If, or When, I Die

[khunPer]

15 hours ago, Robin said:

Can anyone with more knowledge of Thai legal system comment on this as I want everything to e as easy as possible for her when I go.

Wife has not made a will, as her mother told her it would be 'bad luck'  think about her death.

Wife and I agree that if she should pre-decease me, everything in Thailand except my bank account would go to her family, and they can sort it out between themselves.    I would not want to live on in the village, but would return to UK

We do not have any children but wife has niece she has brought up a daughter, and expects that she should inherit everything in Thailand.

It's the country were you stay the most when you die that will sort out the estate. This means that it could be under Thai law in your case. Your British last will will need to be translated to Thai; however, real estate in Britain might be handled after British law, while bank deposit and equity most likely will be handled after Thai law. It can be quite complicated in some cases.

 

Your wife should make a last will, as with no last will the distribution of the estate will follow the law, meaning that the husband shall have 50% and children 50%, if there are no children but surviving parent, then 50% goes to the parents or other siblings.

 

There is so far no inheritance tax in Thailand...????

[lopburi3]

53 minutes ago, Lacessit said:

AFAIK there is nothing that impedes a couple from renewing their wedding vows in one or more than one country.

You must have a certificate from your Embassy affirming you are not married to register a marriage in Thailand.

[Lacessit]

36 minutes ago, lopburi3 said:

You must have a certificate from your Embassy affirming you are not married to register a marriage in Thailand.

Did not know that, thanks. Irrelevant to me, one marriage was enough.

[hotandsticky]

6 hours ago, Thujone said:

IF you die!?!

Optimist of the Year award goes to Robin.

 

 

Nobody gets out of this adventure alive!

[hotandsticky]

The OP has simplified matters as far as premature death of his wife is concerned  -  just return to the UK, the family can have the Thai assets.

 

 

The UK Will covers most things and a good executor will ensure that the beneficiaries receive their dues.

 

As identified in an earlier post, any widows benefit from occupational pensions should be identified and a nomination form submitted.

 

It seems that the only asset in Thailand is the money held for Immigration purposes. A Thai Will covering this should be knocked up as a back up.

 

Many people choose the slightly illegal act of withdrawing via the ATM after death. A good practical way forward to avoid any possible Lawyer/Probate fees. 

[Robin]

"There is no inheritance tax to pay on anything left to a spouse, unless different rules apply to a foreign spouse, albeit one married in the UK."

 

Care with this!  I had my accountant in UK look into inheritance tax for my wife.  seems that as she is not a UK citizen, she is liable for inheritance tax on UK assets, subject to normal UK law.

 

I have been told by my bank in Singapore that all assets there are exempt from inheritance and capital gains tax as I am a non-resident.  perhaps one of the attractions of Singapore as a business centre.

Very grateful for all the advice given here, it has clarified my situation.

Bottom line is:- 

Everything in Thailand is in wife's name and no concern of mine, I just live here on her tolerance.  When I die, it is up to her what she does with it.  Past experience  suggests that she is not easily parted from her cash.

What I have in Thailand is mainly bank account with visa funds (800,000 Baht + some reserve) which I will not care too much about.  wife can argue that with Kbank.

If she predeceases me, then after the funeral I would walk away and leave her family to fight over her estate.  Probably with draw as much cash as Kbank will let me and change that on the way out.

All my assets not in Thailand are accounted for in my UK will and I am assured by reputable solicitors/executors that will is water-tight.  I am not going to be very interested at that time.  I have no dependants in  UK and no contact with any surviving family, so they get nothing.

Wife has the Thai belief "If you talk or think about something, you will make it happen" and will only discuss these topics under great duress.  I have done my best to provide for her, but it will finally be up to her.  I know that she can comfortably live out her life in the village with what she owns, and if she is stupid ang gives too much away trying to impress her family that she is "Big Sister" that will be her problem, but 40 yrs experience suggests that she will hang on to her money.

