No Will

[BOBBYTIN]

hi,i know someone on here will have come across this before. sadly a friend of mine died recently. he has lived with his girlfriend for many years. he has cut ties with his kids in uk, though was close to his brothers and sisters. he made it clear to all that if he died,he wanted his girlfriend to get everything. he did not write a will. stupidly i know. what can she do,if anything. or must the family take control and then hand it to her. which his sister wants to do. this lady looked after him and he loved her dearly. any sensible info would be appreciated.

[GiantFan]

I'm sure somebody with more knowledge than me will reply, but here's my experience. My friend also died w/o a Thai will. The lawyer advised that the pecking order for inheiritance starts with the children, then parents, then full siblings, then half-siblings, etc...

My friend had no children, so it went to his parents.

Some countries allow GF's certain rights after a few years of living together. I don't think Thailand is one of these countries.

[stevenl]

Yes, kids will inherit.

But: does he have any possessions in the UK? If not, screw the children and simply let the girlfriend take anything. Try to empty bank accounts before the bank knows of his passing.

[Litlos]

As per Stevenl on this one, liquidate any assets ASAP and hide the funds. If there are assets in UK and lawyers get involved the fees will be about the same as the estate no matter how big it is, though the UK would probably recognise a long term defacto as a equivalent to marriage. I think the pecking order as mentioned is for those in Thailand, as long term GF not exactly sure what it is officially, just get ahead of the curve and work on the old possession is 9 points of the law theory.

Having been closely involved in 2 estates which were relatively straight forward and the hassles and BS that caused, never mind one that is a problem, so I have two current wills. One for Aust that only covers assets there, and then the same for Thailand. The Thai one was done by an online place and I have had it checked as legal, for a couple of thousand Baht problem solved.

Cheers

[stevehaigh]

i think the key point is where are the assets and who has access to them

if he has a large amount in a thai bank, i doubt they will give it up to anyone, they will just try keep it

anything in the UK is gone of course

[F1fanatic]

Having been through something similar (albeit with no children involved)... I can confirm that any assets in Thailand are divided between wife (50% automatically) and then parents and siblings.

[BOBBYTIN]

Having been through something similar (albeit with no children involved)... I can confirm that any assets in Thailand are divided between wife (50% automatically) and then parents and siblings.

and there lies the problem,they were not married. the fear is the bank will try to have it away. the kids in uk,dont care. but thank you all for taking the time to reply.

[MissChris]

Google is your friend here. Look up UK law with respect to Succession. Then at least you will have tried for her. I agree with stevenl, though. Clean out the bank accounts - they are nobody's property till Probate is granted anyway. Then it's retrospective.

In Australia, defacto relationships are recognised. At present, it is the first $350,000 + CPI making it the first $410,000 odd, then half the rest, for the spouse.

Overseas? Don't know. However, it's worth pursuing if he had property to make it worth while. I suspect that the UK will be the same or similar to Australia. Lawyers will often take a case like this pro bono or 'no win no fee basis' and often the costs come out of the estate anyway. Especially when someone dies 'intestate'. It's the latest shitfight in the legal system here. Beats Family Law, because the estate will, in most cases, pay the legal fees. Whereas Family Law depends on property being owned before a lawyer is interested...

[MissChris]

OP, PM me if you like

[Litlos]

Curiosity got the better of me so I had to have a look for reference material. Anyway found an online document from a lawyer where it describes that a wife can be part of the inheritance process where no will is left (intestate). However defacto and or Buddhist ceremonies are not recognised as a legal status in Thailand.

If the kids/relatives in UK try to claim a share then she would probably need to lodge a claim as a dependant with the approprate UK authority and they probably will respect the status of defacto. The best answer is still to take everything and problem solved though, maybe talk to bank manager and arrange for a replacement ATM card or whatever.

Something off to the side if he was UK resident and receiving/due a pension then she may be entitled to something as defacto, worth asking, though I do not know the circumstances of your friend, and I certainly do not profess to know the vagaries of UK law. Just sometimes it is worth an ask.

Cheers

[cdmtdm]

if the assets are in Thailand, liquidate ... problem solved ... the OS family will not stand a chance trying to get their hands on it here in Thailand...depending on the value of course ... if the Thai gf looked after him and his wishes were to look after then thats what should happen ...

