400k in Thai Bank

[TigerandDog]

19 hours ago, Moonlover said:

Under Thai law, unless anything is written to the contrary and there are no children involved your wife is the sole benefactor of your estate. All the bank needs is a letter from your embassy confirming your demise and they will transfer the money into her name.

 

 

not entirely correct where foreigners are involved. The OP will also need a Thai will for his Thai assets to pass to his Thai wife.

[Shannoblic]

Bangkok Barry - the pension I mentioned is a company pension and is transferable to an eligible adult when I die.  The scheme [at the moment] gives my wife 50% of the monthly pension [tax free as it will be paid in Thailand].  

 

Perhaps I should also mention that my [as is the case with most UK pension schemes] has a percentage scale - in other words if my wife was 18 years old she would only get say 10% of the pension whereas as my wife is in her 50's she gets the full 50%.

 

My pension scheme has a registration system for a 'dependent adult' and I registered my wife using that.  They sent her a certificate of entitlement and all she has to do is submit it via one of the will executors along with a coipy of a death certificate and the pension becomes payable immediately.

 

Hope this answers you question.

[Tanoshi]

5 minutes ago, Bangkok Barry said:

Surely the easiest way is

1 - Get an ATM card in your name

2 - Give it to your wife

3 - Wife can then draw on the account as she needs it

There is no ATM card for a Fixed Term type of account, only for Savings accounts.

 

6 minutes ago, Bangkok Barry said:

Quote: My pension in the UK transfers to my wife upon my demise. I assume that is not a government pension, as I am under the impression that being able to transfer such, I think even then for only a limited period, was stopped some years ago. My turn to ask you for advice, please.

State pension ceases as soon as the DWP is notified.

Your wife, Thai or otherwise is no longer entitled to anything from your State Pension.

 

Certain private/company pension schemes may allow for a reduced pension for the named dependant, but again you should ensure your Thai wife is named as that dependant.

[fvw53]

my wife can access my account online with user ID and password

[Moonlover]

Just now, TigerandDog said:

not entirely correct where foreigners are involved. The OP will also need a Thai will for his Thai assets to pass to his Thai wife.

We have been assured, by a lawyer (who is related to my wife) that a will is not necessary as my wife is the sole benefactor and all my assets are in Thailand.

 

Bear in mind that the O/P was only talking about the deposits in his bank account, which is also my situation. Things could well be different if there are other tangible assets.

[Tanoshi]

5 minutes ago, fvw53 said:

my wife can access my account online with user ID and password

My wife is computer illiterate, as are many.

[Moonlover]

8 minutes ago, Tanoshi said:

18 minutes ago, Bangkok Barry said:

Surely the easiest way is

1 - Get an ATM card in your name

2 - Give it to your wife

3 - Wife can then draw on the account as she needs it

 

9 minutes ago, Tanoshi said:

There is no ATM card for a Fixed Term type of account, only for Savings accounts.

It is also illegal to access a deceased persons account until probate has been completed.

[Bangkok Barry]

9 minutes ago, Tanoshi said:

19 minutes ago, Bangkok Barry said:

Surely the easiest way is

1 - Get an ATM card in your name

2 - Give it to your wife

3 - Wife can then draw on the account as she needs it

There is no ATM card for a Fixed Term type of account, only for Savings accounts.

 

19 minutes ago, Bangkok Barry said:

Quote: My pension in the UK transfers to my wife upon my demise. I assume that is not a government pension, as I am under the impression that being able to transfer such, I think even then for only a limited period, was stopped some years ago. My turn to ask you for advice, please.

State pension ceases as soon as the DWP is notified.

Your wife, Thai or otherwise is no longer entitled to anything from your State Pension.

 

Certain private/company pension schemes may allow for a reduced pension for the named dependant, but again you should ensure your Thai wife is named as that dependant.

 

Then move the money to a Savings account, which is where my 400,000 is stashed. Much easier to access for my wife than all the rigmarole suggested above.

And thanks for confirming what I thought, which does confirm that the OP must be talking about a non-Government UK pension.

