Thai mother living in Thailand wants to leave legacy to daughter living in UK

[Chris167]

My Thai wife and I lived in the UK for 14 years. We had a daughter who is now 24 who lives with me. My wife and I divorced 12 years ago and she returned to Thailand where she has remarried. She and our daughter have kept in touch with two way visits every so often. We now hear that the mum wants to make a will leaving money and property to her daughter. I have been asked for help by mother and daughter to facilitate this. I have a fair understanding of some of the problems, but has anyone managed this successfully and has advice? Many thanks. 

[Oxx]

In which country/countries are the money and property?

[cardinalblue]

This seems pretty straight forward....you can assist if properties are in UK - basically hiring a good trust/will lawyer and if the properties are in Thailand - same for your ex-wife....

 

citizenship in both countries is important for smoother leagality and tax purposes....

[Guderian]

IHT rules are different for people domiciled in the UK and those who are not. The tax-free limit for the latter is very small, so if your daughter is a UK non-dom then you should certainly look for professional advice. The rules in Thailand are more relaxed, especially in terms of the amount you can gift a person in a given tax year. So I'd say it all depends on your daughter's domicile and where the assets are located. If your ex-wife isn't in imminent danger of kicking the bucket and the assets are in Thailand it might be better to just gift them to her over a couple of years.

[Chris167]

Thanks for comments. Just to clarify. My daughter and I are living in UK. She was born here and has UK passport. Mother and her properties are in Thailand. Seems she has married a wealthy guy and she wants to leave her possessions to her daughter. I rather suspect he bought them but in her name. I can see difficulties in our daughter, without Thai nationality)  becoming an owner of property in Thailand. I also foresee the odd argument looming with other members of her family which maybe unsafe (from personal experience!) to follow through.

[Oxx]

(1) Get Thai nationality for the daughter.  Otherwise she'll have to sell any property she inherits within 12 months.  (It's not difficult with the mother's cooperation.)

 

(2) Get the mother to make a will in Thailand stating how she wishes her estate to be distributed.

 

No need, from what you've written, to involve UK lawyers.

[IssanMichael]

Here is a copy of a standard Thai will, she would need to get it witnessed by the local head man/village chief or someone of importance.

T13_Last_Will_and_Agreement.pdf

[khunPer]

If your daughter holds Thai nationality, and the mother's assets are all in Thailand, a Last Will in Thailand will do.

 

A Thai lawyer can make that, otherwise look in one of the threads here in Thaivisa Forum about making a Last Will in Thailand. It can be pretty straight forward and done with two witnesses at the district office (amphor), if your wife don't wish to use a lawyer.

[scorecard]

For many reasons your daughter should get Thai citizenship.

[baansgr]

4 hours ago, Chris167 said:

Thanks for comments. Just to clarify. My daughter and I are living in UK. She was born here and has UK passport. Mother and her properties are in Thailand. Seems she has married a wealthy guy and she wants to leave her possessions to her daughter. I rather suspect he bought them but in her name. I can see difficulties in our daughter, without Thai nationality)  becoming an owner of property in Thailand. I also foresee the odd argument looming with other members of her family which maybe unsafe (from personal experience!) to follow through.

Poor guy, wonder if he has any idea whats going on.

[steve187]

why has the daughter not had the Thai identity all along, does she speak Thai

[Chris167]

 

Yes, baansgr, very aware of what could be going on, with many years trying to understand thai ways. Just wanted to keep to facts and avoid getting into all the back story. My brother lived in Thailand for 20 years and I visited twice a year. So I'm newbie on the forum but not such a "poor guy" as baansgr guessed.

 

Constructive stuff from everyone else. Looks like a Thai will (thanks) and Thai nationality will be the answer, though dual may not be possible. I'd be very worried about my daughter coming back into Thailand and the family conflict. I fought through the courts to keep her safe in UK. Plenty of food for thought.

But in summary:

Property and some cash in Mum's name - not in village - in major city. She lives in Thailand.

Daughter 24, born in UK to Thai/English parents - UK passport. Hasn't spoken Thai since age 4.

Mum wants to pass her house and savings to daughter. She holds Thai and UK passport.

Answer?:

Thai will. Passed to local solicitor?

Thai passport for daughter - can she have dual UK/Thai?

On Mum's death Thai solicitor sells house and assets transferred to UK.

Chances of fair deal? Very risky.

But there.... 

[Chris167]

Should have realised - we can get Thai passport for daughter.

[blackcab]

1 hour ago, Chris167 said:

Thai passport for daughter - can she have dual UK/Thai?

 

Yes.

[steve187]

7 hours ago, Chris167 said:

Should have realised - we can get Thai passport for daughter.

she will have to obtain a Thai id card as well as being on a house book to inherit land.

[Oxx]

15 hours ago, IssanMichael said:

Here is a copy of a standard Thai will, she would need to get it witnessed by the local head man/village chief or someone of importance.

 

This is largely wrong.  There are three legally valid forms of will in Thailand:

 

(1) One written and dated in one's own handwriting (no witnesses required)

 

(2) One witnessed by two individuals (no need to be of importance, but must be adult and "normal", e.g. not blind or mad)

 

(3) One made at the local amphur.