Jump to content

Recommended Posts

Posted

Are there any steps that one needs to take to ensure that the wife gets the money in the bank (e.g., the 400k or 800k financial requirements for visa), in case of husband's death? 

Posted
1 hour ago, omegaman said:

In a perfect situation, she has access to the account, and there is no interferance from her family, then its all relativly safe.  She just draws the money and done.

 

Thanks, @omegaman, for the very comprehensive answer! My question was really only concerning the money that is tied up in Thailand because of the EOS financial requirements, but I appreciate your taking the time to draw the big picture. Lots of stuff to think about! 

 

You refer to, "she has access to the account." I assume that is an arrangement I have to make with the bank, so that my wife, who is not a joint owner (and cannot be because of the financial requirement restrictions) can have access to the funds. How does one refer to that type of arrangement (and if you know the Thai equivalent that would be even better)? When I go to the bank I'd like to be able to tell them exactly what I want. Thanks! 

 

Also, I am not well versed in financial matters - what do you mean by onshore and offshore accounts? (By the way, my home country is U.S.A., and my wife is a dual Thai and U.S. Citizen, in case it changes the picture.) 

 

Finally, for option (2) you wrote, "Make sure she knows to wipe the account as soon as you pass." Why? If it is a joint account and one of the owners passes, the other owner retains full ownership and access, and I was under the impression that the account doesn't even go through probate. What am I missing? 

Posted
On 5/30/2025 at 8:17 PM, omegaman said:

Its complex.  Thai inheritence and succession law is incomprehensible, even for the Thai.

 

In a perfect situation, she has access to the account, and there is no interferance from her family, then its all relativly safe.  She just draws the money and done.

 

But if she does not have access to the acoount, and she needs to get the bank to open access as the widowed spouse then its gets complicated.  Thailand has no concept of a Public Trustee, and relies heavily on the departed nominating the Executor of the estate/will prior to death.  If she is not the nominated executor on the notorised will, then she is screwed.  Thai buearacry will hold the funds indefinitly.

 

A common storey is that Bill leaves a condo and cash to Thai girl Nong.  At the funeral, Nongs older brother steps in and takes everything in the family name.  Then gambles and drinks it all away.  Thai succession and inheritence law still favours older male siblings over females.  Remember its an absolute monarchy.  Even if she has legal rights, duty to family often makes her silent.  

 

So the plan is to ensure she, and only she gets the estate.

 

My advise is;

1.  Put the bulk of the money off shore in your home country, and register a will there.  Delegate a solicitor in your home country to hold account details, and instructions to release the details to the wife on your death.  This is assuming you home country has sensible succesion and inheritance laws, and is not as bad as Thailand.  Why your home country?  In 99% of countries, being a citizen gives protection.

2. If you trust her sufficiently, place the funds in either an off shore or onshore joint (dual access) account.  Make sure she knows to wipe the account as soon as you pass.  There is a risk here that if its a Thai account, family can still make a claim and the account is frozen.  So an offshore account is better.

3. If option 1 or 2 are not suitable, then ensure you have a formal Thai marriage certificate, notorised and translated copies of your birth certificate and appropriate ID (passport), a registered official Thai will that names her as the executor, and a decent Thai lawyer she can contact immediatly.  In thailand, the goverment does not offer her any protection or fair due process, she has to protect herself.  So many unscrupulous people (usually family) take advantage of the grieving widow.

 

However, if you are not 'of good character' (loose translation) at time of death (i.e. over staying your visa, past Thai criminal history, open warrants or pending police charges, or other civil claims against you) all bets are off, and the Thai Goverement has the right to seize all funds and assets, pending resolution, which never happens.

 

Everything I have said refers to cash.  Property is a whole different matter.  As generally only Thai nationals can own land outright (I mean dirt not the building). During probate all sorts of quirky Thai historical land owner rights, charges, leans and claims can pop up.  I had a mate's widow that lost the willed condo to the land owner as he had not paid 'water well' fees since purchase.  They seized $US200k of condo for what was maybe US$20k of water fees over 10 years.  If land is in the equation, my advise is just put 100% it in her name, and take the risk.  Make sure she is the principal name in the 'House Book', not her parents or siblings, and not joint.