[Tanoshi]

2 minutes ago, Moonlover said:

We have been assured, by a lawyer (who is related to my wife) that a will is not necessary as my wife is the sole benefactor and all my assets are in Thailand.

That's absolutely correct. Under Thailand's Inheritance law your legal Thai spouse is the automatic heir to your Thai assets. However just providing proof of marriage would not automatically release those assets to her, she would probably require a Court Order for banks etc to release your assets to her.

 

The methods we are discussing is a means to allow instant access to your assets.

[Saltire]

18 hours ago, EricTh said:

 

Does the wife keep a copy of the will as well as the lawyer?

 

 

 

Yes, two original signed copies were issued, and as further security my brother in the UK is named as joint executor.

[EricTh]

Just now, Saltire said:

Yes, two original signed copies were issued, and as further security my brother in the UK is named as joint executor.

 

What does joint executor means? He doesn't get any money but help your wife get the money?

[garni]

Please all, ask the manager of your bank. You will get 2 pages of din a4, that are the rules of your account. 

You are death, the bank close the account. Your wife on or not, no matter. The manager advise, after your death, the wife transfer the money without to tell about your death. If your wife, girlfriend is on the bankbook, she get only half without marriage or last will. A lawyer is required. 

[Tanoshi]

4 minutes ago, Moonlover said:

 

It is also illegal to access a deceased persons account until probate has been completed.

Not when that person is the automatic heir under law.

What offence have they committed?

 

Banks will often advise to withdraw the funds of the deceased, providing you have means of access, before advising them of the account holders demise. This is exactly how many Thai wife's do it.

 

Probate is only required when there are more than one person who may be entitled to the assets, or a Will is contested by other family members.

[Saltire]

Just now, EricTh said:

 

What does joint executor means? He doesn't get any money but help your wife get the money?

My understanding is the lawyer can do nothing without the approval of my brother, and vice versa.

[Tanoshi]

2 minutes ago, EricTh said:

 

What does joint executor means? He doesn't get any money but help your wife get the money?

An Executor of a Will has the responsibility of ensuring the terms of the Will are carried out.

You can have more than one executor named in a Will.

[lopburi3]

50 minutes ago, TigerandDog said:

You MUST have a Thai will ( in English & Thai ) for your Thai assets and for your funeral arrangements if you want your Thai wife to receive those assets.

Don't think so.  If you are legally married your wife is next of kin under Thai law and will receive Thai assets after probate process.   If you have ex/children elsewhere a will would likely be helpful however.  

[SomchaiCNX]

19 hours ago, DrJack54 said:

This guy might have good advice @Tanoshi 

 

Unfortunately not all banks (or even branches of the same bank) allow this. If you change, probably you have to close the old one and open a new one so do it at least 3+ months before your are doing your extension. My SCB told me a couple years ago that my wife had to show an official paper that I passed away. They did not mention who had to issue that document.

[weelegs]

Another option often used by Thais when a spouse dies: be sure she has the user name and password for your account, and she can log in online and withdraw the funds from the account, maybe is stages 50-100K each time, until the account is empty.

 

No formalities/documents etc. Typical Thai workaround.

 

 

 

 

[flexomike]

3 hours ago, franckpattaya said:

Hi,

 

 I have opened an account at Bangkok Bank,it appears only my name on the book.

But I signed a proxy for my Thai wife, registered by the bank.

She can withdraw money without my presence, she made the test and it works.

Is there any left -555

[Tanoshi]

50 minutes ago, SomchaiCNX said:

Unfortunately not all banks (or even branches of the same bank) allow this.

Yes they do, but perhaps more appropriate to state they didn't understand your enquiry, or didn't know how to do it.

 

53 minutes ago, SomchaiCNX said:

If you change, probably you have to close the old one and open a new one so do it at least 3+ months before your are doing your extension.

Obviously, if you close an account at one branch, you must open a new account 2 months prior to submitting a new extension application in order to meet the financial requirement.

Having your wife added as an authorised user of your account is not relevant to Immigration.

 

1 hour ago, SomchaiCNX said:

My SCB told me a couple years ago that my wife had to show an official paper that I passed away.

