800K Posthumously

[Captor]

4 minutes ago, Tracyb said:

I have such an account at Bangkok Bank. I have no will.  I do have a second person, my significant other, who is a signatory on the account.  This was arranged at my branch.  That person’s signature shows under black light at the bank on the back page of the passbook, just under mine, and is able to withdraw funds in the case of my becoming unable to do so for ANY reason.  That person’s name is not shown as an owner on the inside front cover of the passbook because that person is not an “owner” of the account...joint or otherwise.  It’s legit.  The bank allows it and immigration accepts the passbook for use during my annual extensions of stay.

 

Pick a person you trust.  I mean....trust with your life kind of trust.  Then take that person with you to the bank to make this happen by filling out the required forms and signing the new passbook issued to you.

 

This workaround may not be everyone’s cup of tea but it does work for me.

 

Best wishes!

I still think it is illegal when the person owning the account is dead. It is maybe OK with the bank. But it would be problem in court. Better you make a will as well! That can not harm.

[Seeall]

12 minutes ago, Tracyb said:

I have such an account at Bangkok Bank. I have no will.  I do have a second person, my significant other, who is a signatory on the account.  This was arranged at my branch.  That person’s signature shows under black light at the bank on the back page of the passbook, just under mine, and is able to withdraw funds in the case of my becoming unable to do so for ANY reason.  That person’s name is not shown as an owner on the inside front cover of the passbook because that person is not an “owner” of the account...joint or otherwise.  It’s legit.  The bank allows it and immigration accepts the passbook for use during my annual extensions of stay.

 

Pick a person you trust.  I mean....trust with your life kind of trust.  Then take that person with you to the bank to make this happen by filling out the required forms and signing the new passbook issued to you.

 

This workaround may not be everyone’s cup of tea but it does work for me.

 

Best wishes!

Good one...  but I dont think it will work if you drop .... further to that they could see the death cert and say that she accessed the funds after you dropped...  then she could say she didnt know..  interesting..

[Orton Rd]

 

1 hour ago, Captor said:

And I believe it is illegal to take out money from a dead persons account. Even if it is a joint signatory account. Better you check that up what will happen in case of your death.

Technically it is but then so are a lot of things here, why involve the court if you can get around it?

[Chaspul]

Any will that post dates an original will in any country is now the current will. For a will to be recognised in Thailand it must be written here and witnessed. My wife and I wrote ours in English in line with those written in Canada. Had Thai translation but not certified as costs mega bucks. 

For those that have will in home country note that you can only have one current will. 

Chas

[The Theory]

On 1/4/2021 at 10:23 PM, Orton Rd said:

You can have the account a joint signatory which is not a joint account. If I go the Mrs can go in an take out what she wants, the bank are not going to be told i am dead.

Do you know if it works for fixed account as well ?
 

 

[foreverlomsak]

3 hours ago, Jaxxper said:

Ours are set up so that only assets  in the respective countries are identified in each will. That way there can be no conflict.

Good point though if someone inadvertently bequeaths the same asset differently in each will. 

The conflict comes from somebody in the home country who is not happy that they are not getting a "fair" share of the Thailand assets, e.g. the son does not think that the fathers G/f should get all in Thailand and then starts a counter claim through the home countries courts for the Thailand assets. This is why I have said that both wills must refer to the same specifics in both countries.

[foreverlomsak]

On 1/4/2021 at 11:18 PM, kingofthemountain said:

Maybe it could be something organized by the consulate, with a serious

lawyer recommended and controled on a regular basis?

I like that thought, although I doubt very much that it will go anywhere.

[foreverlomsak]

2 hours ago, gamini said:

there is a very simple way around this if you are married. open an online account with your wife's account and your account. give your wife your login details, so in the event of your death, she can quickly login and transfer the 800 K into her account. you can transfer between accounts up to million baht ./The bank accounts must be in the same bank. It's not exactly legal but I cannot see any problems with it. She can always say that you transfered the money into her account on your deathbed.the bank is highly unlikely to do any investigation ,it certainly doesn't check every single transfer.

problem being I think the OP was referring to no wife and no will.

