What happens if,or when, I die in Thailand?

[JohnOFphon]

I remember reading something about this a while back, but search didn't help.

I have some heart issues that might, or could be, fatal. 

I have bank accounts in bkk bank and one in Kbank. One account in bkk bank is for immigration purpose, no ATM card. 

I don't own anything here and the bank accounts are all in my name only. Balance around 2 million.

I have a live in girlfriend that has been with me for over a year. I trust her....famous last words I know..haha

Anyway, I have shown her all she needs to know on how to move my money online. I mean from my accounts to hers,,,,if I die.

The rental agent here knows of my visits to the hospital this month, and I told her why I was going.

Now, she has told my girlfriend that if I die, she can not transfer money out of my accounts...legally.

Told her the police would arrest her and make her return the money to the bank....I say BS...but????

I don't have a will here, but I think we will see if we can remedy that. 

 

Anyone have knowledge or experience that would be useful?

Thank you.

[gargamon]

Make a will here. Make your gf the executor. Make your gf the only beneficiary. Problem solved.

 

Make sure you trust the gf! 

[CharlieH]

Correct, legally, she cannot touch any of your funds when you die.

 

Get a Will done and ensure it is done correctly by a legal professional.

[Roo Island]

My wife had power of attorney for my mother's bank account. Even with that, it was difficult to get the money out after she died, which she obviously didn't tell them that she had! Luckily, she withdrew all the money.

 

Wills are very difficult here. I'd contact your embassy and find out what she has to do in case....

 

The US embassy was SUPER helpful. Absolutely fantastic during such a difficult time.

 

Also, start researching where you want to be burned. There is a huge difference in price!

[JimTripper]

You could make it a joint bank account and put both your names on the account (assuming they do that in Thailand). Then she can transfer funds at any time. If you don't trust her now why leave her the money? 🤷🏻‍♂️

Edited February 27 by JimTripper

[Roo Island]

1 minute ago, CharlieH said:

Correct, legally, she cannot touch any of your funds when you die.

 

Get a Will done and ensure it is done correctly by a legal professional.

My friend passed with no will. 3 years later they are still working with lawyers to sort things out. Ugh.

[Roo Island]

Just now, JimTripper said:

You could make it a joint bank account and put both your names on the account. Then she can transfer funds at any time. If you don't trust her now why leave her the money? 🤷🏻‍♂️

Can't do that with your retirement visa account

[Rumpelstilskin]

7000 baht will buys you peace of mind. Magna Carta legal in pattaya recommended.

[1FinickyOne]

Not B.S. - write a Will.... 

[Lacessit]

As other posters have said, make a will.

 

I have a joint account with my GF, she can use that to support herself while probate is being settled. It's got enough for a couple of years.

 

If she's reasonably smart, she will have enough to live on for the rest of her life. If she is not, it is not my problem.

 

 

[bubblegum]

You can make her co-signature of the bank accounts. This is not a joint account but gives her the right to move money. Visit your bank for details because I do not know if every bank has this.

[freeworld]

UK guidance

https://www.gov.uk/guidance/what-to-do-after-a-british-person-dies-in-thailand

 

USA guidance

https://th.usembassy.gov/u-s-citizen-services/death-of-a-u-s-citizen/

 

https://www.siam-legal.com/legal_services/probate-and-succession-thailand.php

 

https://isaanlawyers.com/death-of-foreigner-in-thailand/

 

 

 

 

 

Edited February 27 by freeworld

[JimGant]

This subject arises regularly on this forum. You've got the 'holier than thou' types who swear your bank accounts must go through probate, and absolutely cannot be touched outside of this process. BS. If you have a single beneficiary (usually a wife, but a GF will do), who's also your executor in your Will -- and you have no outstanding bills nor anyone likely to contest your beneficiary -- set up a plan to transfer your money to beneficiary upon death. And, yes, online transfers will work just fine, tho' she might be restricted to 500k per day. Also, make her a co-signatory on your accounts, which allows her to take your passbook to the bank and withdraw (nice backup, should online method somehow break). As a co-signatory, her name only appears under UV light, thus it is not, and does not, appear as a joint account, which Immigration wouldn't normally allow. (If you break up, cancel the co-signatory account and go back to a single.)

 

Banks have no legal obligation to freeze accounts -- if they have not been notified of your death. And, there is no one obligated to tell the bank of your death. So, have the GF briefed on how to remove your money. With no aggrieved party, no one is going to make an issue of it.

 

But do make a Will. You can find templates for doing it yourself, and if hand written, witnesses aren't even required (although recommended, complete with Thai ID numbers). Thus, should your GF hit a speed bump, and she knows where your Will is, then the burdensome probate process can take place. If that happens, then your Will can be, and will need to be, translated into Thai. But, doubtful it will ever get to this stage.