 

If its a condo/appartment (in the case of a multiple dwelling on onw site), usually the building is yours outright and the actual land is owned by a corporation or body corporate (sic), and you are a shareholder in that entity. In the case of a single dwelling you again own the building outright but have a 90 year lease construct on the land.   Remeber this, regardless of what the law states, EVERYTHING is subject to the interpretation of the court and its decision.  It often doesnt matter what Thai law (or any law in any country for fact) the court decision is what you (or your widowed wife) will have to deal with.  Appeals are a complicated lengthy process in Thailand.  I will probably get flamed for that statement, but the law says this or that. If it goes to court, everyone looses.

 

Option 1: above is the safest, depending on where you call home.  So many ferrang avoid this option to avoid home country death and or capital gains taxes.  Its better she gets 90% of something rather than 100% of nothing.

 

Consider all outcomes (bad family, corrupt magistrate etc), play it safe.  You need to protect her from not only the goverment, corrupt officials, but also her family.

 

I am not a lawyer, just a wise and scared ferrang.  Do your reasearch. 

The money in the bank for Extension has to be in your sole name, no joint account allowed, although I have read that the bank can 'hide' the Mrs name on the bankbook. 

We have opened a joint Current Account where day to day money goes and Mrs has ATM card. So she can legally take it all out. Of course she knows the log in and password for all my Banking apps, so could get it all after my clogs pop.

You mention have it in an account in your own name. My problem there is that my sons, who work in Dubai, would have to go through probate which can take a long time. So I am in the process of transferring all my UK money into their Dubai deposit accounts, and they will send me the interest. 

  • 3 weeks later...
Posted

I just leave my card PIN numbers to my Thai partner who can then presumably withdraw the THB 800,000 open my demise. 

  • Thumbs Up 1
  • Thanks 1
Posted

Basically they don’t want to hand it back you have to get a solicitor and he then goes to the courts to get written permission to withdraw the money however if it’s a joint account with another persons name they can withdraw it It was suggested to me that give your nearest snd dearest your PIN number if your card this came from a Thai lawyer but we all know that is fraud I’m speaking from experience when a friend passed the hospital swiped his thai bank card in order to extract the bill even tho he had passed 12 hours previously 

Posted
4 minutes ago, gargamon said:

She would be arrested if they found out. Your non joint accounts are supposed to be frozen when you die. The only safe way is to have a will.

Even a will is not good enough I was named as executor the bank refused point blank they told me only a release letter from the courts instructing the bank to release all the deceased funds would suffice and that involved getting a lawyer to represent the deceased estate I’m talking from experience The lawyer did say have you got the card PIN number can only think that’s the done thing over here just leave 100/200 baht in the account so it remains open !

Posted

The solution is to make a will. Two, in fact.

 

1.  If you live in a house, your wife should make a will stating that if she dies, the house will belong to one of your children (or a relative if you don't have any children) who agrees to let you live in the house until you die; otherwise, you will have to sell the house within a year after she dies and share the money with her relatives.  I have done this mainly because my wife and I look after 26 cats. The cats and I will then be able to live here after she dies.

 

2.  The second will should state what happens to your possessions if you die before your wife. It should also say what should happen to your money if she dies first and when you die afterwards.

 

Make the wills in Thai and English. Have a lawyer stamp them.

  • Thumbs Up 1
Posted
On 5/26/2025 at 8:14 AM, Equatorial said:

Are there any steps that one needs to take to ensure that the wife gets the money in the bank (e.g., the 400k or 800k financial requirements for visa), in case of husband's death? 

Last will

  • Thumbs Up 2
Posted
46 minutes ago, TigerandDog said:

Make a Thai will, then there can be no issues with who gets the money in the bank account.

