How Do I Inherit as a Thai Wife of a German Husband?

How Do I Inherit as a Thai Wife of a German Husband?

When dealing with inheritance as a Thai wife of a German husband, the process can vary significantly based on the circumstances, such as where your late husband had his usual residence and whether or not he left a will. Below, we explore the key factors and provide clarity on the steps involved.

 
1. Where Was the Usual Residence of Your Husband?
a) Residence in Thailand
If your husband had his usual residence in Thailand and there is no specific legal declaration, Thai law generally applies to his inheritance. According to Thai inheritance law:

With a Will:

The will determines how the estate is distributed, provided it is valid under Thai law.
As the wife, you are entitled to inherit according to the provisions of the will.
Thai law does not mandate a "compulsory share" for children, so the terms of the will are usually respected.
Without a Will:

Thai law follows the statutory order of heirs, which includes the spouse, children, and other relatives.
As the surviving spouse, you share the estate with any children. Typically, the spouse and children divide the inheritance equally.
b) Residence in Germany
If your husband resided in Germany, the rules are different, as German inheritance law applies in most cases unless he explicitly declared a different jurisdiction in his will:

With a Will:

The will governs the distribution of the estate, as long as it complies with German legal standards.
German law, however, enforces compulsory shares for certain heirs, such as children and spouses, even if the will specifies otherwise.
Without a Will:

German inheritance law defines the statutory heirs, which include the spouse and children.
As the spouse, your share depends on whether other heirs, like children or parents, exist. For instance:If children exist: You inherit one-half of the estate.
If no children exist but parents or siblings do: You inherit three-quarters of the estate.
 
2. When a Will Exists
A valid will simplifies the process but may raise questions about jurisdiction and validity:

If your husband resided in Thailand but created a will under German law, it might still be valid if it meets German legal standards.
Similarly, a will created under Thai law is generally valid if your husband resided in Thailand.
In both cases, the will should specify how the estate is to be distributed. Working with professionals to navigate the legal complexities in Germany or Thailand is crucial to ensure the will is respected.

 
3. When No Will Exists
The lack of a will introduces complexity:

If your husband resided in Thailand, his estate is divided according to Thai statutory inheritance law.
If he resided in Germany, the estate is handled based on German statutory inheritance law.
In both cases, as the spouse, you have legal rights to a share of the inheritance. However, disputes may arise, particularly if there are multiple heirs. Consulting a legal expert ensures your rights are protected.

 
4. Practical Steps to Take
Determine Jurisdiction:

Identify where your husband’s usual residence was and whether there’s a valid will.
Gather Documents:

Obtain the will, marriage certificate, and other legal documents.
If your husband’s assets are in Germany, you may need translations and notarizations.
File for Probate:

In Thailand: Submit the will to a Thai court or proceed with statutory inheritance if there is no will.
In Germany: Apply for a certificate of inheritance (Erbschein) or follow statutory inheritance procedures.
Seek Professional Guidance:

Laws in both countries can be complex, and navigating dual jurisdictions requires expertise. Engage professionals familiar with both Thai and German inheritance laws.
 
Key Takeaways
The legal process depends on where your husband had his usual residence and whether a will exists.
Thai law applies if his residence was in Thailand, while German law applies if he resided in Germany.
With a will, inheritance follows its provisions, but statutory shares may still apply under German law.
Without a will, statutory inheritance laws govern the process, giving you certain rights as the spouse.
If you are facing inheritance challenges, don’t hesitate to seek guidance. Taking action promptly ensures your rights are respected, and the wishes of your beloved are honored.