prakhonchai nick

Guys..

Whilst filling in my tax form my wife asked..will it be easy for me to get my widows pension..I have a company pension..when you are not above ground...well not in those words.

She is a Thai but also a British Citizen, however she never worked whilst living in the UK or had a NI number issued. I did enquire but wow they made it so difficult we gave up.....

Speaking to the IR just now they told me that she would need an NI number so as to be able to claim a personal allowance, so as to get 20% relief.

Any ideas of the way forward please.address etc for her to write to please....Google has not been my friend!!

I seem to recall having answered this very same question before.

When you die (assuming your wife is still living) she will be entitled to Bereavement benefits. She will claim these (or someone will assist). It will likely take the best part of 6 months, but once settled, she will be allocated a NI number automatically by the Dept of Pensions. This she can then forward to the Inland Revenue to be given a personal allowance.

They will not give a NI number under any other circumstances, unless your wife is in the UK and wants to work.

First you will need to apply for a British birth certificate at the British Embassy. Then you must forward that with all the other documents to Hong Kong YOURSELF. The Embassy will not act as a post-box.

Rest in peace. Horrific accident also in Korat Saturday. Sympathy to the families. In God we trust.

Rest in peace yes........In God we trust...........no way! Life is up to each and every one of us! Nobody else!

Put up a barrier, and charge 10/20bt for everyone who wants to pass, Perhaps Mr Cardholder would care to man it!

[quote name='riley76' timestamp='1292567742' post='4093230'

was thinking once done I would inform my hon consul,

Why would you want to do that?

I can't imagine he would be the slightest bit interested!

I would suggest you keep all your documents concerning assets together with the will, so as to be easily accessible when the time comes by whoever will assist your wife and children deal with your affairs.

to all posters about wills . please advise if i am correct

i am married and own my own truck i also have to keep visa money in a thai bank plus i have other accounts mine, i pay my pensions into . I want to make a will leaving all monies to my youngest son , was thinking once done I would inform my hon consul, The truck can stay, as well as the house i have a lease on,[ownership in the wife's name, of course,] i think how ever it might be possible to change ownership details in the blue book as though it was sold. but visa rules and ownership come into play sorry to have wandered off motor forum with which i am impressed thanks Riley 76

You need a will for your Thai assets.

Without one, your youngest son would get at best 50% and possibly less.

You also need to specify what happens to the other assets. otherwise these will be distributed in accordance with Thai intestacy laws which means various people receiving a %. Somewhat difficult for a car!!!

If it's HP, then it will be registered in the name of the finance house initially. Once the loan is paid off it is transferred. Presumably then it would be regarded as "secondhand"!

When you purchase a car on HP, the blue book notes the financer and the financed buyer's details. When you pay out the loan, it's noted that the lien is no longer in effect, and the financed buyer becomes the unencumbered owner - so no actual transfer of ownership, only title.

As you say that may well be the case, but when is a "New Car" not a new car? Finance is usually from 2-7 years. Hardly "new" after that!

If it's HP, then it will be registered in the name of the finance house initially. Once the loan is paid off it is transferred. Presumably then it would be regarded as "secondhand"!

I don't claim to be an "expert" - merely a lawyer and member of the Thai Bar Association (and that's probably not the same bar most here frequent).

prakhonchai nick: were the mother, daughter or grandparent you referred to farangs? (A rhetorical question)

They were all Thais

I was assisting with Uk bereavement benefits, and advised that a local lawyer would be required to arrange transfer from the deceased mother using the local court. Amazingly, it was all done without lawyer, court, and within 3 days of the mothers cremation.

I imagine a few palms were greased!

I have been in Thailand for 24+ years and refuse to be given the run-around by some jumped up clerk. There is usually no rhyme nor reason for their demands, but they are insisted on, because nobody ever considers it necessary to ask why. In fact employees are not permitted to ask WHY of their employers! And a normal Thai person will rarely ask why - just do whatever is asked of them.

There is usually an alternative, and in this case making a will is a far better and likely cheaper alternative.

Don't become a trained poodle (or rottweiler)!

The system of wills is similar here to most Western countries except that here instead of obtaining probate, approving a will and the naming of the executor/administrator is done by the local court. You would, therefore, need a copy of the court's approval to have car ownership transferred.

Keep it simple - make your wills.

I will not comment on the bulk of your post, since I too, like Cardholder, am no expert.

However, just recently a house was transferred from a deceased Mother to her 19 year old daughter - no will -via a circuitous route involving a grandparent. There were no executors and no involvement of the local court. All occurred within 1 day and within a week of the Mothers death!

I agree with you fully in that wills should be made.

TIT

Thanks,

Even if neither of us are Thai?

It is the assets that matter not the beneficiary.

Have just referred your query to my daughter, (a lawyer) and she says it is permissible to have vehicle ownership in joint names. Suggest you pop down together to the land transport office. (If neither of you speak adequate Thai - take a Thai with you)

As Cardholder said the simple answer is to make a will to cover just your Thai assets.