Me and my Thai wife of 53 years put money in an account with her name and her brother's name on the account so he could hand money out to twin girls going to college,  Two names on the account. We could not trust any other family member.   He was a Monk.  He died last July.  My wife went back to pay for the cremation.  When she got there and went to Bangkok Bank to take out some money.  The Bank said the account was closed.  She has gone to court with a lawyer and almost a year later we have not seen one penny of the money.  Since he was  Monk and even though the Abbott said the money belonged to her and what the money was for the court ordered the money to go to the Temple.  We have not seen the money even though the Temple has it.

 

This got me to thinking.  What happens if the money is in Bangkok Bank and she dies before we go back together to get the money.  We were told to set up a Will to return the money to me.  We went to the Amphoe and when she said she wanted a Will to return my money to me.  She was told this by 3 levels of supervision.  "You don't give the money back to a farang.  You give it to your family.  FINALLY there was a Will written for me to get the money.  We go back in Sept and I hope she lives until we get back and get the money.  Will be 14 months without getting our own money.  Court and lawyer costs to get my own money back.

Posted

My Aussie friend asked me to be Executor of his Will and I accepted. He passed in December. First had to get clearance from Australian Embassy to claim the body (our Death needs to be told to US Embassy). After funeral, I went to Provincial Court with the Attorney who drew up the Will (acted as translator) to give testimony and was officially Appointed Executor. Then I could access bank accounts, pay bills

(including out of pocket expenses from before I could have bank account access) and carry out the terms of the Will (transfer of funds to Beneficiaries). I am now dealing with getting the Condo ready for Sale. After this, remaining funds will be transferred to Australian family and the Estate closed. Bit of time and work involved to allow for the required bureaucracy but no real "glitches". For myself, I have a Thai Will dealing only with Thai holdings. Separate US Will for US holdings going to my Sons.

  • Like 1
  • Thumbs Up 1
Posted

Thai probate of a will is usually 6 months. My GF is the executor of my Thai will, my son the will in Australia.

 

There is enough money in a joint account to last my GF for 2-3 years, while probate is done on the 800K and another account.

Posted

It is advisable to seek professional legal advice. This is a complicated topic and to make sure that your wife or partner receives all the funds from a bank account that you hold it is vital to make a Will and have an understanding of the law of succession if there is no Will. 

I am at consultant at Opus Law International and an English Solicitor. We can provide initial free advice on many legal topics in Thailand. 

My name is Philip Sweeney and although we are now based in Chiang Mai, we cover enquiries throughout Thailand. 

Please feel free to contact me at [email protected] 

Take a look at what services we offer by visiting us at https://opus.co.th or our Facebook page https://www.facebook.com/opuslaw/

I work with fully qualified Thai lawyers who all speak excellent English. 

 

 

  • Thumbs Up 1
Posted
On 5/30/2025 at 8:17 PM, omegaman said:

Its complex.  Thai inheritence and succession law is incomprehensible, even for the Thai.

 

In a perfect situation, she has access to the account, and there is no interferance from her family, then its all relativly safe.  She just draws the money and done.

 

But if she does not have access to the acoount, and she needs to get the bank to open access as the widowed spouse then its gets complicated.  Thailand has no concept of a Public Trustee, and relies heavily on the departed nominating the Executor of the estate/will prior to death.  If she is not the nominated executor on the notorised will, then she is screwed.  Thai buearacry will hold the funds indefinitly.

 

A common storey is that Bill leaves a condo and cash to Thai girl Nong.  At the funeral, Nongs older brother steps in and takes everything in the family name.  Then gambles and drinks it all away.  Thai succession and inheritence law still favours older male siblings over females.  Remember its an absolute monarchy.  Even if she has legal rights, duty to family often makes her silent.  

 

So the plan is to ensure she, and only she gets the estate.

 

My advise is;

1.  Put the bulk of the money off shore in your home country, and register a will there.  Delegate a solicitor in your home country to hold account details, and instructions to release the details to the wife on your death.  This is assuming you home country has sensible succesion and inheritance laws, and is not as bad as Thailand.  Why your home country?  In 99% of countries, being a citizen gives protection.