 

Heck, even our bank manager, with a wink and a nod, advised us to use this method (of course, not all bank managers are so pragmatic).

[mania]

37 minutes ago, JimTripper said:

You could make it a joint bank account and put both your names on the account (assuming they do that in Thailand). Then she can transfer funds at any time. If you don't trust her now why leave her the money? 🤷🏻‍♂️

He can't make his account that he uses for his Visa a joint account.

But he did say he has two accounts so he could add her to the other non Visa one

 

Also some banks like BKB do have the form to add a beneficiary name to your account in case of death

[zhounan]

Whatever happens, whenever happens don't forget to share us some bucks.

[freeworld]

7 minutes ago, bubblegum said:

You can make her co-signature of the bank accounts. This is not a joint account but gives her the right to move money. Visit your bank for details because I do not know if every bank has this.

That does not give permission for the co-signor to use the account after the death of accountholder.

[himmel]

33 minutes ago, freeworld said:

That does not give permission for the co-signor to use the account after the death of accountholder.

Here we go again, yes she can!! no she cant!!  bs!! yes she can, no she cant, bs.

[WhatMeWorry]

I would never allow myself to die willingly in Thailand. If I knew I was near death, I would get on a plane as soon as possible and return to my home country.

[JimTripper]

12 minutes ago, WhatMeWorry said:

I would never allow myself to die willingly in Thailand. If I knew I was near death, I would get on a plane as soon as possible and return to my home country.

I want to die on home soil also. I mean, who wants to rest forever somewhere where they are just a guest? 🤣

[freeworld]

50 minutes ago, himmel said:

Here we go again, yes she can!! no she cant!!  bs!! yes she can, no she cant, bs.

Have done it and asked the bkk bank head office employees. They explained and made it quite clear.

 

Also the co signor is only authorised to withdraw funds, cannot close the account.

Edited February 27 by freeworld

[Sandboxer]

11 minutes ago, JimTripper said:

I want to die on home soil also. I mean, who wants to rest forever somewhere where they are just a guest? 🤣

 

It's the ultimate fine-less overstay!

[proton]

2 hours ago, Roo Island said:

Can't do that with your retirement visa account

 

You can get joint signatories on a saving account and its not joint. My wife can go into krungsri and take money out of my account, some of the money in there is hers anyway. She could do it when I'm gone the bank wont know

[couchpotato]

23 minutes ago, JimTripper said:

I want to die on home soil also. I mean, who wants to rest forever somewhere where they are just a guest? 🤣

Unless you believe in some life after death bs, then why does it matter where you are buried/cremated.

[Mike Lister]

1 hour ago, JimGant said:

This subject arises regularly on this forum. You've got the 'holier than thou' types who swear your bank accounts must go through probate, and absolutely cannot be touched outside of this process. BS. If you have a single beneficiary (usually a wife, but a GF will do), who's also your executor in your Will -- and you have no outstanding bills nor anyone likely to contest your beneficiary -- set up a plan to transfer your money to beneficiary upon death. And, yes, online transfers will work just fine, tho' she might be restricted to 500k per day. Also, make her a co-signatory on your accounts, which allows her to take your passbook to the bank and withdraw (nice backup, should online method somehow break). As a co-signatory, her name only appears under UV light, thus it is not, and does not, appear as a joint account, which Immigration wouldn't normally allow. (If you break up, cancel the co-signatory account and go back to a single.)

 

Banks have no legal obligation to freeze accounts -- if they have not been notified of your death. And, there is no one obligated to tell the bank of your death. So, have the GF briefed on how to remove your money. With no aggrieved party, no one is going to make an issue of it.

 

But do make a Will. You can find templates for doing it yourself, and if hand written, witnesses aren't even required (although recommended, complete with Thai ID numbers). Thus, should your GF hit a speed bump, and she knows where your Will is, then the burdensome probate process can take place. If that happens, then your Will can be, and will need to be, translated into Thai. But, doubtful it will ever get to this stage.

 

Heck, even our bank manager, with a wink and a nod, advised us to use this method (of course, not all bank managers are so pragmatic).

Holier here...:)

 

"You've got the 'holier than thou' types who swear your bank accounts must go through probate, and absolutely cannot be touched outside of this process. BS".

 

It's not that bank account MUST go through probate, it's just that's what the law says. 

 

Of course, if there's pragmatic way around that and all parties are happy, why not. It's the same with filing a tax return when no tax is due, why even bother. And then there's all those other silly laws that exist, goodness me, there's so many of them and they can be such an inconvenience at times, speeding, running a red light, driving whilst just a teeny weeny bit over the limit and so on. I feel certain there must be people out there who say I don't need to follow those either. So again, if all parties are happy, why not!

 

Caution: this post may contain satire.

 

 

 

 

[xylophone]

3 hours ago, JohnOFphon said:

I remember reading something about this a while back, but search didn't help.

I have some heart issues that might, or could be, fatal. 

