# Thai Inheritance guidance



## GrievingKids

Hi. I'm hoping you can offer me some guidance at this difficult time please. My Dad (australian) unexpectedly passed away in Thailand just 2 weeks ago. In usual circumstance, my brother & I would fly to Thailand immediately to fulfil Dads final wishes, but we can't due to Travel restrictions ( we're in aust).Dad was married to Thai lady who i have a good relationship with. I cannot locate a Will in Aust and wife says she cannot find. Dad and wife ran business together and sold around 6 months ago. Dad has employed many Thais and supported local community. His wife has listed their home for sale (already!) & I believe home and land title are in her name (as non thai can't own land).She says she will keep all money from sale of property and I am not entitled to anything. What are the Thai Inheritance Laws surrounding this? Can I make a claim against the property, even though in her name? I'm sure my Dad would not have wanted this for any of us and so would like to know my rights. Also, hospital asked me for authority to release Dads body to wife ( which I did as I knew it was important to wife,) but why am i considered Next Of Kin in this situation but not in inheritance? Wife has also asked me to complete paperwork for her so she can access Dads thai bank account ( money around 5% of home value) Sorry for long post but I am losing a lot of sleep over this and would really appreciate some guidance- please everyone, stay safe with COVID 19.


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## Thai Bigfoot

Without a really legal Thai will, that's in your possession, you get nothing.
The society is set to take everything from a falang.
No will = no inheritance. Wouldn't matter if you were here.
How old are they and how long were they together? 
You can't make a claim against the property. Heck, he couldn't make a claim against it if she had died. It would go to her relatives.

Curious that she didn't have access to his bank account. The only way he could have gotten it to you was to provide you with the information so you could have transferred it immediately upon his death.

If a Thai lawyer offers to secure things for you, don't pay anything until the money is firmly in your hands.

Good Luck.


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## Meritorious-MasoMenos

I just deleted my comments, seeing it was a Thai bank account. I thought it was an Aussie one. I had written that I know nothing of Aussie law but in U.S., bank holders can designate who gets assets of their accounts upon their death, with no will needed. Have no idea what Thai bank law says, but as stated by Bigfoot, unlikely to favor foreigners in any way. ... Though if she needs your permission for access, maybe your father put you down on it as inheritor.


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## Thai Bigfoot

"...Though if she needs your permission for access, maybe your father put you down on it as inheritor..." 

Maybe, but, she's probably trying any means to get any money that's in the account. The bank just won't give it to her. Regardless, it's unlikely you'll ever see a baht.

If you know the bank, name on the account and number, try contacting the bank. A very long shot, though.


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## CallumR

Since the property is in the wife's name it does not technically form part of your fathers estate. The bank account however does and unless your father declared a beneficiary on the account other than you, under section 1629 of the Civil and Commercial Code of Thailand you would be entitled to inherit. If you contact the Australian embassy in Bangkok they can probably recommend a Thai lawyer to handle your fathers estate.


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