400k in Thai Bank

[lopburi3]

8 minutes ago, TigerandDog said:

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.

Your wife is next of kin here, there, anywhere.  Suspect your friend was not legally married under laws of his home country.

[TigerandDog]

10 minutes ago, lopburi3 said:

Your wife is next of kin here, there, anywhere.  Suspect your friend was not legally married under laws of his home country.

It's got nothing to do with being legally married in your home country. He was legally married here in Thailand, didn't have a Thai will and she got nothing.

[lopburi3]

6 minutes ago, TigerandDog said:

It's got nothing to do with being legally married in your home country. He was legally married here in Thailand, didn't have a Thai will and she got nothing.

There is no requirement for any will for next of kin to inherit in my understanding - believe there must have been other factors involved. 

[Tanoshi]

1 hour ago, TigerandDog said:

It's got nothing to do with being legally married in your home country. He was legally married here in Thailand, didn't have a Thai will and she got nothing.

I know foreigners who state they are married, but had no more than a village ceremony, which is not a legal marriage in Thailand or anywhere else.  He could have had a UK Will that left all his UK assets to his UK family and not had any assets of any value in Thailand that his Thai wife benefitted from.

 

Again, I know those who are legally married, using Non Imm O ME Visas to stay in Thailand living month by month on a paltry state pension of 25,000 baht a month.

If legally married to a Thai she is automatically a main heir to any assets in Thailand by the Inheritance laws of Thailand.

 

[Moonlover]

4 hours ago, TigerandDog said:

11 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.

 

4 hours ago, TigerandDog said:

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.

Are you seriously expecting me to accept hearsay evidence in preference to a Thai lawyer who is related to my wife and can be deemed to have her interests in mind.

 

Now I don't particularly trust lawyers, but I reckon in this case I'll go with his version thanks.

[Shannoblic]

Dear All - thank you so much for all your valuable comments and input.

 

I have tried to filter the points I needed to know from your suggestions and comments and now have a clearer view of what I have to do.

 

Just to clarify - my post was only about the 400k I leave in Kasikorn for my annual marriage extension.  Pensions and other incomes go to a different account at Bangkok bank which my wife has run for nearly 15 years!  Indeed, apart from renewals I haven't even seen the ATM card for that account for years.  The wife does all the budgeting, purchasing etc. as I am b****y useless at it!

 

All assets in Thailand - house - car - bike - some land - etc. are already in the wife's name and I foresee no problems there.  It was just getting the 400k to her, but with my pension transfer arrangements and a little money in the Bangkok bank it is not essential to do it very quickly but I want her to get it not the government.

 

I have no assets in England really, just a bank account where pensions are paid before transfer so there is really not a lot to worry about there.  I am lucky that my daughters in England get on very well with my wife and will support and help her if required.    

 

Once again - a very big THANK YOU to you all for taking the time to advise me.

[Toolong]

Whoa!!! ????

 

Before this thread comes to a stop (and it's been an excellent one & very useful)...I have a query about making 'the will' itself.

Would appreciate helpful comments!

 

So...

 Do I have to involve a lawyer? Can I type it out myself (or handwritten? or both?) and get my Thai wife to translate it into a Thai version? Does it need legally valid stamps on it?

 

The witnesses and their required docs & signatures etc....I'm clear about all that, no problem.

Just the required format of the will itself is what I'd like to know. 

 

Thanks...

 

 

[ubonjoe]

15 minutes ago, Toolong said:

Before this thread comes to a stop (and it's been an excellent one & very useful)...I have a query about making 'the will' itself.

The correct forum for questions about wills is the Family and children forum..

https://forum.thaivisa.com/forum/96-family-and-children/

You may find a topic already open on it that has info about them.

 

[TigerandDog]

14 hours ago, Moonlover said:

 

Are you seriously expecting me to accept hearsay evidence in preference to a Thai lawyer who is related to my wife and can be deemed to have her interests in mind.

 

Now I don't particularly trust lawyers, but I reckon in this case I'll go with his version thanks.

your choice, but don't complain when you discover that your lawyer has advised you wrongly.

 

See below and please note that the reference to legal heirs of the foreigner means foreign heirs NOT Thai wife and kids.

 

"Death of a foreigner in Thailand

In case a foreigner dies in Thailand, then the relevant authorities will contact the embassy that will notify the relatives of the deceased person about the foreigner’s death. These relatives will then hire an attorney to initiate a probate proceeding in Thailand in order for the estate assets of the deceased person to be shared among the legal heirs of the foreigner."

 

The ONLY way to circumvent this is to have a Thai will.

Edited April 24, 2021 by TigerandDog

[Moonlover]

34 minutes ago, TigerandDog said:

your choice, but don't complain when you discover that your lawyer has advised you wrongly.

 

See below and please note that the reference to legal heirs of the foreigner means foreign heirs NOT Thai wife and kids.

