Foreigners Who Die Without a Thai Will Could Have Assets Passed onto the Government

 

 

There are thousands of Expats who are working or are retired in Thailand, but it is surprising who many may have a will in their home country, but they most never get around to making a Thai will here.

 

Naturally if there are relatives back home, you do not want them to have the added complications at the same time as grieving, if you have recently passed away leaving no instructions.

 

Without a Thai will everything from bank accounts to assets are frozen and it can take months to sort out. Cars, property, watches, paintings even your golf clubs would be frozen!

 

Varaporn Soederlund is a respected Thai lawyer working in Pattaya, and has a Swedish husband, so she understands what problems may arise in the land of the smiles.

 

“Over the years I have had to handle the affairs of several foreigners, many who had not completed a Thai will or taken on an executor,” said Varaporn

 

Sometimes it can take several months for the hospitals to release the body for the eventual funeral, and the costs of keeping the remains in the morgue can soon mount up too.

 

As a qualified Thai lawyer not only can Varaporn advise and complete a Thai will for expats but she can also act as their executor as well.

 

“When someone dies, their assets and bank accounts are frozen, so only an executor can quickly go to the courts to gain access to any bank accounts that can then be able to pay for the deceased funeral requirements, “said Varaporn.

 

If you need more advice and to obtain a quotation to prepare a will check out https://www.varapornlaw.com/

 

Perhaps the last thing you want is for your family members to struggle to sort out your arrangements when you have left no instructions or do not have a qualified executor on the ground to take care of the loose ends quickly.

 

For more information, visit Varaporn Law Office and Accounting

 

 

Good advice but I'll bet the tirak has the accounts empty before I hit the slab.

 

Her dying first would actually be a bigger problem because I would need access to her accounts and would get a new landlord.  At least as important is the living will part about end of life decisions and finances before death.

 

We will do it together.

11 minutes ago, cjinchiangrai said:

Good advice but I'll bet the tirak has the accounts empty before I hit the slab.

I hope so...hope the same for mine also. This can not be applicable for married couples surely ? The only bank account I have in my own name is the one I use for Immigration, because they insist on it that way.

1 hour ago, sanuk711 said:

I hope so...hope the same for mine also. This can not be applicable for married couples surely ? The only bank account I have in my own name is the one I use for Immigration, because they insist on it that way.

You would think that marriage would trump all of it but it is not hard to make a will,

2 minutes ago, cjinchiangrai said:

You would think that marriage would trump all of it but it is not hard to make a will,

No its not cjinchangrai...although some places in Thailand do charge a silly amount. I think someone who has done a Thai will should post it on here as a template. (with their names etc blanked out of course.) most of my meager assets  are in Oz, where buying a will and getting it witnessed free from a JP is an easy task.

My wifes mate is a lawyer and she has just done me a thai will instead of my Brit one,sorry cant give a cost as she did it for us free, one good thing is the wife has all my pin nos everything is in her name and our accounts in UK are in joint names ,my god how have i lived so long without her kicking me out or having me killed by her (Thai husband / boyfriend)  well reading on here you would think they all are like that

,mind you its funny none of my friends wives have done that either

11 hours ago, bert bloggs said:

my god how have i lived so long without her kicking me out or having me killed by her (Thai husband / boyfriend)  well reading on here you would think they all are like that

,mind you its funny none of my friends wives have done that either

There are no shortages of people who could counter your positive outlook. Personally I wonder why you would be such a submissive partner in this relationship. If everything is in her name you are not even a partner. In the West, most relationships share property rather than having it in one partner's name...

Yes you have made things simpler for when you pass...  what if she goes first? I hope it remains good.

4 hours ago, jacko45k said:

There are no shortages of people who could counter your positive outlook. Personally I wonder why you would be such a submissive partner in this relationship. If everything is in her name you are not even a partner. In the West, most relationships share property rather than having it in one partner's name...

Yes you have made things simpler for when you pass...  what if she goes first? I hope it remains good.

Her will leaves everything to me,we are partners ,and have been for over 22 yrs.

She has a will same as i have one, 

4 hours ago, bert bloggs said:

Her will leaves everything to me,we are partners ,and have been for over 22 yrs.

She has a will same as i have one, 

Well good luck.....

Any Thai will should just say. 

 

"please refer to my English will" Thank you

2 minutes ago, ourmanflint said:

Any Thai will should just say. 

 

"please refer to my English will" Thank you

 

2 minutes ago, ourmanflint said:

Any Thai will should just say. 

 

"please refer to my English will" Thank you

I have one oh those as well

.

I think it's the same in the UK if someone dies 'intestate', and has no relatives etc.

On 10/9/2020 at 9:22 AM, bert bloggs said:

 

I have one oh those as well

Any Thai court will say, has no validity in Thai jurisdiction.

(They should, but they might not).

More nonsense from someone........a sales pitch for the Swede's lawyer wife!

The Thai laws re intestacy are perfectly clear. A Thai Will  ensures who will get the assets in Thailand (most usually the wife), but without a Will, assets will be distributed once the equivalent of Thai probate has been obtained.

