Selling land bound by a will

My Thai wife was married to a Thai man who unfortunately died in a bus accident. In his will, which is signed by two witnesses, he left some land for his daughter and his then-unborn son. The will says that only the children control the land and that they cannot do anything with it until they are 18 years old. Can my wife sell this land and use the proceeds to buy land elsewhere and build a house on it, and then transfer ownership back to the children to secure their future? She wants to do this so her children can have a better quality of life and education. Is it possible for a lawyer to do this? What does she have to do?

Tobby, Patong.

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The will seems to stipulate clearly that nobody can do anything with the land until the children are 18 years old. If your wife wants to sell the land, she will need permission from a court. However, most cases like this are denied. The best thing to do is get a lawyer’s advice before doing anything.

Threeradech Thanakornkaew, Royal International Law Firm.

Answered on November 9, 2001.
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