[silsburyhill]

Friend of mine died and long standing girlfriend got bugger all. His Dutch daughter came over to take everything back to Holland leaving her with nothing. Believe she took the view girl/woman friend had been taken care of enough already and so 'largess' (for that is all would have been given the lack of written provision in a Will) not forthcoming.

In short, she'll get nothing. Warning to all without all important Paperwork here. And even then you'll have to appoint someone you can trust (not easy) to administer it all.

[silsburyhill]

Having been through something similar (albeit with no children involved)... I can confirm that any assets in Thailand are divided between wife (50% automatically) and then parents and siblings.

Having been through something similar (albeit with no children involved)... I can confirm that any assets in Thailand are divided between wife (50% automatically) and then parents and siblings.

Read it again. This was a farang man with a Thai girlfriend. Were you able to easily access half your late Thai wife's estate? And if so, she must have made a Will. Not relevant to the OP's question. Is it.

[petercallen]

Its quite common for a family member to come to Thailand

to take possession of assets if they can

I have an Australian will stating all assets in Thailand go to my wife

My wife already has bank accounts in her name, also she knows my ATM pin

Although i do not use the ATM card but go into the bank to withdraw money

the daily amount can be increased to 200K baht a day

She is the owner of the land but i have a lease on it which is easy to change

The new pickup when we get it will be licensed in her name

A bit of pre planning stops family greed if you have that problem

[BOBBYTIN]

thank you to everyone,my friend did indeed entrust his lady with his bank and card numbers,all monies, with the approval of his sister, has already been transfered, thank you.

[KNJ]

If there are still assets in the UK the children will get those.

If as you say they are happy to let his GF have, then let the legal proceedings go uncontested and ask the kids to send the money to her once cleared.

That is the best you can do

[fiddlehead]

I asked my bank once (Kasikorn) what happens to my money if I die?

They said that once they got confirmation from the US Embassy and death certificate, they would then release the money to my estate through the embassy.

I always assumed they were being honest here and it's a question I now realize that I should ask our embassy people.

I have a will in the states but none here in Thailand.

I would appreciate that website someone mentioned to do it yourself online here in Thailand.

My lawyer in the states told me anyone can make their own will providing it has an executor and signed by credible witnesses.

I doubt the law is the same here but would hope it's similar.

[MissChris]

So are we all getting our Wills up to date? All it requires for an Australian will to be accepted is for it to be in writing: 'all to Mum' in spray paint on the wall is sufficient.

petercallen you're a legend!

My ex bought a very expensive apartment & had to take out mortgage insurance, did a wonderful Serbian dummy-spit because he thought someone would then be tempted to bump him off. He's still going strong at nearly 80

[petercallen]

So are we all getting our Wills up to date? All it requires for an Australian will to be accepted is for it to be in writing: 'all to Mum' in spray paint on the wall is sufficient.

petercallen you're a legend!

My ex bought a very expensive apartment & had to take out mortgage insurance, did a wonderful Serbian dummy-spit because he thought someone would then be tempted to bump him off. He's still going strong at nearly 80

No Misschris its you who thinks they are a legend

You do not know what the word libel means

You tell people how to handle snakes after playing with a tame python

You were giving medical advice and now giving legal advice

You think everything you read on Google is true and correct

I can assure you it is not

Try picking on someone else, you will lose

[Litlos]

All it requires for an Australian will to be accepted is for it to be in writing: 'all to Mum' in spray paint on the wall is sufficient.

Having been involved in a few Australian wills this is not the case and I cannot figure out the logic behind making such an obviously false statement that neither seeks to inform or enlighten, there is a completly separate forum for jokes, even those in bad taste. This possibly breaches posting rule #7 as well, but that is up to the discretion of the mods.

