Hi all,

My friend a UK citizen died in Thailand last month, he left me some money in his will which is now going through the probate process in Thailand via a solicitor in court.

I also am a UK national, I fear that i also am on my last knockings and may never get to see my friends wishes regarding him giving me Thai Baht via his will.

Should i die will my Thai wife get the money that i was due ? i hope this to be the case ..

 

Thank you 

 

 

 

In Thai Law it does seem that if at time of death if you are living then you are a "legatee" and your inheritors will receive the entitled amount at time of distribution.

 

But was your friend's Will written under English Law? If so, that typically has a survivorship clause where you must outlive him by a certain amount (around a month) to inherit the funds from the estate. This also raises the question of if it will be recognised by the Thai courts.

 

There's not much you can do now but sit and wait.

1 hour ago, Gaccha said:

I know his sister came over and had the will drawn up here in Thailand and it only included his Thai assets.

      In Thai Law it does seem that if at time of death if you are living then you are a "legatee" and your inheritors will receive the entitled amount at time of distribution.

 

But was your friend's Will written under English Law? If so, that typically has a survivorship clause where you must outlive him by a certain amount (around a month) to inherit the funds from the estate. This also raises the question of if it will be recognised by the Thai courts.

 

There's not much you can do now but sit and wait.   

 

You say the Thai probate process has already started; given that, it ought to be finished and money disbursed within about 6 months from the time it started.  

However, presuming there isn't some unusual provision in the deceased's Thai Will that Thai courts would recognize, your heirs would get the money.  Your wife would get the money if you have a proper Will naming her as a the sole beneficiary of your estate.

Unfortunately the probate can last for a long time. 2 years for a friend of mine who had a Will done in Thailand. It’s not something that is done very fast here with or without a lawyer. So you will need to wait and see. I suppose you may be able to do a Thai Will, if not already done, for all of your assets to go to your wife. This may help, but this is Thailand and as you know nothing ever goes as planned. Especially if he had a wife or children. 

 The simple solution is for you to create a will.

 

 With a will you can have as many originals as you like. They have to be created at the

same time.

 

Also the beneficiary  can also be the administrator. A must in your case.

 

I created a joint account with my wife.

This is the only legal way to provide funds for her prior to receiving her inheritance .

 

You do not need a lawyer to make a will.

Plenty of info. on the internet which explains how to achieve..

I prepared my own will.

 

 

As a side issue, I'd like to know what happens if you die in thailand and have no relatives. Friend (75) across the road has thyroid cancer I guess, pretty bad, obviously it will kill him at some point. He has 2 months rent deposit and is up to date. Who takes responsibility if he pops his clogs ? The owner ? Does she use her 2 months deposit to cremate him ? Who claims his body ? She is not a relative obviously.

6 minutes ago, RichardColeman said:

As a side issue, I'd like to know what happens if you die in thailand

I’ve requested to be incinerated and tossed in the rice swap at my wife’s family farm, don’t know if my wishes will be followed through though.