Will Advice

[giddyup]

2 minutes ago, Delight said:

 In these circumstances taking money from a dead persons bank account is classed as theft

It's a joint account, so it's at least 50% hers.

[Destiny1990]

Anyone knows what happens according to the law when A Thai mother dies with her property in her name and its paid off?

When she has children but no Will made up and her parents still living in it while her kids have moved out?

in whose name now the property will get listed? Fees ?

[Delight]

On 1/12/2018 at 9:05 PM, BlackJack said:

You must have a lawyer for probate otherwise nothing wiļl happen

 

 So people would want nothing to happen.

If I only had some money in a bank and a motorbike - I would want nothing to happen.

That is the beauty of having no will-nothing happens.

If the OP puts his money into a joint account with his girlfriend  then she will get all the money.

That is all  that will happen

My lawyer advises me that probate can cost up to 80 K

Potentially 80K saved.

If the OP had a property then a will is essential-however he does not

[Delight]

7 minutes ago, giddyup said:

It's a joint account, so it's at least 50% hers.

A joint account is not like  a marital asset

Either party can take the lot -with no reference to the other party.

So no trust -no joint account

[Delight]

On 9/7/2018 at 4:47 PM, Kim J said:

I wouldn't be comfortable producing a will at all in Thailand.

My advice to anyone who ever does is that they should never ever let a Thai know about it, particularly the beneficiary, as this will most certainly reduce your life expectancy quite significantly.

You have evidence of this?

Just bar talk I suspect

[BlackJack]

17 hours ago, giddyup said:

My partner has never used the joint account but she has the Pin, but she would be limited to 20,000 baht a day withdrawal. That's going to take some time to drain the account of 1.5 mil baht. If she went into the bank and asked to transfer the balance to her own account the bank may balk at that as it's a joint account.

If she has access then she should be able to increase daily amounts 

[giddyup]

1 minute ago, BlackJack said:

If she has access then she should be able to increase daily amounts 

Not from an ATM, I think 20,000 baht is the max.

[BlackJack]

15 hours ago, Delight said:

 In these circumstances taking money from a dead persons bank account is classed as theft

Joint account. Sim sod ros law. Beneficiary.  Hard to prosecute 

[BlackJack]

15 hours ago, Destiny1990 said:

Anyone knows what happens according to the law when A Thai mother dies with her property in her name and its paid off?

When she has children but no Will made up and her parents still living in it while her kids have moved out?

in whose name now the property will get listed? Fees ?

The laws of succession apply

[giddyup]

2 minutes ago, BlackJack said:

Joint account. Sim sod ros law. Beneficiary.  Hard to prosecute 

But would the joint account be frozen in the event of one of the partners dying?

[BlackJack]

58 minutes ago, BlackJack said:

If she has access then she should be able to increase daily amounts 

With death certicate should be ok. With Will stating she is sole beneficiary even better.

[topt]

1 hour ago, giddyup said:

Not from an ATM, I think 20,000 baht is the max.

I noticed at new SCB ATMs in Big C Extra Pattaya they now had 30k as an option on the screen but I think you can make multiple withdrawals of that amount up to whatever your daily limit is set at.

[giddyup]

16 minutes ago, topt said:

I noticed at new SCB ATMs in Big C Extra Pattaya they now had 30k as an option on the screen but I think you can make multiple withdrawals of that amount up to whatever your daily limit is set at.

Only 30K per day, or as many times as you like?

[topt]

16 minutes ago, giddyup said:

Only 30K per day, or as many times as you like?

30k was shown on screen for one withdrawal. Depends what your limit is set to and the maximum they allow as to how many times you can take that per day.

According to Bangkok Bank web site limit is 25k per withdrawal but again up to your daily limit.

[BlackJack]

5 hours ago, giddyup said:

But would the joint account be frozen in the event of one of the partners dying?

Banks dont have this data. Unless you tell them

[BlackJack]

21 hours ago, Delight said:

 So people would want nothing to happen.

If I only had some money in a bank and a motorbike - I would want nothing to happen.

That is the beauty of having no will-nothing happens.

If the OP puts his money into a joint account with his girlfriend  then she will get all the money.

That is all  that will happen

My lawyer advises me that probate can cost up to 80 K

Potentially 80K saved.

If the OP had a property then a will is essential-however he does not

Wow. Please dont take this guys advice. As plenty happens when a foreigner dies in Thailand. Plenty. Several government depts involved also friends and family, police morgue etc. Dont be a cheap Charlie.  Also the banks may allow 100k or less to be taken out by the legal wife without probate. A will just makes things easy.

[Baboy]

8 hours ago, giddyup said:

Only 30K per day, or as many times as you like?

SCB limit can be set at what you want but their machines will only give you 30 notes at a time. When they run out of 1,000's & only have 500 baht notes left the max you can get is 15,000 ( per transaction )even if your limit is 30,000 . just have a make second withdrawal if you want more.  I have 3 ATM cards from different banks & the limits vary for 20k to 50k. Cant remember asking for a specific limit that is just what they gave me, more than enough for my requirements.