2. If you trust her sufficiently, place the funds in either an off shore or onshore joint (dual access) account.  Make sure she knows to wipe the account as soon as you pass.  There is a risk here that if its a Thai account, family can still make a claim and the account is frozen.  So an offshore account is better.

3. If option 1 or 2 are not suitable, then ensure you have a formal Thai marriage certificate, notorised and translated copies of your birth certificate and appropriate ID (passport), a registered official Thai will that names her as the executor, and a decent Thai lawyer she can contact immediatly.  In thailand, the goverment does not offer her any protection or fair due process, she has to protect herself.  So many unscrupulous people (usually family) take advantage of the grieving widow.

 

However, if you are not 'of good character' (loose translation) at time of death (i.e. over staying your visa, past Thai criminal history, open warrants or pending police charges, or other civil claims against you) all bets are off, and the Thai Goverement has the right to seize all funds and assets, pending resolution, which never happens.

 

Everything I have said refers to cash.  Property is a whole different matter.  As generally only Thai nationals can own land outright (I mean dirt not the building). During probate all sorts of quirky Thai historical land owner rights, charges, leans and claims can pop up.  I had a mate's widow that lost the willed condo to the land owner as he had not paid 'water well' fees since purchase.  They seized $US200k of condo for what was maybe US$20k of water fees over 10 years.  If land is in the equation, my advise is just put 100% it in her name, and take the risk.  Make sure she is the principal name in the 'House Book', not her parents or siblings, and not joint.

 

If its a condo/appartment (in the case of a multiple dwelling on onw site), usually the building is yours outright and the actual land is owned by a corporation or body corporate (sic), and you are a shareholder in that entity. In the case of a single dwelling you again own the building outright but have a 90 year lease construct on the land.   Remeber this, regardless of what the law states, EVERYTHING is subject to the interpretation of the court and its decision.  It often doesnt matter what Thai law (or any law in any country for fact) the court decision is what you (or your widowed wife) will have to deal with.  Appeals are a complicated lengthy process in Thailand.  I will probably get flamed for that statement, but the law says this or that. If it goes to court, everyone looses.

 

Option 1: above is the safest, depending on where you call home.  So many ferrang avoid this option to avoid home country death and or capital gains taxes.  Its better she gets 90% of something rather than 100% of nothing.

 

Consider all outcomes (bad family, corrupt magistrate etc), play it safe.  You need to protect her from not only the goverment, corrupt officials, but also her family.

 

I am not a lawyer, just a wise and scared ferrang.  Do your reasearch. 

Unless you are American then the executor must get an IRS transfer certificate (at least 6-9 months) AND your joint account will be frozen by your bank/brokerage. Best to withdraw the money and put it in her name before you go-go.

20231202_174751.jpg

Posted
On 5/26/2025 at 3:14 AM, Equatorial said:

Are there any steps that one needs to take to ensure that the wife gets the money in the bank (e.g., the 400k or 800k financial requirements for visa), in case of husband's death? 

The bank deposits will be part of the estate. Distribution of the estae depends of a last will and which country the primary home was – probably Thailand in this case – as the estate will be handled in country of primary home.

 

If there is no last will, the Thai rules distribute with 50% to the spouse (wife) and 50% to other family. If there are no blood heirs, the spouse will get it all.

 

If you wish to be in control of where belongings and after you move on to next level, make a last will. Even one writing one yourself can be legal and make a difference.

 

Image-texts below are from the book "Thai Law for Foreigners"...

 

image.thumb.jpeg.d2764c7047e1bdc6c85f4a90ffc7e2c2.jpeg

 

image.thumb.jpeg.c30c80465ca940234774e0c95a8c4fbb.jpeg

  • Thumbs Up 1
  • Thanks 1
Posted
On 5/30/2025 at 8:17 PM, omegaman said:

Its complex.  Thai inheritence and succession law is incomprehensible, even for the Thai.

 

In a perfect situation, she has access to the account, and there is no interferance from her family, then its all relativly safe.  She just draws the money and done.

