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

[scorecard]

55 minutes ago, DaLa said:

Mainly through property and business transactions in the UK, 3 of my solicitors were taken off the solicitors register for malpractice. In all 3 cases it was financial with one of them actually visiting the Queen for a period of time.

 

You can name anyone (adult and of sound mind obviously) to be executor in the UK. So it would be useful to know if that is the case here. There's nothing wrong with naming  the main beneficiary  as executor; they can then take advice accordingly and instruct other (professionals) to undertake certain aspects.  My plan ( which I really should complete NOW) is to use a firm of solicitors in Thailand, not an individual who just may be tempted to disappear. Even with a large firm I am not sure if they are regulated and offer a compensation scheme as they do in the UK.

There are many very honest, genuine & qualified farang lawyers practicing law in Thailand but don't assume that every farang lawyer working in Thailand with/without a work permit is honest and trustworthy. 

 

Five years back a buddy from UK went to a farang lawyer in Pattaya. Lawyers' first comment was 'to help you please complete this application for a loan then transfer all your assets to me, including your shares in any company registered in Thailand so we both have security, then I can help you with a will and more.

 

Never happened.

 

Discovered later, the lawyer was disbarred years before in the UK and had done time in jail in the UK for fraud.

[Destiny1990]

On 10/9/2020 at 12:44 AM, 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

Edited October 13, 2020 by Destiny1990

[TigerandDog]

1 hour ago, TallGuyJohninBKK said:

 

That can be easier said that done. Some amphur offices and khet offices in BKK aren't particularly friendly toward allowing farangs to register Thai wills with them.

 

In our case in BKK, our local khet office originally said we could. But by the time we got around to attempting to do it later, the wills staff had changed and now were saying that they would not register my will unless I was listed on a tabien ban for our home, which I am not because it's a rental.  Thus, they wouldn't register my will.

 

get a yellow book, then you meet that requirement

[TigerandDog]

59 minutes ago, TallGuyJohninBKK said:

 

Thai lawyers in general don't exactly have the best reputation for honesty and knowledge in the world... But that aside...

 

That advice that TigerandDog gave is simply wrong. A farang can inherit things from a Thai citizen in their will. And AFAIK, the only area where there's actually any real prohibition is regarding real estate, where as Jacko correctly notes, it can be inherited, but then has to be disposed of with a certain period of time, which generally is one year, AFAIK.

 

Firstly it was not advice, it was a comment based on what actually happened to my partner when she tried to have me included in her will.

 

After taking notice of your comment and doing some research, which I was too lazy to do previously, such research has led me to the following:

 

1. A foreigner can inherit cash, cars etc.

2. If a foreigner inherits land or a condo they MUST dispose of it within 1 year.

 

Sorry if my partner's lawyers actions caused confusion. In fact we will now go to another lawyer and have her will updated accordingly as per her wishes.

 

 

[xtrnuno41]

On 10/7/2020 at 7:22 AM, ThaivisaSales said:

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.

They keep you in the fridge and have to pay?! That is a money maker !

Maybe start a freezing house in Thailand then. 

Also weird that Thai government are like vultures flying around to get your assets.

[TallGuyJohninBKK]

4 hours ago, TigerandDog said:

1. A foreigner can inherit cash, cars etc.

2. If a foreigner inherits land or a condo they MUST dispose of it within 1 year.

 

Yep, that's exactly what I had indicated above regarding land and then all other kinds of possessions... Glad you're able to get that straightened out.

 

Regarding condos, I'm not entirely sure. There are Thai quota condos and foreigner quota condos... So whether one can be inherited by a farang probably depends some on how the original purchase was structured.  Farangs, of course, can buy and own condos in Thailand outright in their own name.

 

 

[hotandsticky]

On 10/9/2020 at 3:21 PM, ourmanflint said:

Any Thai will should just say. 

 

"please refer to my English will" Thank you

Good luck with that one when your widow has to go to a Thai court with it.

 

 

She will likely tear it up and claim under Thailand’s rules of intestacy.

 

Even more amusing if the English Will is dated before the marriage, as that invalidates previous Wills.

[hotandsticky]

11 hours 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

Apologies f you have already received an answer, but this is a good place to start...

 

 

https://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html

[scorecard]

10 hours ago, xtrnuno41 said:

They keep you in the fridge and have to pay?! That is a money maker !

Maybe start a freezing house in Thailand then. 

Also weird that Thai government are like vultures flying around to get your assets.

"Also weird that Thai government are like vultures flying around to get your assets."

 

How's that? Please share some facts.

