"Life interest" in legal terms
My daughter works for the Public Trust in Brisbane. She recently spoke to me about the legal term "life interest" when I told her that I want a caveat in my will that makes my NZ and Australian assets hers and her brother's, but that I want my (Thai) wife to receive rental for a period of years before they (the kids) can sell or take over.
She said that the caveat is called "life interest". Sounds reasonable.
It occurred to me that this legal technicality could work well for farang in Thailand that fear their wife might predecease them.
Scenario: I by some land and a house in Thailand with 51% (or all if you are like me and trust your wife) belonging to the Thai. She makes a will that gives you a life interest in the property but ownership is in her other heir's name. So, upon her untimely death, her assets are bequeathed to other Thais, but with life interest to you (and your heirs maybe). Thus, Thai property laws are maintained in that 51% remains in Thai name, but you (and your heirs, perhaps) still get to use the property. Perhaps at a peppercorn rent.
Is this feasible? Is there a "life interest" type of scenario in Thai law? Would it work to protect your investment/interest in Thai property?
eg, her will could say something like, "I leave my 51% share of the house to my nephew, BUT he can not take possession for xx years, and my husband will live there as he pleases, and pay my nephew 10 000 baht per year as rent."
Has this been done? Can it be done?
I ask this under the impression that if a farang and his wife bought a property 49-51 % ownership, if the Thai dies before the farang, he has a year to sell his 49% even if his wife bequeathed everything to him because he can not own more than 49% of a property.
"Life interest" could be a solution.