Inheritance in Thailand

[Brunolem]

What will happen to the possessions (real estate, car, bank accounts...) of a foreigner who passes away in Thailand, living no local family (Thai wife and/or children) behind him?

 

One can imagine that the embassy of his country of origin will inform whomever it can contact.

In this case, the question is: which laws will apply?

 

Imagine that the foreigner has a brother who, according to the laws of his country, is the one who inherits...will this be easily accepted by the Thai authorities?

And what about taxation?

Will the brother have to pay taxes according to the Thai law, or his country's, or both?

 

Finally, what will happen if the embassy can't find any relative of the deceased?

[Justfine]

Thai law applies to anything in Thailand.

 

How long do you have?

[Justfine]

Google Deceased Estate laws Thailand and read up.

[Genericnic]

1 hour ago, Justfine said:

Google Deceased Estate laws Thailand and read up.

Thanks for the reference. Very helpful.

 

David

 

Edited February 8, 2018 by Genericnic

[2008bangkok]

It is very easy, a will is quickly made up signed by the deceased and benefactor collects everything.

Sent from my [device_name] using http://Thailand Forum - Thaivisa mobile app

[jackdd]

1 minute ago, 2008bangkok said:

It is very easy, a will is quickly made up signed by the deceased and benefactor collects everything.

... and if you don't know who you should give it to i can pm you my details

[Brunolem]

Now that the storm of troll answers has passed, maybe someone will bother to actually read my initial post and provide some useful answers...thanks in advance...

[Justfine]

7 minutes ago, Brunolem said:

Now that the storm of troll answers has passed, maybe someone will bother to actually read my initial post and provide some useful answers...thanks in advance...

How much are you paying?

[manchestermike]

On the same topic can anybody give a guide on approx cost of a will in Thailand.

 

Does it have to be certified by a laywer ?

 

Also if not married / related to the main benefactor, ie. a girlfriend will they need to pay transfer tax etc for any property,

[Brunolem]

8 minutes ago, manchestermike said:

On the same topic can anybody give a guide on approx cost of a will in Thailand.

 

Does it have to be certified by a laywer ?

 

Also if not married / related to the main benefactor, ie. a girlfriend will they need to pay transfer tax etc for any property,

Let's hope that this thread will escape from the trolls' clutches so that we can get some useful answers...

[Justfine]

4 minutes ago, Brunolem said:

Let's hope that this thread will escape from the trolls' clutches so that we can get some useful answers...

Why don't you google it?

 

 

[wwest5829]

Currently in this position so ... I have a Thai Will  making a service company (they handle my retirement extensions, filing 90 day reports, misc. other advise) my agent to liquidate assets, contact my Sons/Embassy and forward remaining funds (keeping not too much in Thailand). Retirement assets covered seperately by Will in my home country.

 

If my significant other and I remain together after 2 years, the Thai Will will be re-written, naming her as beneficiary of any assets in Thailand (car, motorbike, bank balance). Works for me.

[natway09]

They will liquidate your assets & use to finance another submarine 555.

Googe has some highly reputed lawyers who can answer all your questions.

Make an appointment & go & find out

[Suradit69]

2 hours ago, Brunolem said:

Now that the storm of troll answers has passed, maybe someone will bother to actually read my initial post and provide some useful answers...thanks in advance...

As someone already said, Thai laws apply. You should have a will made in your home country for any assets you have there and a Thai will for any assets here.

 

Quote

On an intestacy, if there is no surviving spouse or statutory heirs, the whole estate passes to the government of Thailand.

https://www.angloinfo.com/how-to/thailand/money/wills-inheritance/inheritance-law

 

Statutory heirs with no spouse (and no will) include:

 

If a person dies without having made a valid will, or if the will only disposes of part of their estate, then the property is distributed in the following ways:

 

There are six classes of statutory heirs. These are mutually exclusive, and entitlement applies in descending order:

 

• Children
• Parents
• Brothers and sisters
• Half-brothers and sisters
• Grandparents
• Uncles and aunts

 

 

 

 

However:

Quote

Legal foreign wills are acceptable in Thai Courts subject to being translated and authorized at the Ministry of Foreign Affairs, but the legal procedure to enforce it can take a long time. The execution of a foreign will in Thailand is always subject to a court procedure.

 

 

 

 

Edited February 8, 2018 by Suradit69

[Suradit69]

1 hour ago, manchestermike said:

On the same topic can anybody give a guide on approx cost of a will in Thailand.

 

Does it have to be certified by a laywer ?

