Clear instructions to my wife in the event of my untimely demise!!

[MarkT63]

Hi Guys

 

Always get some good advice in here, so here goes.

I am on a O-A visa based on retirement. Been here nearly three years doing annual extension.

My wife came in on a Non-Imm O visa (as she was under 50 when we came here and could not retire) and we made her dependant on me at Phuket Immigration in the first year.

The thought occurred while I was riding my 500cc motorbike (you can see where this is going!) - what would she do in the case of my untimely demise.

I want to leave her very clear instructions on what she should do if she wants to remain in Thailand.

Can anyone give some advice on the step-by-step things she would need to do to convert to a retirement visa in her own right?

Appreciate the assistance guys

????

Edited March 30, 2022 by MarkT63

[OneMoreFarang]

a) tell her to hire an agent

b) tell her to ask here in this forum

c) are you sure she wants to follow your instructions when your dead? ???? 

[DrJack54]

OP, Like your thinking.

Folk in the forum would have some ideas. 

 

Your best to wait for advice from @ubonjoe 

 

Apart from the visa side of things she would also need to access your 800k held in your Thai bank account.

You might like to also ask in the banking forum for advice. 

 

BTW...This bank funds access to spouse or gf or whoever is something many of us kick the can down the road on. 

I plan to make a Thai will for my assets here. Just keep putting it off. 

 

[Thailand]

In the event of your death and her being a dependent she would have a short period of time before she would have to leave Thailand. An agent could probably resolve that problem.

 

She would need to have access to the 800K plus and make sure she knows how to immediately transfer it to her account in the event of your death.

 

Or she could go through the process of having a stand alone extension of stay.

 

 

 

[DrJack54]

9 minutes ago, Thailand said:

She would need to have access to the 800K plus and make sure she knows how to immediately transfer it to her account in the event of your death

You make that sound easy and legal.

My partner has my pin. 

Don't think that will work. 

[Thailand]

3 minutes ago, DrJack54 said:

You make that sound easy and legal.

My partner has my pin. 

Don't think that will work. 

My partner has online access to all our accounts. She knows what she can do if I go first.  She is also dependent and she knows what to do in that case also.

[Thailand]

2 minutes ago, Thailand said:

My partner has online access to all our accounts. She knows what she can do if I go first.  She is also dependent and she knows what to do in that case also.

But she is more likely to cash in, up sticks,  and return to her home country! ????

[DrJack54]

2 minutes ago, Thailand said:

My partner has online access to all our accounts. She knows what she can do if I go first.  She is also dependent and she knows what to do in that case also.

Not going to debate. 

It's a topic that has been covered many times in various forums.

Having online access does not make transfers withdrawals etc all legal when the person has accounts in their name only and they die. 

If joint accounts most likely not an issue. 

[Thailand]

9 minutes ago, DrJack54 said:

Not going to debate. 

It's a topic that has been covered many times in various forums.

Having online access does not make transfers withdrawals etc all legal when the person has accounts in their name only and they die. 

If joint accounts most likely not an issue. 

I agree it's a grey area but we each have single accounts and joint accounts in different locations here and offshore. But this is our solution -  hopefully!

Edited March 30, 2022 by Thailand

[DrJack54]

I just noticed that the OP in fact has a valid non O-A visa so would not have 800k in Thai bank to worry about. 

Edited March 30, 2022 by DrJack54

[tonray]

5 minutes ago, DrJack54 said:

I just noticed that the OP in fact has a valid non O-A visa so would not have 800k in Thai bank to worry about. 

He says 3 years of extensions

[Lacessit]

I have a Thai will, and an Australian will. Both specify what my executors are required to do.

My Thai GF has a joint account with me. There is enough money in it for her to live on until probate is declared on the assets she will inherit in Thailand, which is usually about 6 months.

I assume from the OP's post his wife is not Thai, in which case the easiest course for her is to engage a reputable agent.

[Richard 2020]

If the woman has now reached the age for a " NON-O", she should already now make this visa.
Why wait until the death of the husband?

[DrJack54]

1 minute ago, Richard 2020 said:

If the woman has now reached the age for a " NON-O", she should already now make this visa.
Why wait until the death of the husband?

Requires another 800k in Thai bank..

[Richard 2020]

Not obligatory!
It goes also with the proof of a pension and if with the pension not the 800.000.-THB are reached the missing sum on an account put!
Example: Pension annually 450.000.-THB then only 350.000.-THB must be put on an account!!! 

Richard

[dlclark97]

12 hours ago, DrJack54 said:

You make that sound easy and legal.

My partner has my pin. 

Don't think that will work. 

It is very likely your accounts will be frozen and she will not have access to them.  This is the norm in the USA and I believe it is the case here..

[DrJack54]

7 minutes ago, dlclark97 said:

It is very likely your accounts will be frozen and she will not have access to them.  This is the norm in the USA and I believe it is the case here..

That's exactly correct. 

There is a need for a will. 

Otherwise it's a mess. 

[wombat]

14 minutes ago, dlclark97 said:

It is very likely your accounts will be frozen 

From what I've read that happens before you've reached the freezer.

I'm not sure why or how that works?

[JimHuaHin]

42 minutes ago, dlclark97 said:

It is very likely your accounts will be frozen and she will not have access to them.  This is the norm in the USA and I believe it is the case here..

That is my understanding also.

 

A couple I knew, actually the widow - he was Canadian, she is Thai - had this problem.  They were living in Canada, but had 2 houses in Thailand and one bank account - all in both names.  He died about 5 years ago, and she came back to Thailand to sell the houses - she has no desire to live in Thailand.

