Special Feature: What happens when a foreigner dies in Thailand???

[VBF]

2 hours ago, IvorBiggun2 said:

No need. My wife just carries on with the joint account as if I'm still here. She's been doing my/our annual money transfer with her Debit Card for a few years now.

I could have died 10 years ago but they still don't refuse payment cuz my wife does the annual transfer. Same applies in Thailand. Joint bank accounts and she makes the withdrawals. No need for wills etc. Just joint bank accounts if you have a stable relationship. 

Technically speaking, if you died and she continued to do that, she would be committing an offence under UK law whether it's a joint account or not.

Now it's none of my business and I'm not trying to lecture you or be "holier than thou".

BUT, if she got found out she could be prosecuted in the UK (I think it's classed as fraud) and told to pay the money back. The DWP could lock the bank account down. Of course if she never goes to the UK and the bank account was empty, there's little they could do ???? 

 

Having said that, a late friend who lived in Thailand for 30 years was sent a questionnaire by the DWP when he was in in his late seventies. The questionnaire basically seemed to be asking him to confirm he was still living at the address they had for him. I have no idea why, or how many pensioners get such a letter, just mentioning it in the light of what you said.

[jacko45k]

11 hours ago, IvorBiggun2 said:

In the event of my death there really is no need to inform the bank as my wife can carry on making withdrawal's. She has her own Debit Card. She can make withdrawal's with that in Thailand or she can transfer via 'Wise' 

I recall I informed the embassy of a friends death and they seemed to go and cancel pensions etc...I thought bank accounts might also  get frozen until probate is resolved. 

[scorecard]

3 hours ago, jacko45k said:

I recall I informed the embassy of a friends death and they seemed to go and cancel pensions etc...I thought bank accounts might also  get frozen until probate is resolved. 

If you're referring to a deceased Australian, then the Australian embassy (anywhere) is required by Oz law/strict embassy operating procedures to immediately inform Centrelink (regardless of whether there's any indication of whwether the deceased is or is not in receipt of any pension/benefit. Centrelink in Oz instantly cancel any/all benefits and block any upcoming payment. And if there's been any overpayment they (Centrelink) will eventually try to recover it. 

 

I'm aware of the above because of my recent personal project to ensure my own 'departure' arrangements are up to date / folllow any/all appropriate rules etc.

 

I asked whether the Oz embassy will help to distribute any funds to the people named in a will. I got an instant (polite) response from the Consular senior lady  (which I expected) 'OH NO', NEVER, we do look at wills (if we've come across a copy) to try to establish who should / should not be informed of the death back in Australia, but for that reason only.

 

She continued 'we have been asked many times 'how should I handle the bank accounts of my departed husband/ wife / father, etc?'  The embassy response is 'we cannot comment on subjects like this at all and we don't offer any form of advice whatever on these subjects and we don't contact anybody re these subjects, it's totally NOT the business of the embassy or of Australia'. 

[AddyA]

On 8/20/2022 at 10:17 AM, scorecard said:

"I don't have any children and I would not necessarily want my next of kin making any arrangements." 

 

So make a simple will, you can easily find simple templates on the WWW for guidance about the overll format. in your case perhaps the content you include could be;

1). Distribution of your assets.

2). your wishes re your funeral/cremation etc.

3). Who should be informed of your passing in your home country (and in Thailand), and include as much current detail you can about address, telephone no, e.mail address of family abroad.

BUT REMEBERING THAT THE CONTENT OF YOUR WILL IS TOTALLY UP TO YOU AND NOT ACCORDING TO THE SUGGESTED SUBJECTS THAT YOU MIGHT FIND ON A BASIC WILL TEMPLATE.

 

None of the above is complicated, doesn't really take much time to complete and it's doesn't need lawyer English.

 

It can be prepared as a Word document or it can be hand written.

 

Just ensure it's properly signed, witnessed and dated, and the executor is named in the will, and ensure the executor/family etc., have a copy of the will. 

 

NOTE: Some will try to tell you the will must be prepared by a lawyer - NOT TRUE.

and some will try to tell you the will must be registered (E.G. at the local amphur office) - AGAIN NOT REQUIRED AT ALL. 

Great advice, Scorecard.
 

Unless you have a very complex estate, there's no need to complicate anything.
 

