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BlackJack

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Posts posted by BlackJack

  1. each to his own

    however when youre healthy things are always good

    unfortunately life does not always make things even for us

     

    I have many people that dont care about what happens to them and that they dont have any money to live on. They live or exist on small money hoping like a backpacker to stay longer in Thailand

     

    Many funerals I have done where there is no one to mourn, no friends, no relatives, not partners and its a sad event

     

    leaving others to pay and pick up the pieces is not good - but each to his own

     

    All i wish for is people plan and not be like the 3 little pigs and party until the big storm comes = then they have nothing

     

     

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  2. we always advise to have a Will in each country as each country jurisdiction has tax laws, and so you dont want to mess with one country tax regime controlling your assets in another country. Also if you had asset in say UK and Thailand then would you expect your Thai Executor (manager of your Will) fly to the UK to sort things out? Also should you die in Thailand all the docs are in Thai language and need to be MOFA translated and signed for use in another country - thai888 Law

  3. a foundation is being set up that can look after your kids future needs.  This vehicle may also assist in future age care for you and you family. Tax maybe minimized and assets out of the reach of international probate and jurisdiction issues

  4. 23 hours ago, JGV said:

    I recently went to Banglamung Amphur as I wrongly believed that they could assist in depositing my will and confirming what documents would be needed for my Thai partner to access my funds after my demise- The will has a Thai translation done by an officer in Thai Navy and the person at desk just said the office doesn't deal with farang wills only Thai and wasn't interested in a continued discussion

    I have heard about joint bank accounts and a ATM card as an alternative but I guess the partner would be acting illegally if withdrawing just after death - withdrawing just before death - in need of advice that will work - I am not currently sick and hope to live for a long time but my girlfriends position with regard to receiving my money which is my intention apears to be not straightforward here in Thailand  - Advice Black Jack please

    better PM me as there are ways to safeguard everything.  The Executor is the power player. The Beneficiarys can if named in the Will use the money for certain things like pay the hospital to release the body etc. Mostly it all goes to court as no one knows the future and what assets you will hold. Everything changes over the course of life. even wife's and GFs change. There are ways to write a Will that has fail safes written in as not only the tests dies but Beneficiarys  and Executors. for convenience to the court Wills will eventually need to be translated.  Storing a Will yes this can be done. Undoing overseas assets can be done but be careful as every country is a jurisdiction with its own laws, so include this as well. 

  5. 6 hours ago, jacko45k said:

    I have not used them myself but this name comes up a lot discussing wills etc for foreigners in Thailad

    Thai888 Law

    they won the top award for best Will writing and probate law in 2021, 2022, 2023. Also the top award in 2021, 2022 for the most innovative company in Sth East Asia.  They must be doing something right.

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  6. there are 66 laws the making of a will, the executors role, probate, beneficiaries, penalties. Add to that company law, condominium and banking law, jurisdiction law, anti money laundering and inheritance, tax, banking, international law, Ministry of Foreign Affairs, police, Embassies.  So get it done right the first time to minimize issues in the future. if you have assets the it's a small price to pay in getting a proper Will done. Sorry for being so blunt however advice is good but bad advice is very problematic 

  7. 1 minute ago, Delight said:

     The  only thing that matters right now -is to find  an administrator for your Thai assets.

    If you fail to achieve this -then your 800000 Baht will stay with the bank.

     

    Also -the administrator cannot organize probate without an official death certificate. 

    It is my understanding that this will only be issued to a family member.

     

    Pattaya -for example -has no resources to store bodies.

    In your case the body and your passport will go to Bangkok.

    Your passport will end up at the American Embassy. a case will be opened

    So ensure that the contact details of the administrator appears in your passport.

    if you chose to use a lawyer to create a will -then that person could give you more useful advise.

    You do not need a lawyer to create a Will

     

    Certain wording has to appear on the will

    i.e

     

    1) This is your last Will and testament

    2) Name of beneficiary 

    3) Name and contact details of the administrator

    4) You must have 2 persons to witness your signature. Supporting documents  will be useful i.e. Beneficiary -witnesses etc.