[BlackJack]

10 hours ago, Baboy said:

SCB limit can be set at what you want but their machines will only give you 30 notes at a time. When they run out of 1,000's & only have 500 baht notes left the max you can get is 15,000 ( per transaction )even if your limit is 30,000 . just have a make second withdrawal if you want more.  I have 3 ATM cards from different banks & the limits vary for 20k to 50k. Cant remember asking for a specific limit that is just what they gave me, more than enough for my requirements.

Completely not what we are talking about 

[BlackJack]

21 hours ago, giddyup said:

But would the joint account be frozen in the event of one of the partners dying?

Not if you dont tell them and besides the bank would want to see evidence as in the death certificate 

[giddyup]

Went to a lawyer today and was quoted 5000 baht which I thought reasonable, but the lawyer said that it would still require an attendance in court by a lawyer after my death to administer the will, cost 30,000 baht. I said forget it, 30,000 baht for 10 minutes work, get real. It seems the whole will thing is a huge scam designed to fleece falangs as much as possible. Even the initial cost to make a will is a try on, with costs varying wildly from 5,000 to 20,000 baht, whatever the punter can bear.

[moogradod]

1 hour ago, giddyup said:

Went to a lawyer today and was quoted 5000 baht which I thought reasonable, but the lawyer said that it would still require an attendance in court by a lawyer after my death to administer the will, cost 30,000 baht. I said forget it, 30,000 baht for 10 minutes work, get real.

The 30KTHB is the fee for the probate I believe and from what I know others charge this is very reasonable as is the 5000 THB. Who said it will be 10 minutes work ? Depending on the case it might get complicated.

[giddyup]

1 hour ago, moogradod said:

The 30KTHB is the fee for the probate I believe and from what I know others charge this is very reasonable as is the 5000 THB. Who said it will be 10 minutes work ? Depending on the case it might get complicated.

I have two bank accounts, that's it, not too complicated. You think 30K is reasonable, not a lawyer are you?

[moogradod]

31 minutes ago, giddyup said:

You think 30K is reasonable, not a lawyer are you?

No, I am not a lawyer and have just set up my will with the help of one - for 5'000.-- THB. I know for sure that some lawyers charge 150'000 THB for the probate. THIS is what I call unreasonable. Have you asked what is all involved here ? There might be a basic load of work regardless of whether you have 2 or 30 bank accounts or houses or else.

[giddyup]

3 minutes ago, moogradod said:

No, I am not a lawyer and have just set up my will with the help of one - for 5'000.-- THB. I know for sure that some lawyers charge 150'000 THB for the probate. THIS is what I call unreasonable. Have you asked what is all involved here ? There might be a basic load of work regardless of whether you have 2 or 30 bank accounts or houses or else.

All I know is that I have discounted any thoughts of making out a will using a Thai lawyer. I will convert both bank accounts to joint accounts so that my partner has no problem accessing money from the accounts. From what I see, a lawyer is more expensive in Thailand than they are in Australia, and I refuse to pay their exorbitant fees.

[BlackJack]

please explain to me how you derive at 10 mins work?

give me the steps that you think the legal process takes!

[BlackJack]

you are confusing things here - making a Will is one thing and an application for a Grant of Probate is another

 

So please sir explain to me what you think happens as I am all ears

as to what you think happens and who pays!

[giddyup]

1 minute ago, BlackJack said:

please explain to me how you derive at 10 mins work?

give me the steps that you think the legal process takes!

OK, maybe I exaggerated, but you tell me how long it would take a lawyer, or one of their minions, to register a will involving two bank accounts at the courts? Anyway, I have decided that it's not necessary to employ a lawyer for such a simple will. As I said I just convert the two accounts to joint accounts, problem solved.

[giddyup]

3 minutes ago, BlackJack said:

you are confusing things here - making a Will is one thing and an application for a Grant of Probate is another

 

So please sir explain to me what you think happens as I am all ears

as to what you think happens and who pays!

Not confused at all. I was quoted 5000 baht to write up a will and 30,000 baht to administer probate. How that 30,000 baht is divvied up between the courts and the lawyer I don't know,

[BlackJack]

Just now, giddyup said:

OK, maybe I exaggerated, but you tell me how long it would take a lawyer, or one of their minions, to register a will involving two bank accounts at the courts? Anyway, I have decided that it's not necessary to employ a lawyer for such a simple will. As I said I just convert the two accounts to joint accounts, problem solved.

No sir

you made assertions and now please advise all the other readers what you think happens during the legal process to make an application to the courts

 

[BlackJack]

Just now, giddyup said:

Not confused at all. I was quoted 5000 baht to write up a will and 30,000 baht to administer probate.

don't avoid and please answer the question as other readers are interested - give us a break down of what you think happens please