 

But if she does not have access to the acoount, and she needs to get the bank to open access as the widowed spouse then its gets complicated.  Thailand has no concept of a Public Trustee, and relies heavily on the departed nominating the Executor of the estate/will prior to death.  If she is not the nominated executor on the notorised will, then she is screwed.  Thai buearacry will hold the funds indefinitly.

 

A common storey is that Bill leaves a condo and cash to Thai girl Nong.  At the funeral, Nongs older brother steps in and takes everything in the family name.  Then gambles and drinks it all away.  Thai succession and inheritence law still favours older male siblings over females.  Remember its an absolute monarchy.  Even if she has legal rights, duty to family often makes her silent.  

 

So the plan is to ensure she, and only she gets the estate.

 

My advise is;

1.  Put the bulk of the money off shore in your home country, and register a will there.  Delegate a solicitor in your home country to hold account details, and instructions to release the details to the wife on your death.  This is assuming you home country has sensible succesion and inheritance laws, and is not as bad as Thailand.  Why your home country?  In 99% of countries, being a citizen gives protection.

2. If you trust her sufficiently, place the funds in either an off shore or onshore joint (dual access) account.  Make sure she knows to wipe the account as soon as you pass.  There is a risk here that if its a Thai account, family can still make a claim and the account is frozen.  So an offshore account is better.

3. If option 1 or 2 are not suitable, then ensure you have a formal Thai marriage certificate, notorised and translated copies of your birth certificate and appropriate ID (passport), a registered official Thai will that names her as the executor, and a decent Thai lawyer she can contact immediatly.  In thailand, the goverment does not offer her any protection or fair due process, she has to protect herself.  So many unscrupulous people (usually family) take advantage of the grieving widow.

 

However, if you are not 'of good character' (loose translation) at time of death (i.e. over staying your visa, past Thai criminal history, open warrants or pending police charges, or other civil claims against you) all bets are off, and the Thai Goverement has the right to seize all funds and assets, pending resolution, which never happens.

 

Everything I have said refers to cash.  Property is a whole different matter.  As generally only Thai nationals can own land outright (I mean dirt not the building). During probate all sorts of quirky Thai historical land owner rights, charges, leans and claims can pop up.  I had a mate's widow that lost the willed condo to the land owner as he had not paid 'water well' fees since purchase.  They seized $US200k of condo for what was maybe US$20k of water fees over 10 years.  If land is in the equation, my advise is just put 100% it in her name, and take the risk.  Make sure she is the principal name in the 'House Book', not her parents or siblings, and not joint.

 

If its a condo/appartment (in the case of a multiple dwelling on onw site), usually the building is yours outright and the actual land is owned by a corporation or body corporate (sic), and you are a shareholder in that entity. In the case of a single dwelling you again own the building outright but have a 90 year lease construct on the land.   Remeber this, regardless of what the law states, EVERYTHING is subject to the interpretation of the court and its decision.  It often doesnt matter what Thai law (or any law in any country for fact) the court decision is what you (or your widowed wife) will have to deal with.  Appeals are a complicated lengthy process in Thailand.  I will probably get flamed for that statement, but the law says this or that. If it goes to court, everyone looses.

 

Option 1: above is the safest, depending on where you call home.  So many ferrang avoid this option to avoid home country death and or capital gains taxes.  Its better she gets 90% of something rather than 100% of nothing.

 

Consider all outcomes (bad family, corrupt magistrate etc), play it safe.  You need to protect her from not only the goverment, corrupt officials, but also her family.

 

I am not a lawyer, just a wise and scared ferrang.  Do your reasearch. 

 

I will probably get flamed for that statement, but the law says this or that. If it goes to court, everyone looses."  That's a big statement to make, any proof? Please share.

 

"Thai inheritence and succession law is incomprehensible, even for the Thai." I don't agree, it's straight forward and logical.

 

I guess you are aware of the Thai Commercial Code law.

 

I can't see any mention of a will, or do you not recommend wills?

Posted

I've kept my main account in only my name, but I have made arrangements with the bank that allow my wife to withdraw funds from it. So, in the case of my death or a debilitating illness, she can do that. 

