Foreign funded land in a Thai name

[Burger]

Unfortunately, wrong, Burger!
After 2 years fighting in the court (although I had a valid will), my parents in law have to give up...but just because they hadn't enough money anymore to pay for their lawyer.
If they'd be able to contest the will of her late daughter furthermore, I wouldn't have any chance to win!
The Thai-court isn’t willing to accept a will normally, which exclude Thai-parents from the hereditary result

Hogus, I do not know the situation of your will etc, and as the court case did not run it's course we do not know who would have won etc.
There are strict guidelines of how wills are to be made in Thailand, if someone doesn't have it done by a knowledgable lawyer then maybe it will not be vaild. There are many circumstances where family members can contest wills, ie: the will was not made in accordance with Thai law, it was made under duress, it contravenes Thai law etc.

But Thai law states the following:

Section 1603 Civil and Commercial Code - An estate devolves on the heirs by statutory right or by will

Section 1625 Civil and Commercial Code - If the deceased was married, the liquidation of the property and the distribution of the estate between the deceased and the surviving spouse shall be as follows: as regards the share in the property of husband and wife, such liquidation shall take effect as from the date of the dissolution of marriage by death.

Department of Land Code Section 93 states - The Minister shall permit the inheritance of land by an ALIEN (foreigner) who is the LAWFUL heir, but such acquisition, when added to that which is already held, my not exceed the amount which may be held under Section 87.

Department of Land Code Section 87 states - an alien (foreigner) may acquire land by inheritance as statutory heir, in this instance, the land devolved when combined with the land already acquired shall not exceed that specified by law, for examples, land for residential purpose not exceeding 1 rai per household.

Article in Bangkok Post by Thai Lawyer - "According to the law, a will is a gift that will take effect on the death of the donor or owner of the will. All inheritances will then be handed over to the heir stated in the will. Inheritence encompasses all kinds of properties and rights".


Bottom line is we do have rights under Thai law, I guess they may be a 'bit grey' though

Burger

[buksida]

So what you're saying that if we both made wills and, god forbid, something happens, I as an "alien" can legally own 100% of the land and house providing it does not exceed 1 rai ?

The trouble with all these "grey areas" is not enough people really know enough about them but too many people think they do.

[Burger]

So what you're saying that if we both made wills and, god forbid, something happens, I as an "alien" can legally own 100% of the land and house providing it does not exceed 1 rai ?

Not exactly , the land and house will be left to you the surviving spouse under the will, then you can apply to keep the land (register it in your name), the Minister can then approve this or not.
If they do not approve, they give you something like 180 days to dispose of land and house (sell or give to your kids).

This revision to the land code (section 96) came into effect in January 2002, it was the one where they introduced the 40m Baht investment thing. Be interesting to see how many foreigners have had the land given to them by the Minister in this way.

See Department of Land website:
http://www.dol.go.th/guide/land_080745_eng.htm

Burger

[tuktukmike]

This is really great news if true.

The days of the dead farang may be over.

I think we can see an end of the family knocking off the farang for the property and see the reverse in effect.

Mike.

[hogus]

Well, Burger, to have right and to get right are very different things, as you should know by yourself, right?
Fact is, that the position of a farang is very weak, if he has to go to court.
Most judges will interpret the Thai-Laws in favor of their compatriots, unless a farang can prove coarse offense in morality, lifestyle...i.e. alcoholism, criminal offenses etc.

I also think, that nobody has the idea to run to a court for many years as a former investor or as a surviving relative, just because the interpretation of law changed again, or so called 'gray zones' affect him after a while.
After reading many comments it's an indisputable fact for me, that every investment (even as a Farang-spouse) in Thailand is very, very risky, especially in view of land&houses.

Of course, everybody can do with his money and his future what he wants to do, right?
My private result is, that I'll keep my money instead buying foreseeable problems!!!

Anyway, make it easy, mate, if Thailand wants, that foreigners can buy and own real-estates (may be even limited as in Malaysia) as private persons, they'll liberate their law, and all of us will know about this immediately...for sure!

...and, hey, Mike, I fear the times of dead farangs won't be over soon, so long their ownership of important things aren't clear, and no other party can be involved anymore.

[caller]

This is really great news if true.

The days of the dead farang may be over.

I think we can see an end of the family knocking off the farang for the property and see the reverse in effect.

Mike.

The same `quip' was used by Sunbelt when discussing this very point and stating exactly what Burger has said, but on another forum. Something about suspicions may be aroused if more than one wife dies!!!

[buksida]

I'm inclined to agree with hogus on this one, besides I just spent my 40 million on a satellite TV system so I can actually watch the world cup in the house I have no legal rights to.

[tuktukmike]

Lets all take Dr Daves advice on Helmets.

Make sure you buy a good one.

There are going to be Thai girls dropping off balconies all over Thailand so everyone should wear protection.

On a serious note, I do know of people who still wait for satisfaction after a court ruling in their favour, seems it can take years if ever.

Mike.

[hogus]

Hey, buksida, I hope you invested your 40 mio in a Thai-government-satellite-program...than your chances are raising up to be really the owner of your house.
Ask the Minister...he should know!

[Big Boy]

Burger,

Your posting on the Thai law is the most refreshing bit of news I've seen on HHAD for several weeks now.

Please don't take this the wrong way (i am asking a genuine question), but with what authority have you quoted the law ie:

* are you in the law business?
* do you know somebody in the law business who is feeding you this information?
* are you a barrack room lawyer (no offence meant)?
* is the whole thing hearsay, that you've converted in to a posting?

Basically, I need to know how reliable that information is, do I need to get it ratified, and if I do can you point me in the right direction?

I had always assumed (as it seems many others have) that should anything happen to my wife, or if we were to split up, I would lose everything. I am now hoping that my earlier assumptions were wrong.

[Burger]

Big Boy,

It's all just quotes from the Department of Land or from the law of the land.
It's info that's available to everyone.

Cheers,

Burger