Writing A Will And Dying In Thailand

[BillStrangeOgre]

Hi all.

I'm a Brit. here in Thailand on a retirement visa. I don't have any property here just a local bank account with a small amount of money in it. I do have personal belongings here, the usual stuff we all have.

I have offshore bank accounts.

I also have an apartment in a third country which i am getting advice about.

I understand if i was to die here the embassy would arrange for my personal belongings to be sent back to my 'next of kin' who are mentioned in the back of my passport in UK with my remains (body) Is this correct? How do i ensure this happens. I don't want to be 'disposed' of here. Who pays for this? (not me obviuosly )

I was quoted 500 GBP for a 'will pack' which i think is pretty expensive considering a 'will pack' can be bought off the shelf at W.H.Smiths back home for a fraction of that. Would a simple W.H.Smith's 'will pack' suffice suffice for me considering my ‘uncomplicated’ affairs here in Thailand?

If there any folks here who know anything about this and can help, i'd appreciate it.

Thanks very much in advance

Andy Capp

[prighas]

Hi all.

I'm a Brit. here in Thailand on a retirement visa. I don't have any property here just a local bank account with a small amount of money in it. I do have personal belongings here, the usual stuff we all have.

I have offshore bank accounts.

I also have an apartment in a third country which i am getting advice about.

I understand if i was to die here the embassy would arrange for my personal belongings to be sent back to my 'next of kin' who are mentioned in the back of my passport in UK with my remains (body) Is this correct? How do i ensure this happens. I don't want to be 'disposed' of here. Who pays for this? (not me obviuosly )

I was quoted 500 GBP for a 'will pack' which i think is pretty expensive considering a 'will pack' can be bought off the shelf at W.H.Smiths back home for a fraction of that. Would a simple W.H.Smith's 'will pack' suffice suffice for me considering my ‘uncomplicated’ affairs here in Thailand?

If there any folks here who know anything about this and can help, i'd appreciate it.

Thanks very much in advance

Andy Capp

Not sure about the 'will pack'. I did have a concern regarding the same matter a couple of years ago and have asked around. The price quoted was around 12,000 THB with a separate fee for 'will execution'. If you'd like to know which companies I consulted for this, please PM me.

[BEENTHEREDONETHAT]

We had the wills we made in Australia translated into Thai. Hopefully that will suffice but I will never be sure as I will not be around to see how it goes, but it gives me peace of mind now. You can get it done professionally and stamp for a few hundred Baht per page.

[philo]

To the OP: I don't want to hijack your thread, but I have questions of the same nature.

1) If I die in a hospital here, would the fact that I am legally married (to a Thai national) require my wife and her family to pay the bill?

2) In the same case, can the hospital try to get the bill paid by my family in Europe?

3) I want to be 'disposed'of here (cremated). What kind of document do I need?

Thanks

philo

[longball53098]

I would say contact you're respective Embassies for some of the answers. The Thai police will be contacting you're embassy in event you die, regardless of how you die as they will contact the embassy.

The US has specific procedures for a US citizen dieing in an overseas location. I would bet most embassies do.

[Dave the Dude]

To the OP: I don't want to hijack your thread, but I have questions of the same nature.

1) If I die in a hospital here, would the fact that I am legally married (to a Thai national) require my wife and her family to pay the bill?

2) In the same case, can the hospital try to get the bill paid by my family in Europe?

3) I want to be 'disposed'of here (cremated). What kind of document do I need?

Thanks

philo

Hi philo

1&2)I would assume the hospital would sort that out upon admission into hospital. Credit card checks would be done pronto (I think)

3) Thai doctors death cert.

My mate also in isaan was just quoted 2,000b for a will for his (thai) wife!

Dave

Edited September 26, 2009 by Dave the Dude

[philo]

Thanks Dave.

But I would like to have more specific advise.

Who will have to pay the bill for the credit card? And if it has a limit? Can I/my wife/the hospital just stop the treatment and leave me to die? If I am not conscious, who will take a decision and who will pay?

In the sad story of Yeti - RIP and the best for your wife and children- the bill ran up to millions of Baht. I have two children myself, and if I die in a hospital, the bill could ruin my wife's family and/or my family back home.

IMO this thread could be of great use to many expats here, please call in the lawyers.

Edited September 26, 2009 by philo

[chiang mai]

International wills can be complicated. If a UK citizen complete a UK will but has assets in different countries then probate is required for each jurisdiction, including IOM, Jersey etc. I've just changed my UK will using UK solicitors and the cost was £600 so your estimate is fair.

As for hospital costs - most hospitals require some form of guarantee before being admitted and usually a credit card serves that purpose. Might want to think about getting some form of health insurance to cover off this point.

Finally, I actually have two wills, a UK or global will and a Thai will covering assets in Thailand - that scenario is not strictly kosher in legal terms but it was the only way I could see to cover off all scenario's where my assets are held and as long as the UK will doesn't see the Thai assets, all should be fine - I've attempted to ensure this will be the case by describing in my will (and to my executors) only non-Thai assets.

[philo]

longball: The embassy of my european country is of limited help, they advise you to return home for free health care.