I have bank accounts in bkk bank and one in Kbank. One account in bkk bank is for immigration purpose, no ATM card. 

I don't own anything here and the bank accounts are all in my name only. Balance around 2 million.

I have a live in girlfriend that has been with me for over a year. I trust her....famous last words I know..haha

Anyway, I have shown her all she needs to know on how to move my money online. I mean from my accounts to hers,,,,if I die.

The rental agent here knows of my visits to the hospital this month, and I told her why I was going.

Now, she has told my girlfriend that if I die, she can not transfer money out of my accounts...legally.

Told her the police would arrest her and make her return the money to the bank....I say BS...but????

I don't have a will here, but I think we will see if we can remedy that. 

 

Anyone have knowledge or experience that would be useful?

Thank you.

I have sent you a PM.

[JimGant]

51 minutes ago, Mike Lister said:

It's not that bank account MUST go through probate, it's just that's what the law says. 

 

Show me that law. Here's what a quick Google finds:

 

Quote

In Thailand, there exists a process similar to probate, but usually referred to as estate administration.....it should be noted that the process of appointing an estate administrator is not required if there is no impediment to acquiring the estate of the decedent. For example, if a bank allows an heir to withdraw a small amount of money deposited in the decedent's bank account, it is likely that a court order appointing an estate administrator will not be needed.

 

....some banks may allow the release of such amounts without requiring a court order to appoint an estate administrator (banks and financial institutions have their own regulations regarding the amount of money that may be released), meaning that you may only need to present the bank with a death certificate and your ID showing your relationship to the deceased. You can also inherit other types of property that do not require registration, e.g. computers, jewelry, or collectibles, without having to obtain a court order.

https://www.thaiembassy.com/property/thai-last-will-and-testament-faqs

https://www.siam-legal.com/legal_services/probate-and-estate-administration.php

 

So, it looks like my bank manager didn't need to wink and nod -- she (the manager) can determine what amounts to release to my wife -- the sole beneficiary and executor in my Will. Think I won't have the wife bother her with a death certificate, but just go ahead and transfer the money, per her guidance. If there's nobody out there claiming to also be a beneficiary, who's going to file charges...? Sometimes common sense greases the skids -- and is particularly gratifying when it denies greedy lawyers their fees.

 

Oh, Mike -- I told my maid, who earns more than 120k in assessable income, that she now needs to file taxes according to this farang that moderates a forum. Clazy falang was her reply. Yep, wisdom from the working class.

[JimGant]

1 hour ago, Mike Lister said:

Of course, if there's pragmatic way around that and all parties are happy, why not. It's the same with filing a tax return when no tax is due, why even bother. And then there's all those other silly laws that exist, goodness me, there's so many of them and they can be such an inconvenience at times, speeding, running a red light,

 

Ah, I see. Running a red light is in the same category as not filing taxes when no taxes are due. Get a grip, man.

[JohnOFphon]

3 hours ago, zhounan said:

Whatever happens, whenever happens don't forget to share us some bucks.

I'll tell my gf to go to our favorite bar in Soi Cowboy and ring the bell, one time.

 

[Mike Lister]

39 minutes ago, JimGant said:

 

Show me that law. Here's what a quick Google finds:

 

 

So, it looks like my bank manager didn't need to wink and nod -- she (the manager) can determine what amounts to release to my wife -- the sole beneficiary and executor in my Will. Think I won't have the wife bother her with a death certificate, but just go ahead and transfer the money, per her guidance. If there's nobody out there claiming to also be a beneficiary, who's going to file charges...? Sometimes common sense greases the skids -- and is particularly gratifying when it denies greedy lawyers their fees.

 

Oh, Mike -- I told my maid, who earns more than 120k in assessable income, that she now needs to file taxes according to this farang that moderates a forum. Clazy falang was her reply. Yep, wisdom from the working class.

Jim - from your link:

 

"According to the Civil and Commercial Code of Thailand - the law that governs succession and estate administration - when a person passes away with or without a will and his/her heirs or an interested person wish to transfer, inherit or administer the estate of the decedent, that person must file a petition with the court requesting to be an estate administrator".

 

Have you considered the possibility that your bank manager merely has a nervous twitch and was not in fact suggesting anything illegal and in reality, didn't know?

[JimGant]

22 minutes ago, Mike Lister said:

Have you considered the possibility that your bank manager merely has a nervous twitch and was not in fact suggesting anything illegal and in reality, didn't know?

 

Just quoting a couple of Thai legal sites that -- hopefully -- know more than I do. Makes no difference on the direction I've given my wife. She'll be in no jeopardy as administrator of my estate -- and sole beneficiary. As administrator appointed in my Will, she needs no court to bless that appointment:

 

Quote

Section 1711. Administrators of Estate

The administrators of an estate shall include persons appointed by will or by order of the Court.