In the event of your wife dying intestate, any Thai assets (including the car) will be dealt with under Thai intestacy laws. That basically would mean that if your wife had any family members living ( children, parents, brothers/sisters uncles aunts etc) they would automatically inherit a % of the value of the car and other Thai assets, You as the legal spouse prop up the end, and would likely receive no more than 50%

What a load of Wimps!

It's 6am and 19C now. Think of the poor buggers in the Uk where it has been continuously below freezing for more than a week.

And commiserations to Cardholder who will be joining them when his flight lands at Heathrow later today! Som Nom Na!

Can recommend the Siam Hotel. Was there just last week. 500bt and you CAN check in at 3am..

Tel No 044 625519-22

Have a look at the Korat Resort Hotel. Its just along the road from the Zoo.

I've never been there but it looks really nice from the road.

Also may I suggest a trip to the korat Fossil Museum which is also a stones throw from the Zoo and is really worth a look. They have a dinosaur museum there as well.

http://koratresorthotel.com/en/about.php

http://www.khoratfossil.org/engmuseum/index.php?option=com_content&view=frontpage&Itemid=1

Enjoy

HL

I have stayed at Korat Resort several times and can thoroughly recommend it. Ideal for families. 2 swimming pools, and just up/down the road from the zoo and water park. In the opposite direction, Dan Kwian Pottery village is less than 10 minutes away.

Normal rooms at the resort are 1000bt, with huge corner rooms at 1300bt - big enough for the family and the extended family too! Good restaurant too

To the OP, 5% per month is very cheap. Normal rate in Chiang mai is 20% per month.

5% a month is NOT cheap, but this girl is NOT paying 5%. In the first month of 5, she is paying 2500bt interest (5%), and repaying 10,000bt, That reduces the loan to 40,000 which at 5% would be 2000bt interest. Interest for the remaining 3 months would be 1500, 1000 and 500bt respectively assuming she continued to repay the loan at 10,000 a month. This contract nets at almost 10% a month interest way above what is legally allowed.

The girl willingly took the loan, and must repay it, BUT I think it would be reasonable for her to refuse to pay the excessive and unlawful interest, and perhaps pay 2% a month on the outstanding balance each month.

Not so the Thai Will can be in English

Surely a Thai will has at some stage to be translated into Thai. It normally requires approval by a local family court, and even if a bank was prepared to accept a will and death certificate, it is almost certain that they would want to see what it said in Thai.

In my part of Isaan it is possible to have a simple will drawn up for around 2000bt. It may therefore be cheaper in the long run to have 2 wills, than have to get a single will translated and certified.

You absolutely should not include your pension in your will - doing so can give rise to your pension fund being taxed.

What you should do is contact the trustees of your pension and ask for an expression of wishes form, fill that in and add a letter to your will detailing what assets you have, contacts for the trustees of your pension etc.

I agree entirely. An expression of wish form would only be required if Cardholder is unmarried. If married, the wife automatically receives the widow's pension. This is non negotiable

Would it perhaps be possible to have 2 signed copies of the same will - one for Thailand and one for the UK? This would save the expense of executing 2 wills, and also of obtaining certified copies. Bear in mind also that the will used in Thailand would need to be in Thai script, whereas the one for the UK would have to be written in English

You absolutely should not include your pension in your will - doing so can give rise to your pension fund being taxed.

What you should do is contact the trustees of your pension and ask for an expression of wishes form, fill that in and add a letter to your will detailing what assets you have, contacts for the trustees of your pension etc.

I agree entirely. An expression of wish form would only be required if Cardholder is unmarried. If married, the wife automatically receives the widow's pension. This is non negotiable

Thank you GH.

I am looking at what I consider to be a simple situation.

In the UK there would a maximum of 2 bank deposits, an occupational pension with defined widows benefits. No State pension yet (but I hope to get there eventually).

In Thailand a car, m/cy, condo and bank deposit.

I think that if I can be specific about these assets a UK bank would be able to pay out to my Executor against sight of theWill and Death Cert.

Whilst it may appear a simple situation, I believe the comment made by GuestHouse "Having two wills allows both the Thai and UK assets to be transferred independently" is a valid point

If the documents are for official use in the UK then you need it done by the Consul here not some local lawyer. They are located in Jomtien close to immigration. You will cry when you see the fees, these are set from the UK so no point in taking it out on the Consul. There is a sticky on the Pattaya forum about it being closed for holidays.

Thai International Law through their Lawyer have notarised many documents for friends and myself, in connection with UK state pensions, birth certificates, probate and bereavement benefits.

ALL have been accepted by the authorities.

Notarisation fees circa 500bt

This law company has a Lawyer licensed to notarise documents.

My daughter works there as a translator. Ask for Nadia.

Thai Int. Law

20/26-27 Moo10

Soi Day & Night Hotel

South Pattaya Rd.

Nongprue, Banglamung Chonburi 20150

038-425269

Hope this helps

Never previously heard Big C referred to as Big Crap. However my daughter calls it Big Khee. Same difference really!