I've already prepared my document, which also includes an advanced decision. It sits on my music stand, so it's impossible to miss. It tells authorities/hospitals how to proceed if I have a terrible accident or severe illness like a stroke or heart attack. I think this is important if you're unable to communicate. It takes the stress and upset away from someone else having to make critical decisions on your behalf.
 

I initially included the distribution of assets. However, a lawyer told me that there is no guarantee such a wish will be carried out. It's much easier to hand everything over to a named individual and let them sort stuff out... he said. Well, I'm not married and don't have any kids (that I know of). So I don't care what happens to my stuff when I'm gone. People can walk in and take whatever they want, as far as I'm concerned. That said, it would be nice to think it went to poorer folks who'd appreciate the items than a bunch greedy vultures.
 

Your post reminds me that I must get the document updated, countersigned, and witnessed.  

[scorecard]

1 hour ago, AddyA said:

Great advice, Scorecard.
 

Unless you have a very complex estate, there's no need to complicate anything.
 

I've already prepared my document, which also includes an advanced decision. It sits on my music stand, so it's impossible to miss. It tells authorities/hospitals how to proceed if I have a terrible accident or severe illness like a stroke or heart attack. I think this is important if you're unable to communicate. It takes the stress and upset away from someone else having to make critical decisions on your behalf.
 

I initially included the distribution of assets. However, a lawyer told me that there is no guarantee such a wish will be carried out. It's much easier to hand everything over to a named individual and let them sort stuff out... he said. Well, I'm not married and don't have any kids (that I know of). So I don't care what happens to my stuff when I'm gone. People can walk in and take whatever they want, as far as I'm concerned. That said, it would be nice to think it went to poorer folks who'd appreciate the items than a bunch greedy vultures.
 

Your post reminds me that I must get the document updated, countersigned, and witnessed.  

And (as you have mentioned yourself) there should be a stated executor who has agreed to supervise the execution of your wishes in your will. The executor DOESN'T have to be a lawyer or a person of any specific profession, probably better to be a long-term trusted intelligent friend.

 

And yes your 'will' must be properly signed and witnessed to be a valid document. The will should be written in clear words/construction, in specific points and written so there's no chance that your desires could be ambiguous or misinterpreted. Should avoid slang words/phrases. The nominated/agreed executor should have a fully signed/witnessed copy.

 

An example of what won't work: There's a farang in Pattaya, about 80 yo, lives on severe heart medictions (many years), owns several expensive properties and vehicles, and very large bank deposits in 3 countries. He's highly qualified, has started/operated several very successful companies in all 3 countries accumulating very large funds, and he's knowledgebale and well experienced in terms of how to proceed with many aspects of life, including such matters, in a logical/legal way.

 

His friends ask him regularly "Have you written your will?" His response, with laughter "don't worry":

 

- "It's a work in progress" (which it isn't).

 

- "It's not important, because everybody knows who I like" (a throw way line trying to very vaguely suggest who should be given his assets). "You guys can tell the police who to give things too".

 

The paragraph just above cannot possibly be valid in any way and is a recipe for total chaos and corruption. In reality it's not up to the police to decide/give such assets to anybody - just not their role or responsibility, not at all.

 

Perhaps even worse, both his parents (now very old) live in one of his expensive houses in xxxxxxx, they personally have no property or funds. It would be logical to name them in a will in xxxxxxx to bequeath ownership of the house where they live and bequeath the funds he holds in banks in xxxxxxxx. But he won't listen at all to to any advice friends try to carefully give him.  

[IvorBiggun2]

Joint bank accounts is the way to go if it's only monies and only the two of you. I can't understand the need for lawyers etc. I have 3 biological children here with my wife. Any monies I want them to have after my passing can be sorted by the wife. Some people seem to be making mountains out of molehills employing lawyers.

[scorecard]

47 minutes ago, scorecard said:

And (as you have mentioned yourself) there should be a stated executor who has agreed to supervise the execution of your wishes in your will. The executor DOESN'T have to be a lawyer or a person of any specific profession, probably better to be a long-term trusted intelligent friend.

 

And yes your 'will' must be properly signed and witnessed to be a valid document. The will should be written in clear words/construction, in specific points and written so there's no chance that your desires could be ambiguous or misinterpreted. Should avoid slang words/phrases. The nominated/agreed executor should have a fully signed/witnessed copy.

