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

[itsallmine68]

16 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?

 

Go to court with what documents and do what?

[pagallim]

1 minute ago, itsallmine68 said:

I know that you are correct

But we also have a Will naming her  the Benefactor of the 800,000 

 

For clarity, the disposal of all personal assets within a will can only be distributed/claimed by a Thai court appointed Estate Administrator.   Your will needs to name who you wish to be appointed as your EA, not only to whom your assets are to go to.

[itsallmine68]

16 hours ago, kickstart said:

As far as I know, they will be a lot of forms to fill out, first thing they will need will be the death certificate your passport,bank passbook, marriage certificate if you have one, that will make life a lot easier, and anything else .ie yellow registration book ID card, your wife /partner should be able to sort it all out.

When I asked at our locale bank, they said it will take 6 months, but that was some cashier at the bank, how reliably that information is I could not say.

Note: I have a will in the UK. they will need a death certificate as well, as far as I know only one is issued, no photocopies allowed, you can see the scenario who gets the death certificate.

You will need a THAI WILL

[prakhonchai nick]

4 hours ago, jerrymahoney said:

The bank will at some point receive an official time of death.

Not if nobody tells them.  Just drain the account leaving 100bt in. Not enough to pay for the annual ATM card, and as such the account will automatically be cancelled.

[pagallim]

1 minute ago, itsallmine68 said:

You will need a THAI WILL

 

Whilst useful to have one, an officially translated and registered home country will would suffice.

[terryq]

6 minutes ago, itsallmine68 said:

I know that you are correct

But we also have a Will naming her  the Benefactor of the 800,000 

So you have a will. How would the bank determine if it was your LAST will ?

 

 

[crazykopite]

16 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.

From experience I can tell you yes but only if it’s a joint account if it’s in your name only it’s very difficult one lawyer suggested that you give your partner the card number and tell them to withdraw all the funds asap this illegal otherwise it’s a long drawn out process that involves going to court to gain permission get a Thai will drawn up it may help and although I was the executor named in the will it still has to go to court the account was in the Bangkok Bank

[prakhonchai nick]

Not read the whole topic, but the OP enquired whether his PARTNER, could access the money. Simple answer NO, unless there was a Will naming her..  Upon death a partner is not entitled to any assets of the deceased, though she may be entitled to a monthly pension from an employer of the deceased A wife is however entitled in Thailand under the intestacy rules (if no Will) but at best she will only receive 50%

[Thingamabob]

16 hours ago, riclag said:

I dont know much about the legalities but

my wife who knows everything said upon my death she can get the funds!

I wont dispute it.

My wife likewise.

[newbee2022]

If she's the heiress...sure

[fceligoj]

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.

 

The woman had a lawyer assist her, cost 6,500 thb (negotiated down to 5,000 thb.)  This was a Thai couple, don't know if a lawyer with a farang involved costs more.

[1happykamper]

30 minutes ago, Moonlover said:

Followed by a knock on the door by the police!

I don't see why... If I give a friend my atm card... To get cash.. That's not illegal. 

[Drumbuie]

15 hours ago, Liverpool Lou said:

Yes, 'probate'/administration.

 

 

As in the UK and elsewhere. There would be even more fraud than there is now if this were not the case.

Death has to be finally and officially recognised before any wishes stated in a Will can be carried out and bequests paid out (or, as the legal term has it "executed" - hence the people who administer the Will, carry out the deceased's wishes and pay out the bequests are called "executors"). 

[PeachCH]

14 hours ago, Yellowtail said:

My wife has my password and can just transfer it out via the Krungsri app. 

Thats the easiest way and best solution! (unless a wife is not withdrawing the money before her husband is dead) 😁 

[Henryford]

If you had some notice of your death, ie on your death bed, just transfer the 800k.

[Liverpool Lou]

15 minutes ago, 1happykamper said:

48 minutes ago, Moonlover said:

Followed by a knock on the door by the police!

I don't see why... If I give a friend my atm card... To get cash.. That's not illegal. 

It is illegal if the withdrawals are made from the account after his death by a 3rd party without the bank being informed, which is what he was referring to.

[Liverpool Lou]

1 hour ago, connda said:

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

Doesn't have to involve the amphur office.

[Liverpool Lou]

1 hour ago, Yellowtail said:

1 hour ago, Liverpool Lou said:

If that 800k is for immigration purposes doesn't it have to remain in the account?  

