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Home » Reader question » My father recently passed away in Thailand, what about the inheritance?
My father recently passed away in Thailand, what about the inheritance?
Posted in Reader question
Tags: Heritage, Heir apparent, Passing away, Last will
Dear readers,
My father recently passed away in Thailand. Married to Thai under Thai law, not NL law. He was also still officially living in NL. There is a Dutch will in which the 2 children and grandchildren are heirs.
My question:
- to what extent can his Thai wife claim property, money, etc. in NL.
- to what extent can his Thai wife claim the Thai bank account.
The house in Thailand, car, etc. are registered to his Thai wife. They are natural for her.
Personally I would say:
Wills will apply to NL, Thai law will apply to Thailand. But since the notary doesn't already know this, I'm asking here. According to the notary, we should hire a lawyer. Is this so complex now?
thanks in advance
Regards,
Erik
Editors: Do you have a question for the readers of Thailandblog? Use it contact form..
Married in Thailand not registered for Dutch law, = not married for Dutch law.
so this is used for Dutch property matters. It would be a shame for his wife there if nothing had been arranged there (bequeath) for her. but the Dutch heirs should be able to provide this voluntarily in harmony in line with the thoughts and beliefs of the deceased.
still sorry,
Erik
Thank you for your response and condolences,
Marriage has been legalized. Don't know if that would be registered under Dutch law, but nothing is registered in NL itself
It has been agreed with the children to provide ample financial support to his Thai wife, that was his will and that will also happen in addition to the Thai properties she will receive.
She really won't be forgotten
Dear Erik,
Condolences and strength.
As for the money in the Thai account in your father's name: the widow will have to prove to the court in Thailand that she is married to your father. His possessions will be discussed and also the possibly. other heirs, such as his children in the Netherlands. The heirs in the Netherlands can, in writing, waive the Thai possessions and money.
Hopefully you have good contacts with your father's Thai wife.
Success.
The inheritance law is comparable to the Dutch law.
In my opinion, in Thailand you do not normally marry in community of property.
Another factor is that his NL children are not allowed to own land in Thailand.
Does he also have children in Thailand?
Do you have contact with his Thai wife?
And is that friendly?
Is the bank account there in both names or just his name?
A lawyer is only necessary if you want to make it official.
A lawyer specializing in family law, international inheritance law.
You can, but it will cost you thousands of euros.
And then everything is divided, whereby his wife also receives her inheritance.
You can also arrange it among yourselves….
I would contact her and make an offer.
Can she actually access his Thai bank accounts?
And if not help her gain access.
Agree that everything in Thailand is for her, including any financial contribution.
And everything in the Netherlands is for the children.
She will of course keep her right to his pension and any widow's benefits, state pension.
You could request/arrange this for her in the Netherlands.
Jos, what you say here really raises questions.
Land ownership by farang is allowed if it originated from an estate, but with strict conditions; check out the Land Act!
The widow is only entitled to AOW if the widow was once insured for the AOW and that is, the main rule, if she has ever lived in NL. That means waiting until she has reached state pension age. 'Right to his pension' is also not always, but depends on the conditions of the pension policy of the deceased.
And then 'thousands of euros' to a lawyer in Thailand? I think you're scaring the family wrongly. The rate of a lawyer depends entirely on how difficult the case is. It is possible for a small part of the rate you have reported.
But the case does indicate that as a farang in Thailand you have to arrange these matters on time and properly. Unfortunately, not everyone does.
In English. If you don't understand it, just google it.
Foreign land ownership by succession
Section 93 of the Land Code Act: “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 section 1629 Civil and Commercial Code a statutory heir (ie heirs who are so entitled by Thai law) and it seems that he can apply for permission of ownership of inherited land from his Thai spouse pursuant to section 93 of the Land Code Act. But ownership will not be given to the foreign spouse. The over fifty year old Section 93 of the Land Code Act is written for inheritance of land by foreigners under a treaty (section 86 of the Land Code Act) and does not apply to foreigners acquiring land by inheritance from a Thai spouse. There is currently no treaty with any country allowing any foreigners to own land therefore no Minister of Interior will or can give permission to any foreigner to own land in Thailand. Note that it is only since 1999 that Thai nationals married to a foreigner are legally allowed to acquire land (read up).
The answer to the question 'can a foreigner inherit land in Thailand' is yes, as a statutory heir, but he cannot register ownership of the land because he will not be given permission. Under present law he must dispose of 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.
https://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html
In summary, this actually means that you can inherit land from your wife, but you will not be able to register the land in your name because the Minister will not grant that permission.
You still have a year to get off that ground. To a Thai, of course.
The relevant Land Act.
https://library.siam-legal.com/thai-law/land-act-2497-limitations-of-foreigner-rights-sections-86-96/
Point of attention Eric:
Because your father was still officially resident in NL, he was legally obliged to register the marriage concluded in Thailand with the municipality where he lived.
I don't know what the legal consequences of non-registration are.
Can the marriage (with the translated and legalized proof of marriage) still be registered retroactively?
Dear Erik,
A civil-law notary who understands this; Mirjam Bos te Grou,
Condolences and good luck, it's great that you don't forget his wife!
For Thailand you will have to hire a lawyer to go to court. costs about 60000 baht. What a notary does in the Netherlands, the judge does in Thailand.
In a number of the responses mentioned above, it is unfortunately forgotten that there is a will. Children and grandchildren are heirs according to that will. The Thai widow therefore inherits nothing, but already has the house and the car. You write that the widow will be well taken care of; that's great and in that context you could have the Thai bank account put in her name. This requires the cooperation of the heirs living in the Netherlands (?). Ask the bank in question what they need in terms of official documents to realize this.
The first part of the response is based on my experience (checks with a local Thai lawyer) not completely correct.
A will in the Netherlands is not legally valid in Thailand.
In the absence of a will in Thailand, the assets - in the event of a legal marriage - revert to the surviving partner.
Sorry for your loss.
Recently checked this for myself (married to a Thai) with a local Thai lawyer with whom we have done more business:
A will in the Netherlands is not valid in Thailand.
In the absence of a will in Thailand, the assets there fall to the longest living.
Distribution in the absence of a will
Thai inheritance laws designate intestate heirs and so long as there is an heir surviving in one of the classes, the heir of the lower class has no entitlement to share in the assets. The one exception is where there is a descendant and a parent in which case they take an equal share (section 1630). If there is more than one heir in any one class, they take an equal share of the entitlement available to that class.
The surviving spouse is a statutory heir but their entitlement depends on what other class of statutory heir exists. If there are surviving children of the deceased, the spouse and children take the estate between them. Therefore, if there are three children, then the estate is divided into four equal shares.
Legal foreign wills are acceptable in Thai Courts subject to being translated and authorized at the Ministry of Foreign Affairs, but the legal procedure to enforce it can take a long time. The execution of a foreign will in Thailand is always subject to a court procedure.
https://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html