 

"Death of a foreigner in Thailand

In case a foreigner dies in Thailand, then the relevant authorities will contact the embassy that will notify the relatives of the deceased person about the foreigner’s death. These relatives will then hire an attorney to initiate a probate proceeding in Thailand in order for the estate assets of the deceased person to be shared among the legal heirs of the foreigner."

 

The ONLY way to circumvent this is to have a Thai will.

As my Thai wife IS my only legal heir there is nothing to circumvent. Therefor under Thai inheritance law, my wife is  the sole beneficiary. That was the point that our lawyer made.

[Andycoops]

A friend of mine passed away with no will and his wife simply went to the banks ATM and withdrew the money as and when she needed it.

She had the PIN number because he gave it to her so she could pay his hospital bills while he was in the room.

[ubonjoe]

1 hour ago, TigerandDog said:

"Death of a foreigner in Thailand

In case a foreigner dies in Thailand, then the relevant authorities will contact the embassy that will notify the relatives of the deceased person about the foreigner’s death. These relatives will then hire an attorney to initiate a probate proceeding in Thailand in order for the estate assets of the deceased person to be shared among the legal heirs of the foreigner."

Source of that info please.

[TigerandDog]

22 hours ago, ubonjoe said:

Source of that info please.

Thai Probate and Inheritance Law | ThaiEmbassy.com

 

Also please note that I've had personal experience via a deceased friend of his wife not receiving any of his Thai estate because there was no Thai will. The entire estate went to his estranged foreign heirs.

 

I've also received legal advice from 3 Thai legal firms with regard to this and they all stated that for a Thai to inherit a foreigners Thai estate there must be a Thai will.

Edited April 25, 2021 by TigerandDog

[TigerandDog]

23 hours ago, Moonlover said:

As my Thai wife IS my only legal heir there is nothing to circumvent. Therefor under Thai inheritance law, my wife is  the sole beneficiary. That was the point that our lawyer made.

stay stubborn. You've been shown the facts, ignore that at your peril or your Thai wife's. As previously stated Thai Inheritance Law does NOT apply when a Thai is married to a foreigner and the foreigner dies, and as I've also previously stated I've seen how it actually works when my late foreign friend died and his Thai wife inherited nothing because there was NO Thai will. His entire Thai estate went to his estranged heirs in his home country.

[Tanoshi]

On 4/24/2021 at 11:41 AM, TigerandDog said:

"Death of a foreigner in Thailand

In case a foreigner dies in Thailand, then the relevant authorities will contact the embassy that will notify the relatives of the deceased person about the foreigner’s death. These relatives will then hire an attorney to initiate a probate proceeding in Thailand in order for the estate assets of the deceased person to be shared among the legal heirs of the foreigner."

That is only in the case where a foreigner was a single retiree with no Thai wife or Family and his only family and entitled heirs were based in his home Country.

 

[Peterw42]

23 minutes ago, TigerandDog said:

stay stubborn. You've been shown the facts, ignore that at your peril or your Thai wife's. As previously stated Thai Inheritance Law does NOT apply when a Thai is married to a foreigner and the foreigner dies, and as I've also previously stated I've seen how it actually works when my late foreign friend died and his Thai wife inherited nothing because there was NO Thai will. His entire Thai estate went to his estranged heirs in his home country.

Could it be the case that the foreign friend still had a will in home country and that will took precedence over Thai laws ??

Thai estate would go to probate in Thailand and go to anyone that can present a valid will. No will then it follows Thai inheritance.

 

Edited April 25, 2021 by Peterw42

[Tanoshi]

19 minutes ago, TigerandDog said:

As previously stated Thai Inheritance Law does NOT apply when a Thai is married to a foreigner and the foreigner dies, and as I've also previously stated I've seen how it actually works when my late foreign friend died and his Thai wife inherited nothing because there was NO Thai will. His entire Thai estate went to his estranged heirs in his home country.

If a foreigner passes away in Thailand with no Will then Thailand's Inheritance Law applies.

 

If you have NOT made a Last Will or Testament, or valid will, the law (intestacy rules) will determine what happens to your assets when you die. Under Thai inheritance laws this generally means that the assets will be distributed amongst the statutory heirs. Under section 1629 of the Civil and Commercial Code of Thailand there are 6 classes of statutory heirs and they are entitled to inherit in the following order:

descendants

parents

brothers and sisters of full blood

brothers and sisters of half blood

grandparents

uncles and aunts

The surviving spouse is a statutory heir, subject to the special provisions of Section 1635 Civil and Commercial Code.

 

I don't think you knew enough about your friends situation to comment and you evaded my previous question. There could be a number of reasons why his Thai wife(?) wasn't entitled to anything, the main one being under Thai law they were not legally married.

 

 

[ubonjoe]

33 minutes ago, TigerandDog said:

Thai Probate and Inheritance Law | ThaiEmbassy.com

That is not a official website. From the bottom of a page on that site. "This is NOT the official website of the Thai Embassy."