Unlikely that wife will make a will, she tells ne that her family will sort out her estate, as they have when other members died.  Up to her and her family.  I have learned not to interfere

[Eaglekott]

Sorry to bring you the bad news, it's not a question IF. You will die. I just hope it's later than sooner ????

 

(Hope you can stand the irony)

[xtrnuno41]

Property (house?) in UK, get rit of it already. One less worry.

OK, if you are and need going back, when wife dies, it could be handy to keep.

 

The niece raised as daughter has a special loving place? Then your wife MUST do something with a will. All is in her name, so she decides.

I assume you were the father figure in nieces life and maybe feel the same way?

If she doesnt do a will, then parents, brothers or whatever family in line are claiming. They sure will ! It must be set in a will for that (niece) daughter.

 

Maybe to avoid hassle with the retirement bank. register your mariage in Thailand, although after 40 years. But could smoothen.

Congratulations with that, you found your soulmate. I envy you. 

I assume, your UK executor will take care of all when you die. Selling property and shifting money. as your wife will stay in Thailand.

[TigerandDog]

so many threads on this topic. To absolutely guarantee that your Thai wife receives your money in the Thai bank, get a Thai will done. It will save her a lot of inconvenience and needless grief. I've posted in other threads on this topic about farang friends that passed without a Thai will, and that their Thai wives received NOTHING as a result. Thier Thai assets automatically went to their living relatives in their home countries. Get a Thai will for cryin out loud.

[unblocktheplanet]

On 8/11/2022 at 12:13 PM, lopburi3 said:

Yes - and he can not marry again in Thailand in any case - he is already married.

 

What they could do is change her name to his as there is no longer the old property ownership issue and that might speed things.

I disagree. There is no need to tell them when you tie the knot. We did it the other way, first here, then in Canada. We legally adopted my wife's niece. For propriety, she changed her Thai ID from Miss to Mrs. This is causing us big problems at banks, land registries, etc. Not the same person! Beware of this.

[chalawaan]

Apologies, content removed - posted in  wrong thread. 

[lopburi3]

26 minutes ago, unblocktheplanet said:

I disagree.

Disagree with what?

 

You can not legally marry here if already married in another country?

 

That Thai married to foreigners can not own land?

 

I said nothing about changing Thai name from Miss to Mrs.  

[ThaiLawOnline]

 

 

On 8/11/2022 at 1:53 PM, khunPer said:

 

 

There is so far no inheritance tax in Thailand...????

There is inheritance tax in Thailand since about 2017 applying on estate more than 100 million baht.

 

https://franklegaltax.com/inheritance-tax-in-thailand/

[scorecard]

On 8/10/2022 at 11:01 PM, Tropicalevo said:

First of all, well done on thinking ahead. Many do not.

 

I do not believe that the statement above is true.

When my wife died (without a will - we were in the process of writing one) I had to go to court to claim her possessions.

In law, all of her goods were to be shared between me, her parents and siblings. I had to obtain written statements from them all stating that they did not want anything.

Once I presented those documents in court, I was given possession.

Your parents (?) siblings and any children would have to do the same presumably.

Better to write a will in Thailand. Depending on where you live, English may be OK.

 

I am not a legal expert but that is what happened in my scenario.

But don't just assume 'everything would go to your wife.

If there's valid will to that point all fine. But if you die 'intestate' inThiland (no will) the Thai Commercial Code laws kick in and state specifically who (in the family) gets what.

 

Best to have a Thai valid will. Can be very simple, just ensure it's properly signed/valid.

[bignok]

Over 30yo write a will. They say 18yo but most dont worry until 40 or 50. 

[khunPer]

21 hours ago, ThaiLawOnline said:

 

 

There is inheritance tax in Thailand since about 2017 applying on estate more than 100 million baht.

 

https://franklegaltax.com/inheritance-tax-in-thailand/

Yes, I know, but it's 100 million baht and modest 5%, so not relevant for normal folks. That kind of wealthy people consult their lawyer rather than a forum.