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800.000 Baht account after I die - can the partner access the account


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Recently made a Thai Will with a reputable law firm in Pattaya. In both English and Thai. 3 copies...one retained by the firm and the other 2 for us. It specifically states that my Thai bank account, SUV, electronic devices and optics + all other assets are to go to my gf, including any purchased henceforth. She is to contact our lawyer ASAP, after the pertinent local authorities, and they will assist with the process of executing the Will (probably for an additional fee, but that's OK, as she'll need the help). It cost B10,000 and well worth it for piece of mind knowing she has the proper legal documentation and assistance. Have seen others firms as low as B7500, but was impressed with the professionalism of this firm. Had previously downloaded a DIY Thai/English will and had it all done with 2 witnesses about 2 years ago, but decided that may run into legal entanglements. 

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1 hour ago, fceligoj said:

A friend of my wife just went through this same issue.  It had to be settle in the court.  she could withdraw funds without the court's approval.

That anecdotal story of the "friend of your wife" who may have done it doesn't make it legal if there was no process of administration.    Who gave her the authority to draw on the deceased account?   Banks cannot decide, unilaterally, who gets the assets of a deceased customer, regardless of whether a will is produced.

Edited by Liverpool Lou
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    My spouse and I have several bank accounts that are in our individual names but we can each access the funds in the other's account should one of us die or be incapacitated.  The banks have our signatures on file for these accounts.

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18 hours ago, MickTurator said:

This is a subject of great interest to me.

 

I asked at the bank (ayudhya) last week and they said my wife would not be able to access the 800k baht.

A death certificate would not be enough and the matter would have to go to court.

Maybe the bank is talking rubbish so does anyone have an answer and know what form the OP has mentioned?

 

That is exactly what they told me and that was in an email, Take the Death Cert. to your nearest Family Court in then it goes for arbitration, can take up to 3months , the court then issues a letter, which you take to the bank, I presume with PP and Bank book.

You can also make a will at your local Amphur, as an extra safety precaution,  and I think that is less than 100b. My wife also pays into a local village fund that will cover Cremation costs, which she pays back after. The fund requires 3 signatures to withdraw money. 

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1 hour ago, Skeptic7 said:

Recently made a Thai Will with a reputable law firm in Pattaya. In both English and Thai. 3 copies...one retained by the firm and the other 2 for us. It specifically states that my Thai bank account, SUV, electronic devices and optics + all other assets are to go to my gf, including any purchased henceforth. She is to contact our lawyer ASAP, after the pertinent local authorities, and they will assist with the process of executing the Will (probably for an additional fee, but that's OK, as she'll need the help). It cost B10,000 and well worth it for piece of mind knowing she has the proper legal documentation and assistance. Have seen others firms as low as B7500, but was impressed with the professionalism of this firm. Had previously downloaded a DIY Thai/English will and had it all done with 2 witnesses about 2 years ago, but decided that may run into legal entanglements. 

Arbitration is still needed at a family court TTBOMK and according to my bank.

A will made at an Amphur is  very cheap and just as legal as paying some lawyer 10K.

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Honestly has NOBODY ever heard of a Will? 

19 hours ago, hkt83100 said:

A long time ago I read about this problem, but I lost the text due to a disk crash. Someone mentioned the name of the form to fill out at the bank. It was not power of attorney. The problem is the account has to be in a single name, but how can a partner get the money from the account? I remember there was a English and a Thai term for it...

Thanks for any hint in the right direction.

I don't understand, isn't it very common for assets of the deceased to be distributed via a will or trust? 

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35 minutes ago, newnative said:

    My spouse and I have several bank accounts that are in our individual names but we can each access the funds in the other's account should one of us die or be incapacitated.  The banks have our signatures on file for these accounts.

You can but not legally.

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1 minute ago, Furioso said:

Honestly has NOBODY ever heard of a Will? 

I don't understand, isn't it very common for assets of the deceased to be distributed via a will or trust? 

A Thai will must be executed via probate court, there are some informal local workarounds, in some cases but the law requires probate, amphur will or not.

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2 hours ago, Liverpool Lou said:
3 hours ago, connda said:

That simple will can be completed at your local Amphur office.