Cheers

[glassdude007]

Its quite common for a family member to come to Thailand

to take possession of assets if they can

I have an Australian will stating all assets in Thailand go to my wife

My wife already has bank accounts in her name, also she knows my ATM pin

Although i do not use the ATM card but go into the bank to withdraw money

the daily amount can be increased to 200K baht a day

She is the owner of the land but i have a lease on it which is easy to change

The new pickup when we get it will be licensed in her name

A bit of pre planning stops family greed if you have that problem

good post

but be careful, If you don't die she can take everything as well...TIT

good luck

[petercallen]

Its quite common for a family member to come to Thailand

to take possession of assets if they can

I have an Australian will stating all assets in Thailand go to my wife

My wife already has bank accounts in her name, also she knows my ATM pin

Although i do not use the ATM card but go into the bank to withdraw money

the daily amount can be increased to 200K baht a day

She is the owner of the land but i have a lease on it which is easy to change

The new pickup when we get it will be licensed in her name

A bit of pre planning stops family greed if you have that problem

good post

but be careful, If you don't die she can take everything as well...TIT

good luck

If you met her you would not think that way

The values of good Thai people are the same as Australia in the 1950s and early 60s

She wanted the car to be in my name which does not make sense as she can get

the first car owners govt rebate and i cannot

[pagallim]

Its quite common for a family member to come to Thailand

to take possession of assets if they can

I have an Australian will stating all assets in Thailand go to my wife

My wife already has bank accounts in her name, also she knows my ATM pin

Although i do not use the ATM card but go into the bank to withdraw money

the daily amount can be increased to 200K baht a day

She is the owner of the land but i have a lease on it which is easy to change

The new pickup when we get it will be licensed in her name

A bit of pre planning stops family greed if you have that problem

good post

but be careful, If you don't die she can take everything as well...TIT

good luck

If you met her you would not think that way

The values of good Thai people are the same as Australia in the 1950s and early 60s

She wanted the car to be in my name which does not make sense as she can get

the first car owners govt rebate and i cannot

Many have the same arrangements as yourself Peter, although you haven't mentioned your wife's will. As there is no guaranty that you will go first with your own assets going to her, you also need to ensure that her assets come to you.

[petercallen]

Many have the same arrangements as yourself Peter, although you haven't mentioned your wife's will. As there is no guaranty that you will go first with your own assets going to her, you also need to ensure that her assets come to you.

My wife is younger than me.and the only way could die before me is in a accident

If a motor accident we would both be dead as i do most of the driving

With her insurance policies etc i am the beneficiary, this was her idea not mine

If she did happen to die before me her only worry is her father who lives with

us and would continue to live with me if this should happen as they both know

The only thing that could be taken from me is the new pickup we have on order

which would not happen, it would not make or break me anyway

[MissChris]

All it requires for an Australian will to be accepted is for it to be in writing: 'all to Mum' in spray paint on the wall is sufficient.

Having been involved in a few Australian wills this is not the case and I cannot figure out the logic behind making such an obviously false statement that neither seeks to inform or enlighten, there is a completly separate forum for jokes, even those in bad taste. This possibly breaches posting rule #7 as well, but that is up to the discretion of the mods.

Cheers

Having just completed a NSW Law Society course in Wills & Probate, I would suggest that you pull your head in...

That was from an actual case. I will leave you to do your own search.

[F1fanatic]

The one question nobody has asked is why "he has cut ties with his kids in uk".

A bit odd I would have thought?

[LivinginKata]

The one question nobody has asked is why "he has cut ties with his kids in uk".

A bit odd I would have thought?

It that any of your/our business ????

[F1fanatic]

Only insofar as it may explain why the OP is worried that the g/f may not get the money? Presumably he thinks the kids may show up?

[petercallen]

Only insofar as it may explain why the OP is worried that the g/f may not get the money? Presumably he thinks the kids may show up?

I think it would be a wasted trip for his kids

The GF already has his assets and wont be giving them back to the kids

[cdmtdm]

All it requires for an Australian will to be accepted is for it to be in writing: 'all to Mum' in spray paint on the wall is sufficient.

Having been involved in a few Australian wills this is not the case and I cannot figure out the logic behind making such an obviously false statement that neither seeks to inform or enlighten, there is a completly separate forum for jokes, even those in bad taste. This possibly breaches posting rule #7 as well, but that is up to the discretion of the mods.

Cheers

Having just completed a NSW Law Society course in Wills & Probate, I would suggest that you pull your head in...

That was from an actual case. I will leave you to do your own search.

.

so what ...... i did a first aid course but that did not make me a doctor ....