[Captor]

1 hour ago, Orton Rd said:

 

Technically it is but then so are a lot of things here, why involve the court if you can get around it?

You never know who want to have a share after you gone and involves the court. You must think longer than after your death.

Edited January 6, 2021 by Captor

[Chaspul]

Any will that post dates an original will in any country is now the current will. You can only have one current will. 

[kingofthemountain]

19 minutes ago, foreverlomsak said:

problem being I think the OP was referring to no wife and no will.

Yes and that's unfortunately the case of a lot of westerners here in Thailand

old and alone.it seems there is not a nice and sure way to secure what happens

with their bank account, and i presume the Thais banks are more than happy with the actual situation.

It's why i think it could be nice if the consulate\embassy of your country of origin could be intersted in this process, as they are the ones that are informed of your death by the Thais authorities

[Chaspul]

Write aThi will passing on assets here and abroad. Otherwise assets will be divided Thai way, 50% to wife rest to children 

[foreverlomsak]

7 minutes ago, kingofthemountain said:

as they are the ones that are informed of your death by the Thais authorities

Are they, in my fathers case the local authorities said we've told you that is as far as our responsibility goes (He did live with me and my wife).

When I contacted the Embassy all they said was make sure you cancel and return his passport to UKPA, who promptly sent it back saying it might still be needed.

[foreverlomsak]

2 minutes ago, Chaspul said:

Write aThi will passing on assets here and abroad. Otherwise assets will be divided Thai way, 50% to wife rest to children 

Not sure you have the allocation right by what I've heard, and a Thai will does not necessarily have any standing in your home county.

[Captor]

4 minutes ago, Chaspul said:

Write aThi will passing on assets here and abroad. Otherwise assets will be divided Thai way, 50% to wife rest to children 

Will a Thai will regulate assets back in the home country? I have hear you need a Thai will for the assets in Thailand and a home country will for the assets there. Not correct?

[1FinickyOne]

4 hours ago, dsj said:

Does anyone knows where you can go to get a will drawn-up? Thanks

you can use online forms that can be downloaded... I used a lawyer who specializes and was quite reasonable... Will is both in English and Thai... want info you can PM me.. 

[kingofthemountain]

19 minutes ago, foreverlomsak said:

Are they, in my fathers case the local authorities said we've told you that is as far as our responsibility goes (He did live with me and my wife).

When I contacted the Embassy all they said was make sure you cancel and return his passport to UKPA, who promptly sent it back saying it might still be needed.

It's sad to know that.

I was pretty sure the Thai administration (Usualy the police as they need

to establish a death certificate) was in the obligation to inform the consulate\embassy 

in case of a foreigner death in Thailand. I am not english, so i can not do it. but it could

be interesting if an english guy could ask about it to the UK consulate, since they have

a part on this forum where they answer to the members questions.

It's a very important matter.

Edited January 6, 2021 by kingofthemountain

[foreverlomsak]

4 minutes ago, kingofthemountain said:

I was pretty sure the Thai administration (Usualy the police as they need

to establish a death certificate)

Nothing to do with the police, the hospital doctor issues a hospital certificate of death and the local Ampere issues the formal Death Certificate. The police would only be involved in a suspicious death, and then I am not sure if the have any responsibility to notify the UK embassy.

When a friend died I phoned the UK Embassy on behalf of his wife and basically they did not want to know or be involved.

[Captor]

2 minutes ago, foreverlomsak said:

Nothing to do with the police, the hospital doctor issues a hospital certificate of death and the local Ampere issues the formal Death Certificate. The police would only be involved in a suspicious death, and then I am not sure if the have any responsibility to notify the UK embassy.

When a friend died I phoned the UK Embassy on behalf of his wife and basically they did not want to know or be involved.

But must not the embassy contact the authorities back in the UK? I think they must do that if he still is UK citizen. That is the way with Sweden at least.

[macahoom]

31 minutes ago, Captor said:

Will a Thai will regulate assets back in the home country? I have hear you need a Thai will for the assets in Thailand and a home country will for the assets there. Not correct?

 

What you say in bold above is correct.