  • Thumbs Up 1
Posted
24 minutes ago, WDSmart said:

I've kept my main account in only my name, but I have made arrangements with the bank that allow my wife to withdraw funds from it. So, in the case of my death or a debilitating illness, she can do that. 


Is that when your wife signs your bank book which can only be viewed with a UV (?) light ?

Posted
15 minutes ago, Andrew Dwyer said:
40 minutes ago, WDSmart said:

I've kept my main account in only my name, but I have made arrangements with the bank that allow my wife to withdraw funds from it. So, in the case of my death or a debilitating illness, she can do that. 


Is that when your wife signs your bank book which can only be viewed with a UV (?) light ?

Yes! That's it exactly...

  • Thanks 1
Posted
7 hours ago, Mburo said:

I just leave my card PIN numbers to my Thai partner who can then presumably withdraw the THB 800,000 open my demise. 

 

Only if the partner manages to withdraw the funds before the bank learns/is notified that the accountholder has died.

Posted

I've been dealing with this issue lately as part of advance estate planning for my Thai wife....

 

Here's what I've found.

 

1. It's certainly good to have a Thai will that specifies exactly who is to inherit ones assets. But having the beneficiary actually GET the assets via a will can be a slow and somewhat expensive process in Thailand, because it will involve having to have a Thai attorney take the will to probate court, and after some time allowing for potential challenges, to obtain a court order directing the release of the assets pursuant to the terms of the will... Have heard, that can take some months in Bangkok.

 

2. If someone's going to go the ATM route, make sure the beneficiary knows to accomplish that promptly, and before the bank ends up learning of the death thru any means.

 

3. In addition to the Thai will, it's also possible to have the bank branch where your account is held have your intended beneficiary sign a "power of attorney" document essentially making the beneficiary a SILENT co-owner of the account. The beneficiary's name won't show on the bank book anywhere visible, so it won't interfere with the use of the account for Immigration deposit purposes. But it will give the beneficiary FULL rights to the account, both before you're dead and after you're dead.

 

The advice given by various Thai bank branch managers on this (the power of attorney designation) seems to vary all over the map, so it's probably important to have a personal chat with the manager at the bank where the account in question is held, before deciding whether to pursue it or not. I had such a chat lately.

 

--As I recollect, what she told me was that by virtue of the power of attorney designation, my wife would have full/100% access to all the funds in the account during my lifetime, and prior to the bank being notified of my death, whenever it would occur.

 

--But after the bank learns that I've died, the manager advised that the power of attorney and/or my wife's legal status as my wife (not clear on that point) would still entitle her to 50% of the account (which I'm presuming is the statutory spousal 50% share of marital assets) PRIOR to and without having to do the Probate Court process. But in order to access the OTHER 50% of the assets, the bank branch manager said that would still require some kind of process going thru Thai Probate Court, again, assuming the beneficiary started that request AFTER the bank knew I was dead.

 

So it seems the common theme here, whether by ATM route and/or by power of attorney route, it's best to have the beneficiary pull ALL the assets/funds before the assetholder learns of the person's death -- unless the beneficiary is content to let the Probate process play out and doesn't need the inherited funds promptly.

 

 

Would be interested to hear what others have been told by their banks about the power of attorney route, and any personal experiences people may know of of that actually being exercised in the real world here.

 

  • Thumbs Up 2
Posted
On 5/26/2025 at 8:14 AM, Equatorial said:

Are there any steps that one needs to take to ensure that the wife gets the money in the bank (e.g., the 400k or 800k financial requirements for visa), in case of husband's death? 

already mentioned.

  • Thumbs Down 1
Posted
On 5/26/2025 at 8:14 AM, Equatorial said:

Are there any steps that one needs to take to ensure that the wife gets the money in the bank (e.g., the 400k or 800k financial requirements for visa), in case of husband's death? 

 

Why wouldn't she?   Do you think Thai banks steal money from dead farangs 😂

Why doesn't your wife have all your PIN numbers and logins so she can access everything?

 

  • Thumbs Down 1

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   1 member



×
×
  • Create New...