 

An example of what won't work: There's a farang in Pattaya, about 80 yo, lives on severe heart medictions (many years), owns several expensive properties and vehicles, and very large bank deposits in 3 countries. He's highly qualified, has started/operated several very successful companies in all 3 countries accumulating very large funds, and he's knowledgebale and well experienced in terms of how to proceed with many aspects of life, including such matters, in a logical/legal way.

 

His friends ask him regularly "Have you written your will?" His response, with laughter "don't worry":

 

- "It's a work in progress" (which it isn't).

 

- "It's not important, because everybody knows who I like" (a throw way line trying to very vaguely suggest who should be given his assets). "You guys can tell the police who to give things too".

 

The paragraph just above cannot possibly be valid in any way and is a recipe for total chaos and corruption. In reality it's not up to the police to decide/give such assets to anybody - just not their role or responsibility, not at all.

 

Perhaps even worse, both his parents (now very old) live in one of his expensive houses in xxxxxxx, they personally have no property or funds. It would be logical to name them in a will in xxxxxxx to bequeath ownership of the house where they live and bequeath the funds he holds in banks in xxxxxxxx. But he won't listen at all to to any advice friends try to carefully give him.  

A bit more:

 

An example of what won't work: There's a farang in Pattaya, about 80 yo, lives on severe heart medictions (many years), owns several expensive properties and vehicles, and very large bank deposits in 3 countries. He's highly qualified, has started/operated several very successful companies in all 3 countries accumulating very large funds, and he's knowledgebale and well experienced in terms of how to proceed with many aspects of life, including such matters, in a logical/legal way.

 

His friends ask him regularly "Have you written your will?" His response, with laughter "don't worry":

 

- "It's a work in progress" (which it isn't).

 

- "It's not important, because everybody knows who I like" (a throw way line trying to very vaguely suggest who should be given his assets). "You guys can tell the police who to give things too".

 

The paragraph just above cannot possibly be valid in any way and is a recipe for total chaos and corruption. In reality it's not up to the police to decide/give such assets to anybody - just not their role or responsibility, not at all.

 

Also given the whole senario quite possibly a golden opportunity for 1 or 2 corrupt cops to get their sticky fingers into property and cash. 

 

(Further, he has 4 large expensive properties in and around Pattaya, he lives in one, the other three are unoccupied but are kept in very good repair.

 

For around 25 years a Thai lady, her Thai  husband and their adult son have been taking care of him, never even any suspicion of theft or anything similar). They live outside in poverty:

- The Thai lady cleans the house he occupies, washes and irons his clothes and cooks for him, all well done.

- The husband is the farangs driver and responsible to maintain his 2 cars and his big mo-cy.  All done well.

- The adult son is resposnible to maintain the gardens/lawns at all 4 houses and does any small maintenance needed on any of the houses.

 

When discussion comes up about his will (it comes up often)  friends have suggested to him, "Why not make a simple will to give the house to the Thai family along with a couple of million Baht as an extra thank you for all their kindness?' His response "Well they can tell the police they would like to have this house." Obviously a stupid, and stubborn comment. 

 

Perhaps even worse, both his parents (now very old) live in one of his expensive houses in xxxxxxx, they personally have no property or funds. It would be logical to name them in a will in xxxxxxx to bequeath ownership of the house where they live and bequeath the funds he holds in banks in xxxxxxxx. But he won't listen at all to to any advice friends try to carefully give him.  

[scorecard]

41 minutes ago, scorecard said:

A bit more:

 

An example of what won't work: There's a farang in Pattaya, about 80 yo, lives on severe heart medictions (many years), owns several expensive properties and vehicles, and very large bank deposits in 3 countries. He's highly qualified, has started/operated several very successful companies in all 3 countries accumulating very large funds, and he's knowledgebale and well experienced in terms of how to proceed with many aspects of life, including such matters, in a logical/legal way.

 

His friends ask him regularly "Have you written your will?" His response, with laughter "don't worry":

 

- "It's a work in progress" (which it isn't).

 

- "It's not important, because everybody knows who I like" (a throw way line trying to very vaguely suggest who should be given his assets). "You guys can tell the police who to give things too".

