What Happens in Thailand if a Foreign National Dies Without a Will?

[reader]

The following has been discussed in other posts by Isaan Lawyers. I now leave it to our in-house legal experts to pass judgement.

From Pattaya News

When a foreign national dies in Thailand without a will, the process of handling their estate can be complex. Here’s a detailed look at what happens presented by our sponsors and friends at Issan Lawyers.

Application of Thai Law

Thai inheritance law applies to the estate of any person who dies in Thailand, including foreign nationals. This means that if a foreigner dies intestate (without a will), their estate will be distributed according to Thai statutory inheritance laws.

Distribution of the Estate

The estate of the deceased will be distributed among the statutory heirs as defined by Thai law. These heirs are categorized into six classes, similar to those for Thai nationals:

1. **Descendants**: Children and grandchildren.
2. **Parents**: The deceased’s mother and father.
3. **Brothers and Sisters of Full Blood**: Siblings who share both parents with the deceased.
4. **Brothers and Sisters of Half Blood**: Siblings who share only one parent with the deceased.
5. **Grandparents**: Both paternal and maternal grandparents.
6. **Uncles and Aunts**: The siblings of the deceased’s parents.

Probate Process

The probate process involves the court appointing an estate administrator to manage and distribute the estate. This process is necessary to ensure that the estate is handled according to the law and that all heirs receive their rightful share.

Foreign Property and Assets

Foreign nationals may have assets both in Thailand and in their home country. Thai courts generally handle the distribution of assets located within Thailand. For assets located outside Thailand, the laws of the respective country will apply. It’s important to note that a will made in the foreign national’s home country may not cover property in Thailand, leading to potential complications.

Special Considerations for Foreigners

– Inheritance of Land: Foreigners can inherit land in Thailand, but they must receive approval from the Minister of Interior. The share of land that a foreigner can inherit is subject to certain limitations.
– Foreign Wills: Foreign wills can be recognized in Thailand, but they must meet specific legal requirements. It is advisable for foreign nationals to create a will in Thailand to ensure their assets are distributed according to their wishes.

Conclusion

Dying without a will in Thailand can lead to a complex legal process, especially for foreign nationals. The estate is distributed among statutory heirs according to Thai law, and the court may need to appoint an administrator to manage the estate. To avoid potential complications and ensure that your wishes are honored, it is advisable for foreign nationals to create a will that complies with Thai law.

[TMax]

1 hour ago, reader said:

Foreign Wills: Foreign wills can be recognized in Thailand, but they must meet specific legal requirements. It is advisable for foreign nationals to create a will in Thailand to ensure their assets are distributed according to their wishes.

If I were living in Thailand I would have a will in both Thailand and Australia to cover the assets in each country, the beauty of having concurrent wills takes away some of the hassles especially if people think of taking out an international will. 

[khaolakguy]

4 hours ago, reader said:

The following has been discussed in other posts by Isaan Lawyers. I now leave it to our in-house legal experts to pass judgement.

From Pattaya News

 

Distribution of the Estate

The estate of the deceased will be distributed among the statutory heirs as defined by Thai law. These heirs are categorized into six classes, similar to those for Thai nationals:

1. **Descendants**: Children and grandchildren.
2. **Parents**: The deceased’s mother and father.
3. **Brothers and Sisters of Full Blood**: Siblings who share both parents with the deceased.
4. **Brothers and Sisters of Half Blood**: Siblings who share only one parent with the deceased.
5. **Grandparents**: Both paternal and maternal grandparents.
6. **Uncles and Aunts**: The siblings of the deceased’s parents.

 

 

No mention of husband or wife in the distribution..................

[vinapu]

10 minutes ago, khaolakguy said:

 

No mention of husband or wife in the distribution..................

You have such sharp and no doubt trained eye.

It really is puzzling as it possibly either was overlooked above or Thai statutes say if there's surviving spouse and no will , spouse gets everything. Just my guess.

I'm surprised by distinction of full and half blood siblings but it is what it is, ingrained cultural norms perhps ?

 

Bottom line of all this type of discussions is make sure that you have a will unless you don't care at all about what happens with your possessions after you die. I know few of such people and feel already sorry for what their beneficiaries  are up to when time comes. 

[reader]

20 minutes ago, khaolakguy said:

 

No mention of husband or wife in the distribution..................

Or "mia nois" 🙂

[Riobard]

2 hours ago, khaolakguy said:

 

No mention of husband or wife in the distribution..................

You don’t need to be trained in law to determine in a few seconds that a surviving spouse, according to the legislation, whether cohabiting or separated, has the statutory right of inheritance. Divorced status would necessitate a different adjudication process. The summary presented above appears to be a standard hierarchy of succession based on blood relation. I haven’t drilled down but I assume that surviving spouse trumps any allocation in the context of otherwise missing specificity.

 

[vinapu]

8 hours ago, Riobard said:

You don’t need to be trained in law to determine in a few seconds that a surviving spouse, according to the legislation, whether cohabiting or separated, has the statutory right of inheritance. 

here most likely you are right but with 200+ jurisdictions in the world I would be tempted to check statutes to come into any final conclusion.

Even if  underscored is sure thing, what portion of inheritance surviving spouse is entitled to may greatly vary depending of jurisdiction. I learned it first hand when my mother, who lived in different country ,  died . It turned out that inheritance  laws there and where I live are substantially different. We did not have any issues with that but learned about those differences nevertheless. (her part of family home  here would automatically go to surviving spouse, over there ownership of  her part was to be  divided between surviving spouse and children in even parts). 

[Riobard]

8 hours ago, vinapu said:

here most likely you are right but with 200+ jurisdictions in the world I would be tempted to check statutes to come into any final conclusion.

Even if  underscored is sure thing, what portion of inheritance surviving spouse is entitled to may greatly vary depending of jurisdiction. I learned it first hand when my mother, who lived in different country ,  died . It turned out that inheritance  laws there and where I live are substantially different. We did not have any issues with that but learned about those differences nevertheless. (her part of family home  here would automatically go to surviving spouse, over there ownership of  her part was to be  divided between surviving spouse and children in even parts). 

I was correcting a binary concept as upthread the conclusion appeared to be possible spousal exclusion according to Thai inheritance law. For sure, as you advise, check the small print as a national or resident farang prior to scratching out your last wishes on the Foodland napkin if you wish to spare your beneficiaries subsequently running through Agatha Christie plot lines. 

[vinapu]

3 hours ago, Riobard said:

 spare your beneficiaries subsequently running through Agatha Christie plot lines. 

in my working life I saw plenty of those type of actions. As result I'm firm believer that from , say age of 40, The Will should be mandatory for everybody without either spouse , children or both on pain of everything being garnished by the state upon death. Surprisingly often estate feuds are not about  money but who is supposed to be in charge

From all I know will scratched on Foodland napkin as long as it's properly signed, dated and witnessed would be valid. 

[Riobard]

34 minutes ago, vinapu said:

in my working life I saw plenty of those type of actions. As result I'm firm believer that from , say age of 40, The Will should be mandatory for everybody without either spouse , children or both on pain of everything being garnished by the state upon death. Surprisingly often estate feuds are not about  money but who is supposed to be in charge

Especially a garnishment involving Colonel Mustard in conservatory while waving poker ominously. 

[vinapu]

1 hour ago, Riobard said:

Especially a garnishment involving Colonel Mustard in conservatory while waving poker ominously. 

Falsificarea acestor bilete se pedepseste conform  legilor

[Riobard]

21 minutes ago, vinapu said:

Falsificarea acestor bilete se pedepseste conform  legilor

Attendendum, Domine, cum gratiarum actione.