 

Also if not married / related to the main benefactor, ie. a girlfriend will they need to pay transfer tax etc for any property,

I had a Thai will drawn up a few years ago by a lawyer in Pattaya. Fairly straight forward. Thai copy on file and a copy to my heir. English translation kept by me.

 

As I recall the cost was Baht 10,000.

 

Obviously if your situation is more complex ... own a business, for example ... it would be more. Certainly you could look around and find someone cheaper or more expensive, so that's just a ballpark figure.

[Suradit69]

Incidentally, there have been a few units in our condo building that have remained unused for years. Most likely the owners died outside Thailand. Lawyers have said there is not much that can be done with them, or at least it would be a long, drawn out, expensive process. 

 

Not sure if anything has happened regarding them recently, but I assume they are still sitting untouched, with the water and electricity disconnected.

[Brunolem]

56 minutes ago, Suradit69 said:

As someone already said, Thai laws apply. You should have a will made in your home country for any assets you have there and a Thai will for any assets here.

 

https://www.angloinfo.com/how-to/thailand/money/wills-inheritance/inheritance-law

 

Statutory heirs with no spouse (and no will) include:

 

If a person dies without having made a valid will, or if the will only disposes of part of their estate, then the property is distributed in the following ways:

 

There are six classes of statutory heirs. These are mutually exclusive, and entitlement applies in descending order:

 

• Children
• Parents
• Brothers and sisters
• Half-brothers and sisters
• Grandparents
• Uncles and aunts

 

 

 

 

However:

 

 

 

 

Thanks for all this information.

[Brunolem]

1 hour ago, natway09 said:

 

Googe has some highly reputed lawyers who can answer all your questions.

Make an appointment & go & find out

In my area, 500 km from Bangkok and 50 km from the closest city, I doubt it...

[Brunolem]

1 hour ago, Suradit69 said:

You should have a will made in your home country for any assets you have there and a Thai will for any assets here.

I am not asking those questions for myself, since I have a Thai son...

 

Yet I know quite a number of foreigners living alone, notably in Pattaya, with significant assets (mostly real estate) who have prepared nothing because, you know, only other people die...

 

Thus I have been wondering from time to time what will eventually happen.

 

With or without will, someone will have to actually activate the process, and it's not gonna be a neighbor!

 

So, is it the embassy or consulate of the deceased that will deal with all this trouble?

 

Another question is: is it possible to transfer, via a will, one's assets to a foreigner friend without family ties (that would not be me, for those wondering)?

 

[jackdd]

3 minutes ago, Brunolem said:

So, is it the embassy or consulate of the deceased that will deal with all this trouble?

I don't think they will "deal with all this trouble", but they will simply search for the closest family member and tell them that the person died in Thailand. Then it's up to the person to do anything.

[ross163103]

2 hours ago, Brunolem said:

Let's hope that this thread will escape from the trolls' clutches so that we can get some useful answers...

I feel your pain; I've had a few of my legitimate questions get sidetracked. I'm almost though asking things on this forum, too many people with too much time on their hands to just sit on the computer all day and post what they think are witty responses.

[watcharacters]

7 minutes ago, jackdd said:

I don't think they will "deal with all this trouble", but they will simply search for the closest family member and tell them that the person died in Thailand. Then it's up to the person to do anything.

 

 

 

I  would hope my embassy or consulate wouldn't waste my tax dollars on an expat who chooses to not deal with his affairs.

 

And for clarification for the OP, no one lands in Thailand 500 KM from BKK and 50 KM from any city.

 

 

edit:

 

"In my area, 500 km from Bangkok and 50 km from the closest city, I doubt it..."   @ Brunolem

Edited February 8, 2018 by watcharacters

[atyclb]

1 hour ago, Suradit69 said:

As someone already said, Thai laws apply. You should have a will made in your home country for any assets you have there and a Thai will for any assets here.

 

https://www.angloinfo.com/how-to/thailand/money/wills-inheritance/inheritance-law

 

Statutory heirs with no spouse (and no will) include:

 

If a person dies without having made a valid will, or if the will only disposes of part of their estate, then the property is distributed in the following ways:

 

There are six classes of statutory heirs. These are mutually exclusive, and entitlement applies in descending order:

 

• Children
• Parents
• Brothers and sisters
• Half-brothers and sisters
• Grandparents
• Uncles and aunts

 

 

 

 

However:

 

 

 

 

 

 

what about if the foreign man that died lived with a thai woman for several years but not officially married?  is that considered a common law wife as far as thai assets?