 

[foreverlomsak]

3 minutes ago, Captor said:

But must not the embassy contact the authorities back in the UK? I think they must do that if he still is UK citizen. That is the way with Sweden at least.

Different countries differing requirements and interest in subjects.

Hence Sweden still give income letters UK doesn't.

[Captor]

2 minutes ago, macahoom said:

 

What you say in bold above is correct.

 

Thanks,

[Captor]

2 minutes ago, foreverlomsak said:

Different countries differing requirements and interest in subjects.

Hence Sweden still give income letters UK doesn't.

Okey, thanks.

[maxcorrigan]

3 minutes ago, foreverlomsak said:

Nothing to do with the police, the hospital doctor issues a hospital certificate of death and the local Ampere issues the formal Death Certificate. The police would only be involved in a suspicious death, and then I am not sure if the have any responsibility to notify the UK embassy.

When a friend died I phoned the UK Embassy on behalf of his wife and basically they did not want to know or be involved.

Seems strange to me I was under the impression the Embassy would be the first place to go too, they could then inform the UK government so pensions etc. could be stopped, which they are always eager to do as we well know!

[EricTh]

That's one of the reason why the govt require us to put the 800k, the govt will get it if you don't have a will.

[scorecard]

On 1/5/2021 at 1:54 AM, Bruce Aussie Chiang Mai said:

Yep  need a will. If no one give it to give to soil dogs or me.

Bank or Government will have it.

Further, not difficult or complicated to make simple will, no need for lawyers etc. Can be made at a local Amphur office. 

This would be the wisest thing to do, so that their a clear specific beneficiary.  

[foreverlomsak]

2 minutes ago, maxcorrigan said:

Seems strange to me I was under the impression the Embassy would be the first place to go too, they could then inform the UK government so pensions etc. could be stopped, which they are always eager to do as we well know!

Under the Data Protection Act the UK Embassy has no right to know if you have a pension or not, and would therefore find it difficult to inform your pension provider(s) of your demise.

Anyway that would mean work and that is not what there here for, but that's a separate topic of discussion.

[khunPer]

On 1/4/2021 at 3:17 PM, MamaSan said:

Does it default to the bank?

If you have relatives abroad, they should be able to claim it through a Thai lawyer/court. The Thai law stipulates list of relatives, when there are no will.

 

"In the case that there are no heirs or anyone designated to receive the assets, the assets become property of the State or the general public."

(Thai Law for Foreigners, page 80).

 

If you have no family in Thailand, it's the family abroad that decide what to do with the body, i.e. if cremated or brought home; ashes can also be taken by foreign family member, according to Thai Law for Foreigners (page 83).

 

The best is to make a will, which can be a very simple procedure. You can write your own and sign it at the district office, which can also keep the will on file for you. There are several threads about making a last will in Thailand. You can also read about in the book Thai Law for Foreigners.

[Orton Rd]

9 hours ago, maxcorrigan said:

Seems strange to me I was under the impression the Embassy would be the first place to go too, they could then inform the UK government so pensions etc. could be stopped, which they are always eager to do as we well know!

If that was the way things are they would have no need to send out life certs to prove you are still alive, when that is not returned the pension stops as they assume you are dead

[newnative]

On 1/4/2021 at 10:23 PM, Orton Rd said:

You can have the account a joint signatory which is not a joint account. If I go the Mrs can go in an take out what she wants, the bank are not going to be told i am dead. It's a back up to an ATM card which can always get damaged.

      Yes.  This is the way I have mine set up with my spouse.  As others have said, it is important to have a Will that covers your Thailand assets.  With the lockdown and possibly more idle home time, this might be a good time to do some work on a Will, or take a look at your current Will and see if any changes need to be made.  

     You might ask yourself this question and go from there with your planning:  You've just died--now what?  What do you want done with your body?  Be specific. Who do you want notified?  Provide good and current contact information.  What are your assets in Thailand--be specific and detailed--and who do you want to inherit them?   Who do you want to be your Executor to manage all this?  And, do you want this person, who needs to agree to do this, to be paid and how much?   If you live alone, where are your important papers kept and how will your Executor gain access to them?  Put yourself in the shoes of your Executor and do your planning to make his or her job as easy as possible.