 

What I said was: "If you're worried about the legality, you could always schedule a transfer of 800K each month and then cancel and reschedule each month."

 

How do you get from that that the 800K would not remain in the account while you're alive? 

If you're doing a monthly transfer out of the account the 800k is going to drop below 800k, isn't it?  If the transfer is being cancelled before it transacts, what is the point of doing that?

[Liverpool Lou]

1 hour ago, mancub said:

Probate is detailed under the Thai Constitutional Law and associated legalities.

As with almost everything here subject to individual interpretation and possible circumvention.

But "individual interpretation of the law" and its circumvention doesn't make those transgressions of the law legal, by definition.

[Liverpool Lou]

1 hour ago, Nonthaburi Boy said:

I believe that it would to some significant extent depend on the particular bank and branch.

It has nothing to do with the banks.  Banks do not have the authority to determine the legitimacy of a will, never mind be able to authorise administration/'probate' and then distribute an estate's assets to a third party.  That has to be decided by a court after the death of an account holder.

[Liverpool Lou]

1 hour ago, Nonthaburi Boy said:

our embassy/the local police will be happy to ignore our death (they probably will).

They most certainly do not.

[Mike Lister]

39 minutes 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.

 

The woman had a lawyer assist her, cost 6,500 thb (negotiated down to 5,000 thb.)  This was a Thai couple, don't know if a lawyer with a farang involved costs more.

The going rate for Thai lawyer to process a will through probate court, for a foreigner, is around 30k baht currently, on northern Thailand.

[David in the north]

I made a will here in Thailand with bank account numbers leaving all to her +

KBank has noted she is the beneficiary. Hopefully this will facilitate matters...

 

[Liverpool Lou]

1 hour ago, itsallmine68 said:

17 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?

 

I know that you are correct

But we also have a Will naming her  the Benefactor of the 800,000 

The existence of a will does not negate the need for 'probate'/administration before assets are distributed legally.

 

"...naming her the Benefactor..."

Your wife would not be the "benefactor" (unless you're referring to her assets going to you after her death), she would be the beneficiary.

[Mike Lister]

1 hour ago, terryq said:

So you have a will. How would the bank determine if it was your LAST will ?

 

 

Probate court determines. The validity of the will to see if newer versions may exist and allow. An opportunity for them to be presented.

[Liverpool Lou]

1 hour ago, itsallmine68 said:

17 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?

 

Go to court with what documents and do what?

A death certificate and a will or evidence of the deceased being intestate would be a good start, then the process of the court's appointing an administrator of the estate could begin.

[1happykamper]

31 minutes ago, Liverpool Lou said:

It is illegal if the withdrawals are made from the account after his death by a 3rd party without the bank being informed, which is what he was referring to.

Well this is good to know... This was my plan. Oops 

[Denim]

The more I read the more I am attracted to one of these :

 

Just keep a small float of around 20,000 in the bank for the convenience of the ATM card then keep the rest of my cash in a safe at home , suitably hidden and bolted down out of sight.

 

Then two possible options. When extension time comes put the money in the bank for the required 2 months and send a memo to God not to require your soul for this period. After extension , money back in safe.  This is a bit like Russian roulette though.

 

Alternatively , just do visa runs every 90 days and keep your money in the safe until time to get new visa from Savannakhet. Put money in bank before you go for visa then return to safe afterwards. Risk period reduced to 7 days or so.

 

When you die , easy peasy for the wife and no lengthy or expensive legal fees. 

 

Not going to cry about any lost bank interest which wouldn't buy a bag of noodles.

 

 

 

Edited January 20 by Denim
spelling

[Liverpool Lou]

1 hour ago, prakhonchai nick said:

6 hours ago, jerrymahoney said:

The bank will at some point receive an official time of death.

Not if nobody tells them.  Just drain the account leaving 100bt in. Not enough to pay for the annual ATM card, and as such the account will automatically be cancelled.

It depends on whether those left behind want the process to be legal or not and, if they don't care, they should know that there could be consequences. 

[Liverpool Lou]

1 hour ago, prakhonchai nick said:

Not read the whole topic, but the OP enquired whether his PARTNER, could access the money. Simple answer NO, unless there was a Will naming her..

...and unless an administrator has been appointed/authorised.