 

The paragraph just above cannot possibly be valid in any way and is a recipe for total chaos and corruption. In reality it's not up to the police to decide/give such assets to anybody - just not their role or responsibility, not at all.

 

Also given the whole senario quite possibly a golden opportunity for 1 or 2 corrupt cops to get their sticky fingers into property and cash. 

 

(Further, he has 4 large expensive properties in and around Pattaya, he lives in one, the other three are unoccupied but are kept in very good repair.

 

For around 25 years a Thai lady, her Thai  husband and their adult son have been taking care of him, never even any suspicion of theft or anything similar). They live outside in poverty:

- The Thai lady cleans the house he occupies, washes and irons his clothes and cooks for him, all well done.

- The husband is the farangs driver and responsible to maintain his 2 cars and his big mo-cy.  All done well.

- The adult son is resposnible to maintain the gardens/lawns at all 4 houses and does any small maintenance needed on any of the houses.

 

When discussion comes up about his will (it comes up often)  friends have suggested to him, "Why not make a simple will to give the house to the Thai family along with a couple of million Baht as an extra thank you for all their kindness?' His response "Well they can tell the police they would like to have this house." Obviously a stupid, and stubborn comment. 

 

Perhaps even worse, both his parents (now very old) live in one of his expensive houses in xxxxxxx, they personally have no property or funds. It would be logical to name them in a will in xxxxxxx to bequeath ownership of the house where they live and bequeath the funds he holds in banks in xxxxxxxx. But he won't listen at all to to any advice friends try to carefully give him.  

Key points I missed above; the farang concerned has no wife or gf and no kids. Seems to me this would be a positive point for any bent cops who are keen to get their fingers into the whole situation; no wife, no kids to complicate who gets what. 

[drgoon]

On 8/17/2022 at 9:20 PM, Thingamabob said:

Yes, why indeed ? Tell us precisely what is 'disgusting'. 

 

 

 

 

You are the one who said it was disgusting so how about you tell us 'precisely' what is disgusting.

 

dcik head

[drgoon]

On 8/17/2022 at 2:01 PM, sawadee1947 said:

I can't see why it is disgusting. It's just a precise description how it works here. ????

He's a typical bitter old ThaiVisa troll like his mate Thingamabob.

Nothing constructive to contribute 

[d4dang]

On 8/16/2022 at 10:11 PM, Wuvu2 said:

So what happens if you die here without any family or friends? Lets say my condo staff follows the smell and finds me bloated on the sofa, surrounded by Indian Viagra knockoffs and empty bottles of jack Daniels. What then?

leave a full bottle for the cleaners and they will honour you and may attend your cremation at a nearby temple or the government will do the honours

[JimTripper]

On 8/21/2022 at 7:22 AM, VBF said:

Technically speaking, if you died and she continued to do that, she would be committing an offence under UK law whether it's a joint account or not.

Now it's none of my business and I'm not trying to lecture you or be "holier than thou".

BUT, if she got found out she could be prosecuted in the UK (I think it's classed as fraud) and told to pay the money back. The DWP could lock the bank account down. Of course if she never goes to the UK and the bank account was empty, there's little they could do ???? 

 

Having said that, a late friend who lived in Thailand for 30 years was sent a questionnaire by the DWP when he was in in his late seventies. The questionnaire basically seemed to be asking him to confirm he was still living at the address they had for him. I have no idea why, or how many pensioners get such a letter, just mentioning it in the light of what you said.

I don't think "bank runs" are allowed anywhere.

 

Otherwise there would be a 'bank run' after anyone passes. Maybe even people waiting right there to transfer funds or at the ATM and the inheritance system would not work.

 

In the USA if you withdraw the court can see it when it goes to probate after a death is recorded by the County. The investigators ID the deceased at the time of death, it's registered with the Court system and the court freezes all the financial accounts by social security number and requisitions all the financial records which are reviewed during probate and disbursed to amily members accordingly either with or without a will.

 

The judge will ask about any withdrawls after the approximate time of death given by the coroner and you will need to answer.

[bradiston]

On 8/20/2022 at 11:11 AM, IvorBiggun2 said:

Wrong. After cremation, the remaining gold is essentially indistinguishable from the ashes to such a point it cannot be found.

Except with a metal detector maybe