[Brunolem]

27 minutes ago, watcharacters said:

 

And for clarification for the OP, no one lands in Thailand 500 KM from BKK and 50 KM from any city.

 

First, many people live 500 km from Bangkok.

 

Then, I was referring to a city with lawyers, which was the issue here...and yes I would have to drive 50 km to get to such a city (Sisaket).

 

Yet, once there I doubt that I would find a lawyer able to deal with the specifics of a foreigner's will.

 

Edited February 8, 2018 by Brunolem

[scoutman360]

If there is no Will, Suradit69 gave you the order of priority for who can receive the inheritance.

You don't need a lawyer to make a will.

You don't need to register it with the Amphor.

You DO need to have it written in Thai language (English can be included), have it signed by 2 Witnesses. Have an Executor assigned in the Will. There are many threads on this and talk about how the Executor must go about it.

Strangely enough, the last time I had my Will done in Thailand, they said the Witnesses must be Thai.  OK, whatever.

Banks will do something strange if there is no activity on an account. Eventually the money is frozen. Don't know about real estate, but I am sure that most building contracts state that if the owner doesn't pay his/her maintenance fees, the Jurasic Management can take the condo and sell it.

 

 

 

[Suradit69]

50 minutes ago, atyclb said:

 

 

what about if the foreign man that died lived with a thai woman for several years but not officially married?  is that considered a common law wife as far as thai assets?

About 95% sure that common law spouses are not recognized in Thailand for any legal matter. Of course she could still be an heir if she was named in a will.

[Suradit69]

1 hour ago, Brunolem said:

So, is it the embassy or consulate of the deceased that will deal with all this trouble?

 

Another question is: is it possible to transfer, via a will, one's assets to a foreigner friend without family ties (that would not be me, for those wondering)?

Normally the relevant embassy would be notified of the death. Embassies should allow/encourage their citizens in Thailand to register next of kin or friend to notify in case of emergency. They would try that, but then notify the police if they failed to find anyone willing to deal with it all since, I believe, the disposition of the body would be delayed pending that check.

 

Yes, of course you can name an heir ( a person, charity, whoever) who is unrelated to you.

 

The list of statutory heirs I included in my earlier post only comes into play if a will does not exist. With no will, the spouse, children, et al, if they exist, would become heirs in the order listed.  If there is no will and none of the statutory heirs exist, then property is handed over to Thai government, but the statutory heirs can be passed over if a will exists and names someone else ... anyone else.

 

In my Thai will the named 100% heir is not related to me by blood or marriage.

 

 

Edited February 8, 2018 by Suradit69

[livram]

3 hours ago, Suradit69 said:

As someone already said, Thai laws apply. You should have a will made in your home country for any assets you have there and a Thai will for any assets here.

 

https://www.angloinfo.com/how-to/thailand/money/wills-inheritance/inheritance-law

 

Statutory heirs with no spouse (and no will) include:

 

If a person dies without having made a valid will, or if the will only disposes of part of their estate, then the property is distributed in the following ways:

 

There are six classes of statutory heirs. These are mutually exclusive, and entitlement applies in descending order:

 

• Children
• Parents
• Brothers and sisters
• Half-brothers and sisters
• Grandparents
• Uncles and aunts

 

 

 

 

However:

 

3 hours ago, Suradit69 said:

Half of the time I see the first statutory heirs list as "CHILDREN" the other half states the first statutory heirs as "DESCENDANTS" which would includ grandchildren and great grandchildren.

So it it children or descendants? 

3 hours ago, Suradit69 said:

 

 

 

 

[scorecard]

2 hours ago, jackdd said:

I don't think they will "deal with all this trouble", but they will simply search for the closest family member and tell them that the person died in Thailand. Then it's up to the person to do anything.

 

Different embassies have different policies about such subjects, some embassies are very helpful, some are way less than helpful. I guess this connects to whether there is any structure in place in the home country to deal with this subject.  

 

As already mentioned, folks residing in Thailand can (usually on-line), register at most embassies who exactly should be advised, their contact details etc.

 

For Australia passport holders there is no charge to register the name(s) of the people you wish to be informed. 

 

Plus I'm aware that Australians can officially register that you do not wish for anybody in your home country (including family if existing) to be advised about your death.  

 

 

Edited February 8, 2018 by scorecard

[Jack Mountain]

I make a scheduled transfer for a week later so when I die the money transfer will go through (I hope). If I am alive I repeat this a week later with the scheduled transfer also a week later of course.