 

2 hours ago, Liverpool Lou said:

Doesn't have to involve the amphur office.

There are a couple of advantages to using the Amphur office. The format is known and recognized by the banks. (most Thais use this method) A copy of the will can be kept on file at the Amphur so the wife will always know where to find a copy if necessary.

 

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32 minutes ago, newbee2022 said:
1 hour ago, Liverpool Lou said:

What is "sure"?

Sure is, she can get the money and everything what is left....according to his will.

Legally, only after administration/'probate' has been granted, will or no will, can she get "everything what is left" [sic].

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1 hour ago, EVENKEEL said:
1 hour ago, Liverpool Lou said:

It's also the illegal way.

I exceeded the legal speed limit on MW 7 today by 20+ Kph. What should I do?

"What should I do?".

Don't post about it in this thread, probably.  There's a big difference between your facetious speeding comment and fraud/theft of assets from estates.  Sorry if you don't approve of accurate answers but that's your problem.

Edited by Liverpool Lou
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10 minutes ago, Moonlover said:

 

There are a couple of advantages to using the Amphur office. The format is known and recognized by the banks. (most Thais use this method) A copy of the will can be kept on file at the Amphur so the wife will always know where to find a copy if necessary.

 

There have been reports of amphurs refusing fo hold safe custody of foreigners wills, just as there have been instances where amphurs will not issue yellow tabien bahns to foreigners, mine for example.

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1 hour ago, Skeptic7 said:

Recently made a Thai Will with a reputable law firm in Pattaya. In both English and Thai. 3 copies...one retained by the firm and the other 2 for us. It specifically states that my Thai bank account, SUV, electronic devices and optics + all other assets are to go to my gf, including any purchased henceforth. She is to contact our lawyer ASAP, after the pertinent local authorities, and they will assist with the process of executing the Will (probably for an additional fee, but that's OK, as she'll need the help). It cost B10,000 and well worth it for piece of mind knowing she has the proper legal documentation and assistance. Have seen others firms as low as B7500, but was impressed with the professionalism of this firm. Had previously downloaded a DIY Thai/English will and had it all done with 2 witnesses about 2 years ago, but decided that may run into legal entanglements. 

what is the name/address of the firm?

thank you

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1 minute ago, Mike Lister said:

There have been reports of amphurs refusing fo hold safe custody of foreigners wills, just as there have been instances where amphurs will not issue yellow tabien bahns to foreigners, mine for example.

That's Thailand for you Mike. The land of inconsistencies! 

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6 minutes ago, Liverpool Lou said:

"What should I do?".

Don't post about it in this thread, probably.  There's a big difference between your facetious speeding comment and fraud/theft of assets from estates.  Sorry if you don't approve of accurate answers but that's your problem.

I approve of simple answers. In my case I have my kid and her mom. That's it, here. They get the leftovers. Real simple.

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12 minutes ago, EVENKEEL said:

Cmon I was being a wise ass. Point being, just let the kids or old lady have bank pins and simply transfer money out. All I hear here is, it's not legal.

Are you still trying to be a wise ass? give my pin to my missus is never going to happen, unless I'm too disabled to use a ATM.

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14 minutes ago, EVENKEEL said:

Cmon I was being a wise ass. Point being, just let the kids or old lady have bank pins and simply transfer money out. All I hear here is, it's not legal.

Don't mean to be a prude but if it's not legal, please leave it unsaid.

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2 hours ago, Liverpool Lou said:

Very helpful of them to assist with fraud after your death.  I bet that they wouldn't put that in writing.

Probably not, but then again, they probably wouldn't instigate a case for fraud either, given the scenario !:smile:

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56 minutes ago, Mike Lister said:

You can but not legally.

     I don't mean to be facetious but why is this illegal?  The bank seems to have a whole process in place for this and it didn't seem like they were doing anythng special or unusual for us to have access to the other's account.  We also have a joint savings account with SCB that has both of our names on the account's bank book, my Thai partner's in Thai and mine in English.  With that account we actually have 3 bank books, the one I just mentioned and one each with only our individual names.  Although I said 'spouse' in my first post we are a gay couple and only legally married in the US, if that makes any difference. 

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