Liverpool Lou
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Everything posted by Liverpool Lou
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Its not valid in Thailand, It is, under certain circumstances. "Under what circumstances a foreigner is not required to make a separate last will and testament in Thailand? Foreigners are not required to make a separate last will in Thailand if they are residents in Thailand, own real estate, or are married to someone in Thailand who is a national". https://www.thaiembassy.com/property/foreigner-making-a-will-in-thailand
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Your bank gave you incorrect information regarding transactions on your sole account after your death and you should ask them to put that in writing (they won't). No one can legally take funds from the account of a deceased person without a court appointing an administrator ('probate') and banks cannot carry out that process nor can they decide who is entitled to the estate's funds. Some may do it in their ignorance of the law, or arrogance, but they are leaving themselves open to legal action if the wrong people get the funds.
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I don't mean to be facetious but why is this illegal? The bank seems to have a whole process in place for this and it didn't seem like they were doing anythng special or unusual for us to have access to the other's account. We also have a joint savings account with SCB that has both of our names on the account's bank book, my Thai partner's in Thai and mine in English. With that account we actually have 3 bank books, the one I just mentioned and one each with only our individual names. Although I said 'spouse' in my first post we are a gay couple and only legally married in the US, if that makes any difference. He was referencing sole accounts being accessed by third parties, which is illegal without 'probate'/administration, not joint accounts that the surviving account holder does have access to.
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Yes, as far as wills are concerned (Thailand does not recognize trusts set up by individuals), but only after 'probate'/administration has been granted by a court, same as in your own country. Legally, you cannot just walk into a bank with the will of a deceased account holder and plunder that account.
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After the death of either of you it does not matter whether the bank has your signatures. Transacting from the account of a deceased account holder is illegal until administration/'probate' has been processed. It is called fraud regardless of the relationships or whether the bank permits transactions that it is not authorised to permit.
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If you're in Thailand, start at the amphur that issued the original divorce certificate...which, more than likely, will be the amphur that issued the original marriage certificate. If you're in NZ, start your enquiries at an embassy/consulate.
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I got news for you. Presidents aren't the same as Prime Ministers. The US doesn't have a parliamentary form of government. So Presidents don't really have the occasion to engage in debates in the course of their duties. I've got news for you, debates/interviews/ discussions (whatever you want to call them) aren't the sole preserve of the UK.
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Another 800 000 baht question.
Liverpool Lou replied to jvs's topic in Thai Visas, Residency, and Work Permits
She can ask the bank to remove the husband's name from what was a joint account and yes, if the account was in joint names, she should be allowed access to her account. -
Another 800 000 baht question.
Liverpool Lou replied to jvs's topic in Thai Visas, Residency, and Work Permits
Or just have his name removed from the joint account. -
A lot of the tomatoes you get in Greece are imported. ...from Thailand!
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They do? On what do you base that bizarre assertion?
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Some confusion as to what ‘it’ is here? I am responding very specifically to the OP’s post, which is actually about a form that can be filled/ letter signed granting a spouse access to his account - I assume prior to death as well and without a joint account. If any such form/letter can help (doubt it but no expert) it’s outside the post-death legal process you refer to. Yes, you are right there is some confusion here. After an account holder's death it does not matter what forms or letters were signed pre-death between spouses. No one can give authority for banks to disburse funds from a deceased account holder's account before or after the account holder's death, except a court granting administration/'probate'. Banks cannot give themselves that authority, either, regardless of what forms/letters are produced. Legally, on the death of an account holder, the bank has to freeze transactions on the account until it receives authority from the court granting administration/'probate' to pay out funds.
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"How long do i need to know her if we wanted to marry, or for her to live with me?" Five minutes would be more than enough, no one makes that type of rule. But marrying a married woman, as she is, is generally frowned upon by the legal fraternity. "Also once she is here could her debts be chased to UK? Or any other country?" Yes, if her creditors thought that it would be productive.
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...only if she cannot prove that she is not pregnant. My ex remarried very soon after our divorce.