 

It's called a death certificate.

Without your wife being added as an authorised user to your account, or a Will in place, the bank would freeze the account until a Court Order is provided.

 

The point of making these provisions is to make it as easy as possible for your wife to access any funds she is legally entitled to by law. Not only will she be busy with arrangements for your cremation, she has the immediate expense of the costs.

[Liverpool Lou]

17 hours ago, Tanoshi said:

20 hours ago, Liverpool Lou said:

Legally, probate has to be granted by the Probate Court before estate assets are (legally) distributed in Thailand.   It's strange how so many posters seem to think that probate law doesn't exist here or that foreigners estates are exempted from it.

That simply isn't true. Under Thai Inheritance laws a wife is automatically an heir to her husbands estate.

Where there is no wife, or Will and a number of other family members become heirs, or contest a Will does it need to go to Probate.

 

20 hours ago, Liverpool Lou said:

Your embassy is always involved in the process after your death, the Thai authorities have to inform the embassy, you cannot escape that "rigmarole".

It doesn't always happen.

The Embassy will also only notify traceable family members of the deceased foreigner.

In Thailand it is a legal requirement that probate is obtained, regardless of there being a will or the deceased dying intestate.   That is the law in Thailand.   What you said about those entitled to inherit may be true but only after probate has been granted as per the law.

 

The death of a foreigner is always advised to the relevant embassy, every time, so, as I said, the embassy is always involved in a death here.  I made no comment about the embassy's ability to trace family.

Edited April 23, 2021 by Liverpool Lou

[Toolong]

Tanoshi....(or anyone who knows)

 

Could you confirm that my little summary here is correct? 

 

So...regarding death of foreign partner of Thai spouse and how he/she can have access to their assets (in my case just money in Bangkok Bank)......

 

* making a valid will with Thai partner (legally married) as beneficiary is definitely essential (or would at least save a lot of hassle.)

 

* A savings account (NOT the 400k account) should preferably be a joint account with either signature required for withdrawals.....and.....in the event of foreigners death, the Thai spouse should withdraw/transfer money in that account BEFORE bank is informed of the death.

 

* The 400k account (in my case a savings account) should be 'modified' to include the Thai spouse as 'existing user', with the name of that person somehow  not appearing in bank book.

(I'm confused about what an 'existing user' is, and how they can be included in the account 'invisibly'.)

 

Added remark: if the surviving spouse is somehow invisibly included in that 400k account, it would be impossible to 'test' that they COULD access it using the bankbook & signature as no withdrawals are allowed on that account ever, according to my understanding of immigration rules (know what I mean?).

 

Would really appreciate any helpful comments on my post.

 

 

1 hour ago, Tanoshi said:

Not when that person is the automatic heir under law.

What offence have they committed?

 

Banks will often advise to withdraw the funds of the deceased, providing you have means of access, before advising them of the account holders demise. This is exactly how many Thai wife's do it.

 

Probate is only required when there are more than one person who may be entitled to the assets, or a Will is contested by other family members.

 

[orchidfan]

If this is a marriage extension,  why one earth leave the 400000 baht in the account?

Not required until 2 months before your next extension application. 

If the OP is worried about falling off the perch, then take it all out (apart from some beer money).

Just came back from Immigration to get the one year extension stamp. 

No mention of the 400k today which I showed evidence of 1 month ago at initial application. (In fact didn't even enter their office, just sat outside and waited for them to bring out my passport )

So as soon as application is submitted,  at least at Pathum Thani Immigration,  then the funds are available to do as you wish.

Unless of course he doesn't trust putting.g the money into his wife's account ?

[Tanoshi]

36 minutes ago, Liverpool Lou said:

In Thailand it is a legal requirement that probate is obtained, regardless of there being a will or the deceased dying intestate. 

Only in the case of transfer of property is a Probate order required.

As the foreign cannot own land, how many foreigners do you know that have the property in their name. The discussion is in the event of a foreigners death and funds in a Thai bank do not have to go through probate where the Thai wife is the sole heir by right of law.

