Dear readers,

My wife and I intend to move to Thailand in a few years. My wife has a large piece of land on which we have built a house. Now the question has arisen how we can ensure that the land and the house are sold and that the financial arrangements are arranged with my children in the Netherlands in the event of our simultaneous death? So execution of a will.

And what if my wife dies early?

I know that a farang cannot own land, how is it arranged? We are officially married according to Thai and Dutch law.

Greetings,

Eric

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7 responses to “What happens to our house in Thailand if we die simultaneously?”

  1. Tino Kuis says up

    So you already have a will. It's about the execution.
    Well, appoint an executor. This is called in Thai ผู้ดำเนินการพินัยกรรม (one who executes the will) or ผู้จัดการมรดก (someone who arranges the inheritance). I don't know how you came across such a person, maybe inquire at a law firm?

    • Lung addie says up

      Dear Tina,
      the lawyer himself can be appointed as executor when drawing up the will. By the way, I did it that way and also already had the price determined and paid. So no more hassle afterwards.

    • Maryse says up

      Usually the executor is someone you choose from your circle of friends because you trust that person. In my case, such a person is therefore included in the will with the clause that if that person is unable to execute it by that time, the law firm will take over.
      But I don't know how to do that if your wife dies earlier. Also a question for the lawyer.

  2. Erik says up

    Eric, reading your question, thoughts come to my mind.

    I think you live in NL and have NL wills. If you read this blog you will have seen that the validity of a NL will in TH is being questioned. The law is different!

    In addition, if you have lived in TH for X years, a Dutch notary can refuse to execute your will. That has already happened. Who guarantees that you, or your wife, are still together in TH and/or have not remarried?

    My advice is, as soon as you emigrate, that you look for an expert lawyer in TH. My TH ex calls that person a thanaai; a lawyer with an additional notarial note. In Thai ทนาย.

    Does Thai law have 'simultaneous death'? And if you die before your wife, and everything is in her name, how can you in any way record that after all the money will go to your children?

    And if she dies early, is her will on the surviving spouse? Yes, if you inherit land on the basis of TH inheritance law, you can get the land in your name, but for habitation max 1 rai (1.600 m2) and for max one year.

    Tino has your message about appointing an executor. Also keep in mind that TH does not have a Central Will Register like NL, and if family finds your will, it can be made to disappear with impunity.

    So my advice: seek professional assistance. And here, too, the cost precedes the benefit.

  3. Keith 2 says up

    Tino, I don't think Eric has a will yet.

    Eric, go to a Thai lawyer who also has notarial authority and have a Thai will drawn up.
    If the land and house are in your wife's name, then I wonder if your children in NL can inherit something. It will then go to your wife's heirs.
    Perhaps the house can come in company name, so that your children in NL CAN inherit something?

    Anyway, call in the right expert!

  4. khaki says up

    I am currently drawing up a will about my Thai assets (being only 2 Thai bank accounts) for my Thai wife. It was also discussed where, upon my death, she should submit this will to the Thai court. serve.
    Response from my attorney: She can file the petition to court which has the jurisdiction over your residing address. In case you do not have the permanent address, the petition should be filed to the court where the assets are located.
    So in your case I would look for a lawyer (for further advice) where you own the plot of land with the house.

    Khaki

  5. Keith 2 says up

    Simultaneous death will only occur in an accident where you both die simultaneously.
    If one person dies 1 minute later (determined by a doctor or witnesses) than the other, there is in principle no longer a simultaneous death.

    There was a sensational case in the Netherlands where a young couple (on their honeymoon) died of food poisoning in the Dominican Republic. Initially, the court found that it was an exceptional case and that it was fair that the inheritance should be divided equally between the families of both, but on appeal it went to the family of the groom, who died half an hour later than the bride .

    https://www.ad.nl/den-haag/erfenis-op-huwelijksreis-overleden-michou-en-jeroen-gaat-naar-nabestaanden-bruidegom~a595ec2a/


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