No Will

[petercallen]

why do you have to have a Thai will

I am only stopping in Thailand on a annual extension of stay and have

to report every 90 days, i am not a Thai citizen i am a Australian citizen

i still pay taxes there every year

I have never worked here all my assets in Thailand have been paid for

with money transferred from Australia

My Australian will states that all my Thai assets go to my Thai wife and

my assets in Australia go to my children

Works for me and there will be no problems

[BOBBYTIN]

why do you have to have a Thai will

I am only stopping in Thailand on a annual extension of stay and have

to report every 90 days, i am not a Thai citizen i am a Australian citizen

i still pay taxes there every year

I have never worked here all my assets in Thailand have been paid for

with money transferred from Australia

My Australian will states that all my Thai assets go to my Thai wife and

my assets in Australia go to my children

Works for me and there will be no problems

thats kind of the point though peter. the probate is done in Oz. the lawyers will track down any thing they can. your wife would be better with a thai will,so she can go into the bank and get money transfered. what if you both die here,,you need to have a plan at this end.i dont think aussie will will help anyone here. just a thought.

[petercallen]

why do you have to have a Thai will

I am only stopping in Thailand on a annual extension of stay and have

to report every 90 days, i am not a Thai citizen i am a Australian citizen

i still pay taxes there every year

I have never worked here all my assets in Thailand have been paid for

with money transferred from Australia

My Australian will states that all my Thai assets go to my Thai wife and

my assets in Australia go to my children

Works for me and there will be no problems

thats kind of the point though peter. the probate is done in Oz. the lawyers will track down any thing they can. your wife would be better with a thai will,so she can go into the bank and get money transfered. what if you both die here,,you need to have a plan at this end.i dont think aussie will will help anyone here. just a thought.

My son who i trust has power of attorney to sign and work on my behalf

If necessary he will come to Thailand to sort things out

Unless i died suddenly this will not be necessary as i will transfer all my

Thai assets into my wife's name before i die

[petercallen]

You do not need a law fir to be the executors of your will

You can nominate anybody in your will one or more children

or someone you trust

Cut out the law firms all together and save a lot of money

for the beneficiaries

[MissChris]

You do not need a law fir to be the executors of your will

You can nominate anybody in your will one or more children

or someone you trust

Cut out the law firms all together and save a lot of money

for the beneficiaries

Correct. You're best to have one of the beneficiaries as Executor. A idea is to give the Executor the residue, which is a real reward for keeping costs down. You need a lawyer for a few things, but they shouldn't be acting as Executor. Firstly because they are so expensive, secondly, they would have to have a costs agreement with themselves. Not ethical.

[BookMan]

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.

F1fanatic is a woman i think you'll find.

[Semper]

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.

F1fanatic is a woman i think you'll find.

Some women have girlfriends.

[bankei]

MissChris

Some good points but some also inaccurate. You are obviously not a lawyer if you are doing the law society wills course - which is for legal office staff.

In NSW a will needs to be in writing, witnessed by 2 witnesses who are not beneficiaries. S 6 Succession Act

http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s6.html

Informal wills and not properly executed wills can be admitted in certain circumstances however.s8

http://www.austlii.edu.au/au/legis/nsw/consol_act/sa2006138/s8.html

A lawyer can act as executor and charge if there is a charging clause in the will rule 11.1. See Professional Conduct and Practice Rules

Legal Profession Act 1987

http://www.lawsociety.com.au/idc/groups/public/documents/internetcostguidebook/026327.pdf

[gaucho]

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.

yes mate watch out for the banks same things happen in philippines the money can just disappear and all u get is a smile and a shrug of the shoulders

[MissChris]

MissChris

Some good points but some also inaccurate. You are obviously not a lawyer if you are doing the law society wills course - which is for legal office staff.

In NSW a will needs to be in writing, witnessed by 2 witnesses who are not beneficiaries. S 6 Succession Act

http://www.austlii.e...2006138/s6.html

Informal wills and not properly executed wills can be admitted in certain circumstances however.s8

http://www.austlii.e...2006138/s8.html

A lawyer can act as executor and charge if there is a charging clause in the will rule 11.1. See Professional Conduct and Practice Rules

Legal Profession Act 1987

http://www.lawsociet...book/026327.pdf

Actually, not only do I have a LLB & LLM (Litigation & Dispute Resolution), but I have a practising certificate.

I will refrain from commenting on the quality of your research...

Including the fact that there were two courses run by the Law Society - one for solicitors, one for 'the legal office staff'.

[petercallen]

MissChris

Some good points but some also inaccurate. You are obviously not a lawyer if you are doing the law society wills course - which is for legal office staff.

In NSW a will needs to be in writing, witnessed by 2 witnesses who are not beneficiaries. S 6 Succession Act

http://www.austlii.e...2006138/s6.html

Informal wills and not properly executed wills can be admitted in certain circumstances however.s8

http://www.austlii.e...2006138/s8.html

A lawyer can act as executor and charge if there is a charging clause in the will rule 11.1. See Professional Conduct and Practice Rules

Legal Profession Act 1987

http://www.lawsociet...book/026327.pdf

Actually, not only do I have a LLB & LLM (Litigation & Dispute Resolution), but I have a practising certificate.