 

[Tanoshi]

26 minutes ago, Toolong said:

* making a valid will with Thai partner (legally married) as beneficiary is definitely essential (or would at least save a lot of hassle.)

Yes.

 

27 minutes ago, Toolong said:

* A savings account (NOT the 400k account) should preferably be a joint account with either signature required for withdrawals.....and.....in the event of foreigners death, the Thai spouse should withdraw/transfer money in that account BEFORE bank is informed of the death.

A joint account - No.

 

27 minutes ago, Toolong said:

* The 400k account (in my case a savings account) should be 'modified' to include the Thai spouse as 'existing user', with the name of that person somehow  not appearing in bank book.

You can register her as an 'authorised user' of your account.

In the case of a Savings account with Bangkok Bank they will even issue her with a separate debit card on request.

[Liverpool Lou]

4 minutes ago, Tanoshi said:

Only in the case of transfer of property is a Probate order required.

As the foreign cannot own land, how many foreigners do you know that have the property in their name. The discussion is in the event of a foreigners death and funds in a Thai bank do not have to go through probate where the Thai wife is the sole heir by right of law.

 

You need to do some research on probate law in Thailand.   Where there are assets to be legally distributed, probate, which authorises that distribution, has to be obtained.  Bank accounts and other assets, as far as probate is concerned, are often referred to, collectively, as 'property' of the deceased. 

 

That the wife may be the sole heir is irrelevant to the process of obtaining probate and does not mean that the estate is exempt from that process as required under the law.

[Toolong]

To Tanoshi and Orchidfan:

 

Tanoshi....thanks for that. I will ask at Bangkok Bank about 'authorised users'.

 

Orchidfan: you're right about the 400k being accessible outside the 2 month period. Forgot about that. Thanks

[Tanoshi]

4 minutes ago, Liverpool Lou said:

You need to do some research on probate law in Thailand.   Where there are assets to be legally distributed, probate, which authorises that distribution, has to be obtained.  Bank accounts and other assets, as far as probate is concerned, are often referred to, collectively, as 'property' of the deceased. 

 

That the wife may be the sole heir is irrelevant to the process of obtaining probate and does not mean that the estate is exempt from that process as required under the law.

Probate is only required when their is more than one possible heir and the parties cannot agree on equal shares (as is in law). Where the parties agree, probate is not required.

 

In the case of a foreigner married to a Thai and she is the only heir under the law, no probate required. Ask any bank or lawyer, it's a straight forward open and closed case.

Where no Will or contingency has been made for the widow to obtain funds from the foreigners Thai bank account, then indeed a Court Order may be required, but this is not a Probate Order, it's issued by the local Family Court.

I have first hand personal experience of assisting Thai widows access to a foreigners funds in a Thai bank account. I believe NancyL has also had experience assisting Thai widows with these same issues.

 

Where there is a Will with more than one possible heir named, or persons legally entitled to a share (heirs) then indeed a Probate Order may be required to distribute the wealth between the heirs. Usually if the parties agree, then probate can be avoided., that's just how it works in Thailand.

Don't complicate the issue, make it as easy as possible to resolve for all.

[TigerandDog]

6 hours ago, lopburi3 said:

Don't think so.  If you are legally married your wife is next of kin under Thai law and will receive Thai assets after probate process.   If you have ex/children elsewhere a will would likely be helpful however.  

that only applies to Thais married to Thais, not foreigners married to Thais. I used to know a foreigner that thought the same thing, but as there was no Thai will his Thai wife didn't receive a single satang from his Thai estate, it al went to his relatives in his home country by default.

[TigerandDog]

6 hours ago, Moonlover said:

We have been assured, by a lawyer (who is related to my wife) that a will is not necessary as my wife is the sole benefactor and all my assets are in Thailand.

 

Bear in mind that the O/P was only talking about the deposits in his bank account, which is also my situation. Things could well be different if there are other tangible assets.

I can assure you if there isn't a Thai will she'll get nothing. I learnt that from a former friend who was of the same opinion. No Thai will, not a single satang for his Thai wife when he passed.