Dave: A death certificate cannot be enough to secure that you are cremated here - not buried. Also it probably can't prevent your family/embassy/whatever from claiming your body and have it brought home.

Chiang Mai: A health insurance (which I have) will not pay anything if there are preconditons that are excluded from the policy.

[chiang mai]

longball: The embassy of my european country is of limited help, they advise you to return home for free health care.

Dave: A death certificate cannot be enough to secure that you are cremated here - not buried. Also it probably can't prevent your family/embassy/whatever from claiming your body and have it brought home.

Chiang Mai: A health insurance (which I have) will not pay anything if there are preconditons that are excluded from the policy.

Then you should register with the embassy your express wishes regarding burial etc and make sure that wish is recorded in your will and make sure your wife has a copy. Disposal of remains is a standard clause in most wills, certainly it is in my case.

[ballbreaker]

philo: You have raised so many questions you should consult a lawyer for the correct answers.

Typically when you die your assets are frozen and these items make up your estate which is the only source of payment to crditors. Will or not your estate gets processed by the courts allowing creditors time to file claims. After the creditors are paid the remainder is paid out per the will, if one exists, or by the court based on Thai law.

Always have a will draw up to cover distribution of your assets if you don't want the court to decide based on Thai law. I also thinks its best to have will drawn up in every country you have assets but best talk lawyer first about that one.

If your concerned about hospital cost run up while your incapacitated you should consider a living will which spells out your wishes if unable to speak for self. Only a lawyer knows if these are accepted in Thailand.

Draw up a list of questions and go consult a lawyer rather than rely on answers from people like me. Consultation fees are usually small if any at all.

[bapak]

[Then you should register with the embassy your express wishes regarding burial etc and make sure that wish is recorded in your will and make sure your wife has a copy. Disposal of remains is a standard clause in most wills, certainly it is in my case.

Legal advice I received several years ago was recording in your will such as burial, cremation, etc., were a request and that your Next of Kin has absolute rightg as to what happens after death.

Some time ago the Hua Hin Observer had an excellent line by line description of what happens after death of a foreigner in Thailand. Will try and locate copy.

[toptuan]

Is the OP married or single?

[MJo]

longball: The embassy of my european country is of limited help, they advise you to return home for free health care.

Dave: A death certificate cannot be enough to secure that you are cremated here - not buried. Also it probably can't prevent your family/embassy/whatever from claiming your body and have it brought home.

Chiang Mai: A health insurance (which I have) will not pay anything if there are preconditons that are excluded from the policy.

If you are concerned on the financial burden to your family maybe you should get a proper insurance. Not from thai companies but one of the internationals that offer cover for expats.

For about $700 to $1000 (depending on your nationality) per year you get covered for repatriation of remains and even med evac to your home country, full coverage on medical bills etc etc etc.

[BillStrangeOgre]

Is the OP married or single?

Single and 52

[harrry]

I've attempted to ensure this will be the case by describing in my will (and to my executors) only non-Thai assets.

You do realize that if you have described the asset if it changes in any way the proposed benificicary will recieve nothing. Eg. If you say savings account number 123 at bills bank some street and they change their address they will recieve nothing as the original does not exist anymore. It happened to me.

[astral]

My understanding is that Wills executed in the UK and USA will be accepted by the Thai courts.

[chiang mai]

I've attempted to ensure this will be the case by describing in my will (and to my executors) only non-Thai assets.

You do realize that if you have described the asset if it changes in any way the proposed benificicary will recieve nothing. Eg. If you say savings account number 123 at bills bank some street and they change their address they will recieve nothing as the original does not exist anymore. It happened to me.

Yes I'm aware, that's why I have stated in my Thai will, "any and all HSBC accounts in Thailand".

[JohnC]

I am in the middle of researching this very subject as the question has come up frequently recently here in Pattaya, first as a previous poster stated most embassies have information on their website. The one fact that came out is that you/your estate are responsible for any repatriation costs and the Embassy has no budget for this, I received a number of quotes for repatriation to either Europe or USA and was quoted close to 250,000 baht which does not include a funeral at home.. I have also been informed that one needs a Thai will for any assets held in Thailand and it is written in English & Thai average cost is 6000 baht although I have been told there is a local type form available at some outlets in Bangkok that can be completed and notarized for around 2000 baht but I have yet to find one. It is also possible to have a "Living Will" explaining what your wishes are in the event you cannot communicate with doctors and is in accordance with the Thai National Health Act Art 12 Part 1 dated 20th March 2550 (2007)

This is a complex subject and I am currently up to page seven of an information leaflet! far too much to post here! but it raised more questions than it answered initially, for example can someone access your bank accounts to pay the hospital if needed? We found that most hospitals require a substantial deposit prior to accepting a patient! Will your local Wat carry out a cremation and if so for how much (again I have been quoted figures between 5000 - 10000 baht) If you get repatriated will your local Health Care Authority accept you as a patient if you have been out of the country for a long period of time?

As I said a complex subject needing many answers!

[astral]

A good health insurance policy will repatriate you to your place of residence,

but they may see that as being Thailand, on the OP's case.

Best to specify a Thai cremation then the ashes are easier to send overseas.