I will refrain from commenting on the quality of your research...

Including the fact that there were two courses run by the Law Society - one for solicitors, one for 'the legal office staff'.

As you quite often say, Google is your friend

[barka]

OP, PM me if you like

Why are you a lawyer or an expert?

[bankei]

MissChris

Some good points but some also inaccurate. You are obviously not a lawyer if you are doing the law society wills course - which is for legal office staff.

In NSW a will needs to be in writing, witnessed by 2 witnesses who are not beneficiaries. S 6 Succession Act

http://www.austlii.e...2006138/s6.html

Informal wills and not properly executed wills can be admitted in certain circumstances however.s8

http://www.austlii.e...2006138/s8.html

A lawyer can act as executor and charge if there is a charging clause in the will rule 11.1. See Professional Conduct and Practice Rules

Legal Profession Act 1987

http://www.lawsociet...book/026327.pdf

Actually, not only do I have a LLB & LLM (Litigation & Dispute Resolution), but I have a practising certificate.

I will refrain from commenting on the quality of your research...

Including the fact that there were two courses run by the Law Society - one for solicitors, one for 'the legal office staff'.

Then how come you got it wrong?

[bankei]

I will refrain from commenting on the quality of your research...

If I got the law wrong please tell me where - other than your qualifications.

[bankei]

My research must have been spot on.

[geriatrickid]

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

No intent to insult anyone or cause turmoil, but technically isn't that theft?

If my dad had abandoned my family and my mum had endured hardship raising me, I'd do whatever I had to do to get something. Couldn't the kids file charges? If the estate was big enough, a lawyer would take the case. It's not hard to file a lien.

Anyway, just asking, and please no one take this as an insult as I do know that these Thai ladies give of themselves when they care for some foreigners.

[Litlos]

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

No intent to insult anyone or cause turmoil, but technically isn't that theft?

If my dad had abandoned my family and my mum had endured hardship raising me, I'd do whatever I had to do to get something. Couldn't the kids file charges? If the estate was big enough, a lawyer would take the case. It's not hard to file a lien.

Anyway, just asking, and please no one take this as an insult as I do know that these Thai ladies give of themselves when they care for some foreigners.

And therein is the best case for making sure your will is applicable and up to date to reflect your wishes. Without a current will it is Rafferty's rules. The research I did a couple of years ago suggested a lawyer would take the case and fight it up to the amount of the estate. I can think of a few better ways for my estate to be utilised than as the foundation of a new BMW/Merc etc for a lawyer. As they say, up to you.

Cheers

[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

No intent to insult anyone or cause turmoil, but technically isn't that theft?

If my dad had abandoned my family and my mum had endured hardship raising me, I'd do whatever I had to do to get something. Couldn't the kids file charges? If the estate was big enough, a lawyer would take the case. It's not hard to file a lien.

Anyway, just asking, and please no one take this as an insult as I do know that these Thai ladies give of themselves when they care for some foreigners.

How can it be theft if the deceased wanted his Thai Partner to have his assets

not his children, after all they belonged to him

Who said he abandoned is previous family,is that what happened to you.

Where i come from the law does not allow that to happen

[geriatrickid]

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

No intent to insult anyone or cause turmoil, but technically isn't that theft?

If my dad had abandoned my family and my mum had endured hardship raising me, I'd do whatever I had to do to get something. Couldn't the kids file charges? If the estate was big enough, a lawyer would take the case. It's not hard to file a lien.

Anyway, just asking, and please no one take this as an insult as I do know that these Thai ladies give of themselves when they care for some foreigners.

How can it be theft if the deceased wanted his Thai Partner to have his assets

not his children, after all they belonged to him

Who said he abandoned is previous family,is that what happened to you.

Where i come from the law does not allow that to happen

This is Thailand and the foreign law does not apply to the taking of assets in Thailand. If the woman had no legal right to the funds and then took the money without a legal right to said funds, it would be considered an act of theft in Thailand, wouldn't it.

And I am certainly not saying the deceased in this case abandoned his kids. I don't know and as I said before, am not looking to provoke a confrontation or insult anyone. In my case, I have a stepmother and my father has his will ironclad. I happen to be lucky to have the stepmother as she takes care of my father. If she wasn't around, I would get stuck with it as my siblings are selfish sods. However, I do note the resentment of my siblings in respect to my father's statement that his wife will be cared for and am grateful his will is in place. No family feuds will result. In my case, my stepmother will merit whatever she gets and more as dad isn't the easiest of people to deal with. If anything I am sympathetic to the g/f's position, but do wonder what will happen if the children are anything like my family. Kid's claws can be sharp.

[petercallen]

Very few of us would not have at least one greedy asshol_e in there family

who think they are due to things they are not

I have seen it in my own family, thank god not my children or my Thai family