     

    You can have multiple originals. They have to be identical

    sorry

    the Will is a very important contract and if not done correctly will serve as a rod for your back - i have done this work for 15 years in Thailand and do public talks on it. The Will can be confined to Thailand and with most expats having some pension of bank accounts/assets causes all kinds of jurisdictional issue. I have just started a foundation to serve a particular group of expats that have no family and want to give to charity. I cant name it it and so PM me. 

  8. The Amphur does not guarantee the content of any Will translated of not. The court, Land Office, Banks scrutinize the Will for any anomaly that could get them sued later.

     

    Without knowing the woman or the situation where the bank gave the money to the beneficiary it is impossible to say. Small amounts , maybe the bank said ok and this amount is normally 100K and less

     

    I dont care if people make a Will or not as I have plenty of work and more coming.

     

    It is not until the Will is actioned that the problems arise. What I try to do is educate people through talks and our blogs that as a foreigner in Thailand listening to the advice of the partner is not always in your best interest as the education system and level of comprehension of Thais is not high. This is not being disrespectful but I see it every day. There is a right and wrong way to secure your partners future and their kids future so do it right.

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  9. 8 hours ago, hotandsticky said:

    That is good news ????.

     

    It wouldn’t be your problem anyway………if your missus was happy with what she heard/read then she would have to deal with any issues after your demise ????

    its not until you get to court for probate that you realise the translation is wrong - 

     

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  10. Well we did win the top award in 2021 and 2022 for the most innovative company and the best Will writers and Probate Law in Thailand and so yes I guess we can claim professionalism in this area. The amphur where you had the Will rubber stamped is not a legal body that is able to check the translation as being correct. The amount of times I have been to court and produced a certified translator to dispute the Thai and English parts of the Will is many. The Will only works when you die, and then it has to go to court to get a grant or to allow the NOK to settle the properties and the money in the bank. As you say you have assets in the UK and so the Death Certificate has to go to the MOFA in Bangkok to be officially translated and signed off by the minister before it can be used in the UK. The you have to deal with the IHT for probate and I doubt your wife could do that. No insult here, but I even have trouble with their weekly IHT changes. 

    You may believe you have done everything right however its not until the Will is actioned that you see where the errors are and if it can be used overseas. IE I had a Will translated at the Embassy of the UAE and then sent it to lawyers in Dubai. One word was changed. Administrator to liquidator and the courts rejected it. The process had to start again and even now we have been looking at 2 years and still no settlement. So please if you have millions of bahts in property cash and gold then get professional advice on it as its cheaper than losing the lot because you trusted someone

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  11. As someone that deals professionally with Wills and Probate each day, I would say your comment shows that you don't know much about Wills, or International Probate, it is very complex once your throw in jurisdictional law, international or international taxes ruled by FBAR - 

     

  12. Arm chair lawyers are amazing -there are ways to deal with HMCTS and IHT as there is no jurisdiction in Thailand - they have a very vague reference to assets "anywhere" and the USA has its FATCA laws - and Thailand has a very high level on assets that normally don't apply to most people. 

     

    Fail to plan plan to fail

  13. On 3/23/2021 at 9:03 PM, ivor bigun said:

    luckily my wifes best mate is a lawyer and she owns the company ,so no charges for anything including  my will ,mind you i dont own anything much ,its all in the wife and sons names .

    you do realise that the Embassy, police, hospital, morgue, temple, translators, etc are involved to get you cremated and then the Executor has to run around and apply to court to get a grant of probate even though you dont own anything 

     

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  14. 15 hours ago, ivor bigun said:

    luckily my wifes best mate is a lawyer and she owns the company ,so no charges for anything including  my will ,mind you i dont own anything much ,its all in the wife and sons names .

    and what happens if they get wiped out or you out live them? where does that leave you - 

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