[scorecard]

9 hours ago, hotandsticky said:

Apologies f you have already received an answer, but this is a good place to start...

 

 

https://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html

And, somewhere on TV there's the official* Thai and official* English versions of the appropriate laws and regulations. (*Official; as published/authorized by the appropriate branch of the Government.)

 

I've searched for it, so far can't find it, maybe other members can share the weblink.

[scorecard]

16 hours ago, TigerandDog said:

get a yellow book, then you meet that requirement

17 hours ago, TallGuyJohninBKK said:

 

That can be easier said that done. Some amphur offices and khet offices in BKK aren't particularly friendly toward allowing farangs to register Thai wills with them.

 

In our case in BKK, our local khet office originally said we could. But by the time we got around to attempting to do it later, the wills staff had changed and now were saying that they would not register my will unless I was listed on a tabien ban for our home, which I am not because it's a rental.  Thus, they wouldn't register my will.

 

And don't assume that the 'Will staff' at the amphur office have any/substantial legal knowlegde and/or training. 

 

Just one example, my Thai nephew decided to follow my sons' example and make his will but at the local amphur office. My son arranged for his (my son's) lawyer to accompany his cousin and his wife to the amphur.

 

They arrived with a draft. Amphur 'Will lady' said that nephews' draft was not OK because will must state, because of the law, that he was leaving 200,000Baht to his mother-in-law. Accompanying lawyer intervened and said 'not true' and he asked the amphur lady to show him some evidence of her claim. She hesitated and they said 'but it would be nice'. Then she disappeared.

 

Supervisor arrived and asked the accompanying lawyer 'why do you come here and make trouble?'

 

Lawyer tried to explain that there is no such law, supervisor insisted it was up to her staff to make such decisions.

 

My nephew pulled the plug and they all walked out, nephew making sure he gathered up all the documents. Lawyer was then tasked to prepare nephew's will and he did it free.  

 

Lawyer later told my son he had seen several wills prepared at amphur offices which would be not accepted in court because the wording was ambiguous/could have several different interpretations, or details in one paragraph were inconsistent/clashed with details in another paragraph.

Edited October 14, 2020 by scorecard

[regularguy]

I have a question regarding the average length of time it takes for my Thai wife to get access to my bank account from time of death?

 

My situation is that I am a US citizen that has a valid Thai will drawn up in Thailand by a reputable law firm. I am leaving all my assets to her. The two main assets is my cash in the Thailand bank and my car. There are also instructions giving my wife permission for cremation and burial in Thailand. My understanding is that a death certificate is required by either the hospital or police if you die outside the hospital. 

We are moving shortly to Mukdahan. I want to give my wife the best guidance now so she can get this probated as quickly as possible. She has the will and car book in her possession. Should she hire a local lawyer to expedite the will? Or do this on her own? What are the steps?  So, any suggestions would be welcome.

 

Thanks in advance

[JusticeGB]

If you are resident in Thailand your English bank accounts could form part of your Thai Estate as they are "moveable assets". To be safe you should also draw up an English will stating how your English assets including your cash and bank accounts in the UK should be distributed. I have both a Thai will written both in Thai and English for my Thai assets and an English will for my bank account and an Inheritance that I am expecting in the UK for my UK assets. My ex wife has a will appointing me as Executor of her will to make sure that if she dies before me that her assets go to our daughter. 

[kiwikeith]

On 10/7/2020 at 9:15 PM, sanuk711 said:

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.

The only thing I have to worry about is my bank acc in LOS, but that can easily be remedied as my wife can get access just by phoning them. Could not believe it, one day I lost my ATM card and she rang them and cancelled it no questions asked.

I don't leave much porridge in there.

Your wife has more authority than most think.

[George Aylesham]

On 10/9/2020 at 3:22 PM, bert bloggs said:

 

I have one oh those as well

Me too - one covering my assets in Thailand; the other my assets in Britain. In order to speed things up with the banks, especially with joint and single bank accounts, I have got my lawyer to issue a document listing all the account numbers which my widow will be able to show the bank.

[karunasup]

can the adminstrator and beneficiary be the same person- for Thai will?
Also, anyone have a template for living will for medical power of attorney for Thailand??

[sanuk711]

4 minutes ago, karunasup said:

can the adminstrator and beneficiary be the same person- for Thai will?

yes but they can be a witness for the signing of the will.......

[topt]

On 10/27/2020 at 12:00 PM, sanuk711 said:

yes but they can be a witness for the signing of the will.......

I think you mean they cannot be a witness