Family Law and Inheritance Law
In the area of family law Advocates Moser & Partner advises foreign clients on such matters as closing and dissolving marriages, child custody disputes, disputes regarding the property of husband and wife, guardianship and adoption.
We also draft prenuptial agreements and assist with the registration of marriages in Thailand. Furthermore, we advise on aspects of international family law.
The purpose of the prenuptial agreement is asset protection against claims of the estranged or divorced Thai spouse in one’s home country. However, most of our clients and even some lawyers are not aware that a prenuptial agreement needs to meet certain requirements to be not only enforceable in Thailand but also in the home country of the foreign spouse. Under EU law for example, a prenuptial agreement needs to be legalized by the foreign embassy to protect the foreign spouse against claims of the Thai spouse in the case of divorce.
In the field of inheritance law there are two typical scenarios we encounter in our daily practice:
Clients who have their domicile or own property in Thailand wish to draft a will under Thai or foreign law. Please note that under Thai law as under foreign law, wills need to meet certain formal requirements to become legally enforceable. Advocates Moser & Partner will explain to you in detail how a will can be erected and how your heirs can enforce it under Thai law.
Administration of estate: heirs of a foreigner who owned property in Thailand are trying to obtain their legal inheritance. Whether the testator bequeaths real estate, bank accounts or company shares, it is always necessary to obtain an order from the competent family court. The court of jurisdiction is either the court at the place of residence of the testator or the court at the location of the asset.
We have also experience with international inheritance cases. Once we successfully assisted the widow of a US citizen in cooperation with an excellent US probate attorney to obtain her inheritance in California in a spectacular probate case which was pending in an LA court for two years.
Do not hesitate to book a free first consultation with our experts for family law and inheritance law to find out more.