reputable law firm in Phuket and ask them your question. In general, I can tell you that it is good to have a will drawn up in Thailand. You and your wife both appear in the deed of sale by name and surname, I assume, and inherit from each other anyway.
Your 2 children inherit from the surviving spouse, but arrange that in a will, because they are not known by definition in Thaialnd. Please note: they can only inherit if they are entitled to enter Thailand and trade. So: of age, no criminal record, no scary diseases. Good luck!
You are on Phuket for a few months a year. And those other months? I assume in NL.
You are registered in NL, have a healthcare policy, pay taxes, and are entitled to a tax credit in NL. So you have not left NL immediately and are subject to Dutch law. ABOUT THAT you could consult a notary in NL to test my vision. Then you make a will in NL according to the possibilities that NL law offers you both.
Then there is the question of whether Thai law is about your apartment; consult a Thai expert before asking the notary in NL. Then take his vision with you and present it to the NL notary.