 

She went to her Bangkok Bank where the account was based, and wanted to change the name of the account into just her name and withdraw some money, as she had not brought much money with her.  The Bank immediately froze the account.  It took her about 10 weeks to go through the process of changing the account into just her name - she had not brought her husband's death certificate with her.

[OJAS]

15 hours ago, Thailand said:

Or she could go through the process of having a stand alone extension of stay.

I agree, and maybe better IMHO if she could make the switch to a freestanding retirement extension sooner rather than later (assuming that she and the OP could afford to do so) since, as already pointed out, she would probably experience difficulties in transferring the necessary 800k from the OP's account into a separate account in her name for this purpose immediately following his untimely demise.

 

Maybe the OP could write down a list of the procedures which he himself goes through each year in order to obtain his retirement extensions, for her benefit. The one significant difference between the 2 of them, of course, would be that, since her original visa was of the non-O variety, she wouldn't be subject to the mandatory health insurance requirement which he as an original non-OA visa holder currently is! ????

Edited March 31, 2022 by OJAS

[Russell17au]

We have just gone through a situation of a farang friend that is married to a Thai woman and he did not leave a Thai registered will and his wife went to get some money out of his account and the ATM machine kept the card so she went into the bank and she was told that she cannot access the account as her name is not listed on it and if she withdrew money from the account then she would be arrested and charged with theft as according to law the money is not hers until after probate. The account was in her husbands name only, not even a joint account. So she has to wait until everything goes through the Thai probate court system.

[BritManToo]

15 hours ago, MarkT63 said:

I want to leave her very clear instructions on what she should do if she wants to remain in Thailand.

I'd suggest she marries a Thai guy.

Easy VISA extension, and after 2 years she can apply for citizenship.

[KannikaP]

14 hours ago, Richard 2020 said:

Not obligatory!
It goes also with the proof of a pension and if with the pension not the 800.000.-THB are reached the missing sum on an account put!
Example: Pension annually 450.000.-THB then only 350.000.-THB must be put on an account!!! 

Richard

Why do you say 'Pension'? Surely any foreign income into Thailand via the Combination Method plus an account which the total adds up to over Bht 800,000 should be acceptable.

[RocketDog]

2 hours ago, dlclark97 said:

It is very likely your accounts will be frozen and she will not have access to them.  This is the norm in the USA and I believe it is the case here..

A Thai will would clear all that up. I have one and paid 10,000thb for it. My Thai wife has my pin  numbers also and instructions to empty the accounts to max daily withdrawal until empty. The will has all accounts listed with her as sole beneficiary.

It's worth the cost I think.

[scorecard]

15 hours ago, Thailand said:

I agree it's a grey area but we each have single accounts and joint accounts in different locations here and offshore. But this is our solution -  hopefully!

In these circumstances perhaps:

 

- Make bank accounts joint accounts.

- All well recorded with bank that only 1 signature is needed and can be either party can sign withdrawals etc.

- Other party knows where any ATM card is stored and knows the current 6 digit pin number.

- Don't tell the bank that the other party has deceased.

- Don't try to withdraw full balance in 1 withdrawal at the bank. Make many withdrawals but within a few days. Leave a few Baht (10Baht?) in the account - total withdrawal of full balance might attract attention.

- Surviving partner perhaps should have an independant account at a different bank ready to receive any large amounts of cash.  In this case don't transfer by internet banking, this records full details of receiving bank/account no. at the sending bank. 

Edited March 31, 2022 by scorecard

[DrJack54]

3 minutes ago, scorecard said:

In these circumstances perhaps:

 

- Make bank accounts joint accounts.

- All well recorded with bank that only 1 signature is needed and can be either party can sign withdrawals etc.

- Other party knows where any ATM card is stored and knows the current 6 digit pin number.

- Don't tell the bank that the other party has deceased.

- Don't try to withdraw full balance in 1 withdrawal at the bank. Make many withdrawals but within a few days. Leave a few Baht (10Baht?) in the account - total withdrawal of full balance might attract attention.

- Surviving partner perhaps should have an independant account at a different bank ready to receive any large amounts of cash.  In this case don't transfer by internet banking, this records full details of receiving bank/account no. at the sending bank. 

I would suggest a lot of your plan is illegal. 

[G Rex]

13 minutes ago, DrJack54 said:

I would suggest a lot of your plan is illegal. 

That may be the case - But I agree with doing anything to have access to our own money ???? 

Lawyers, banks & government officials can be a PITA while awaiting probate!

[newnative]

41 minutes ago, DrJack54 said:

I would suggest a lot of your plan is illegal. 

What's illegal if it's a joint account that allows either party to access the account and obtain funds independently?  My partner and I have several joint accounts that allow us to do that, as well.

[scorecard]

1 hour ago, DrJack54 said:

I would suggest a lot of your plan is illegal. 

I'm aware of that.

 

It's also true that all of what I wrote has been put in practice many times.

It's also true that the Bank of Thailand doesn't really control subjects like this.

 

It's also true that Thai banks makes their own rules on this subject.

 

 

 

 

 

[crazykopite]

If she reaches 50 before you crash out then stick 800 k in the bank there is no reason why she can’t already have a bank account if under 50 when you crash out then there are means and ways 1st thing that comes to mind doing a Thai language course , musty entry take a few days holiday in neighbouring countries every 90 days and if I’m correct I don’t think the IO would not kick her out within 7 days the choice is endless . Have a long and happy life when your dead you don’t know your dead so don’t lose sleep over it  ! Just because your good wife is younger than you doesn’t mean she will survive you, it doesn’t work like that maybe you have to make a plan just in case your good lady goes before you 

Edited March 31, 2022 by crazykopite