I could not find the exact wording of what your wrote before on the site.

[Peterw42]

31 minutes ago, TigerandDog said:

His entire Thai estate went to his estranged heirs in his home country.

A legal Thai wife would be first in line for inheritance in any home country (unless a will says otherwise)

[lopburi3]

As pointed out most likely marriage was not legal under laws of Thailand or home country - in most cases any Thai marriage is legal in home country but suspect there may be exceptions (or procedures to follow).

 

Another possibility is a home country will was accepted by Thailand probate for distribution of assets.

 

There were no assets to give.

 

 

[Tanoshi]

13 minutes ago, Peterw42 said:

Could it be the case that the foreign friend still had a will in home country and that will took precedence over Thai laws ??

Foreign Wills may be enforceable in Thailand, but in order to be enforceable, it must be consistent with Thai law. Whichever way, his Thai wife if legally married, would have been entitled to a share of the Estate.

 

Where no Will is present a foreigners estate is dealt with under Thai Inheritance laws.

However if he has children, brother or sisters in his home Country, they are also entitled to a share of his estate along with his Thai wife/family.

 

If to avoid conflict after your death, with a number of possible heirs under Thailand's Inheritance laws, then you should make two Wills. One in your home Country specifically covering foreign assets for foreign members of family, and one in Thailand specifically covering Thai assets for your Thai family.

[Tanoshi]

1 hour ago, TigerandDog said:

I've also received legal advice from 3 Thai legal firms with regard to this and they all stated that for a Thai to inherit a foreigners Thai estate there must be a Thai will.

That depends on how many possible heirs he may have after death.

If he had no brothers, sisters, children, by blood, or deceased and legally married to a Thai, she would be the sole heir of his estate and no need for a Will or Probate.

 

That said, I would recommend making a Will to make your wishes clear to all concerned and prevent delays, or possible claims from other parties for whom it nothing not intended.

You can insert a clause into a Will to cover that eventuality.

Edited April 25, 2021 by Tanoshi

[Tanoshi]

1 hour ago, TigerandDog said:

Thai Probate and Inheritance Law | ThaiEmbassy.com

That's a commercial website as a front for Siam Legal.

It's in their interest to make you concerned enough you'll go and spend your cash on their services.

[KannikaP]

On 4/23/2021 at 7:52 AM, bbudd said:

Not a joint account buy shes registered tom withdraw

What does this mean please?

[Tanoshi]

3 minutes ago, KannikaP said:

What does this mean please?

She is registered as an authorised user of the account.

She has access to funds in the account but is not named on the account.

[KannikaP]

On 4/24/2021 at 11:04 AM, Toolong said:

Whoa!!! ????

 

Before this thread comes to a stop (and it's been an excellent one & very useful)...I have a query about making 'the will' itself.

Would appreciate helpful comments!

 

So...

 Do I have to involve a lawyer? Can I type it out myself (or handwritten? or both?) and get my Thai wife to translate it into a Thai version? Does it need legally valid stamps on it?

 

The witnesses and their required docs & signatures etc....I'm clear about all that, no problem.

Just the required format of the will itself is what I'd like to know. 

 

Thanks...

 

 

Type it out in MS Word which has a translate feature. Then print out both versions to get signed & witnessed.

[Toolong]

8 minutes ago, KannikaP said:

Type it out in MS Word which has a translate feature. Then print out both versions to get signed & witnessed.

Thank you, KannikaP, I appreciate your help!

[KannikaP]

30 minutes ago, Tanoshi said:

She is registered as an authorised user of the account.

She has access to funds in the account but is not named on the account.

No, I was questioning the actual words showing in your post, buy & tom?

[ubonjoe]

On 4/24/2021 at 11:04 AM, Toolong said:

Whoa!!! ????

 

Before this thread comes to a stop (and it's been an excellent one & very useful)...I have a query about making 'the will' itself.

Would appreciate helpful comments!

 

So...

 Do I have to involve a lawyer? Can I type it out myself (or handwritten? or both?) and get my Thai wife to translate it into a Thai version? Does it need legally valid stamps on it?

 

The witnesses and their required docs & signatures etc....I'm clear about all that, no problem.

Just the required format of the will itself is what I'd like to know. 

 

Thanks...

 

 

Go to the Family and Children forum I mentioned in this post. There is pinned topic to download templates for wills.

 

On 4/24/2021 at 11:23 AM, ubonjoe said:

The correct forum for questions about wills is the Family and children forum..

https://forum.thaivisa.com/forum/96-family-and-children/

You may find a topic already open on it that has info about them.

 

 

[TigerandDog]

2 hours ago, Peterw42 said:

A legal Thai wife would be first in line for inheritance in any home country (unless a will says otherwise)

go back and read the post correctly before making uneducated comments. There was NO will. Foreigners married to Thais MUST have a will if they wish the Thai partner to inherit their Thai estate.