 

Always wondering, specially here in Thailand, who is checking the lawyers?

Are these lawyers checked now and then?

 

Is there a central Will registration here in Thailand?

On 10/7/2020 at 7:07 PM, cjinchiangrai said:

You would think that marriage would trump all of it but it is not hard to make a will,

In general terms probably valid, but everybody has their own circumstances. Perhaps still married but in a very unhappy marriage, better for the farang to make a will to ensure the proceeds are distributed as per fangs wishes.  

 

My Thai son has a will, prepared by a trusted knowledgeable lawyer, everything left equally to his kids and this is all agreed by his wife. Kids get everything but responsible to ensure their mother has a roof over her head and is well supported in kind and emotionally until her passing.

 

Why, son doesn't trust his wife's older brother and sister (for good specific reasons), and she's frightened of them, frightened if she gets everything/anything they will seriously pressure her to give half or whatever to them. They have already, several times and in front of my son said that when my son dies they will sell the family house and land and they will keep the proceeds.

 

So sons' wife not a recipient at all.  She likes this set-up. All checked carefully, totally legal. 

 

Sons' will also states (and his wife agreed), before/after his death nobody (except his wife and kids) is to ever have a copy of his will, and no reading of the will. All aimed at keeping the in-laws well away from the situation.

 

Plenty of dysfunctional/grabbing families in every country.

 

 

 

 

A friend had a Will, and to avoid the money grabbing family accessing most of his money, he made provision for the money to be drip-fed to the widow over a 4 year period. Did not work. The family, realising they woud get nothing, took control from the widow, and employed a lawyer, stating there was no Will. The widow had all the money within 2 months, but a month later it was all gone, as was her house!

Yet another TV advert yes an important one at that but look at the headline very misleading why not just say “ get yourself a Thai will.

 “

1 hour ago, crazykopite said:

Yet another TV advert yes an important one at that but look at the headline very misleading why not just say “ get yourself a Thai will.

 “

Thx, didn't realise that ...

2 hours ago, prakhonchai nick said:

A friend had a Will, and to avoid the money grabbing family accessing most of his money, he made provision for the money to be drip-fed to the widow over a 4 year period. Did not work. The family, realising they woud get nothing, took control from the widow, and employed a lawyer, stating there was no Will. The widow had all the money within 2 months, but a month later it was all gone, as was her house!

Thx for mentioning the drip-fed method. Is it something you can put into the Will? 

Confused here, so for clarity, are they saying that a will made out in the UK is not valid? If so what is the significant difference of a 'Thai' will. My main concern is whether to have my estate completed by UK lawyers whom I believe would be more trustworthy ( think large organisation) but my Thai wife would not be comfortable communicating with. Or, Thai lawyers who would drag the proceedings out and pocket a large amount of any potential assets.

 

I did have a plan to get my savings down to 50 baht before I departed, but c-19 has restricted the use of my travel budget.

19 hours ago, prakhonchai nick said:

More nonsense from someone........a sales pitch for the Swede's lawyer wife!

The Thai laws re intestacy are perfectly clear. A Thai Will  ensures who will get the assets in Thailand (most usually the wife), but without a Will, assets will be distributed once the equivalent of Thai probate has been obtained.

 

Yes, And I seem to remember that Thai law specifies exactly how the estate is divided when there is no will. If I am correct and somebody knows how it is divided I would like to hear

42 minutes ago, nickcar said:

Yes, And I seem to remember that Thai law specifies exactly how the estate is divided when there is no will. If I am correct and somebody knows how it is divided I would like to hear

Yes, There is specific Thai law as to the split if the husband (Thai or farang) dies without making a will.

 

it's all in the Thai Commercial Code, English and Thai versions at the start of ThaiVisa forums.

3 hours ago, prakhonchai nick said:

The family, realising they woud get nothing, took control from the widow, and employed a lawyer, stating there was no Will. The widow had all the money within 2 months, but a month later it was all gone, as was her house!

It might be more accurate to say they took control of the widow then?......  Sadly I expect many do not have the will to resist family pressure and this happens a lot.

1 hour ago, Jack Mountain said:

Thx for mentioning the drip-fed method. Is it something you can put into the Will? 

Q for a lawyer, might work better if the money was coming from an overseas source or a trust. If it was simply in a Thai bank account, I expect that account would be transferred as part of probate.

If living alone, how does anyone know who has my will when I die?

Condos, homes, cars motorbikes, significant bank accounts.  I know several ex-pats with these assets and no will.  What an irresponsible way to leave a pile of S for family and loved ones.

Figure it out we are all going to die, so deal with it now.

6 minutes ago, pennine said:

If living alone, how does anyone know who has my will when I die?

A copy (or original) should be lodged with the lawyer who drew it up, you need to confide in someone.

8 minutes ago, pennine said:

If living alone, how does anyone know who has my will when I die?

You have no family or friends any where in the world you can provide a copy?