Inheritance From The Falang Husband

[dagling]

My wife's friend has been married to a man from England until he passed away last Monday at home in England. He has long been ill, and therefore lived mostly in England.

They have a daughter at 3 years together living in Thailand with his mother.

What should she take any further in this matter when it comes to inheritance and alimony for their common daughter, and one other question is whether she probably has a right to alimony from the British authorities?

I have at least advised her to first contact the British embassy, as well as an attorney since it is unclear what values are left after her husband in England.

[ebmzlm]

She will be entitled to anything owned in Thailand.

Anything in England will depend on the will.

[dagling]

She will be entitled to anything owned in Thailand.

Anything in England will depend on the will.

What about alimony for their common daughter, and one other question is whether she probably has a right to alimony from the British authorities?

[ebmzlm]

She will be entitled to anything owned in Thailand.

Anything in England will depend on the will.

What about alimony for their common daughter, and one other question is whether she probably has a right to alimony from the British authorities?

Does the daughter have any claim to England ie British passport!

Have they stepped foot in England.

How old is the man in question, if already of pension age, she will recieve his pension for 2 years.

As for alimony, she has lost her husband not divorced her husband so this is unlikely.

[MrRealDeal]

Aliamony is for ex wives not children .... You should hire a Lawyer and find out what his will says , if you like what it says you have nothing to worry about if you don't ..... You can sue like so many other disgruntled heirs do. The Wife and Minor Child both have certian assumptions to benefit under the law. If thier is no will you will probabbly get it all. the "wife" that is

[Bagwan]

If the couple were legally married according to the laws of Thailand the marriage will be recognised in the UK. She will be entitled to claim a Death Allowance of 2000 GBP and a reduced pension (expect about 20K baht every 4 weeks) for one calendar year. The allowance and pension must be claimed from the Department of Works and Pensions based in Newcastle who will pay into his widow's bank account. She will need the assistance of an English speaker to complete all the documentation and to understand what documentary proof she must supply to substantiate her claim.If the deceased did the right thing and registered his wife with the DWP and she was issued with a National Insurance number she can claim a UK State Pension when she reaches her early 60's. The costs of his funeral should be borne from his estate and this should take precedence over all other claims. Depending upon his UK family's honesty she may have an uphill fight to claim what is left over. All too often the UK family members want to snaffle all that they can and object to handing over to somebody who they might classify as a 'jungle bunny.' If he died intesate she is entitled (I think) to the first 250K GBP of his estate after the funeral expenses have been met.

Full information about the DWP can be obtained by use of any search engine. If the deceased was drawing a works pension they may make a cash settlement to her or pay her a reduced pension depending upon the rules of the pension fund.

I acted for my wife's aunt and managed to get over 600K baht for her.

[MrRealDeal]

That is not all she can get, that is the alsolute minimum she can get, under the law ..... not at all what is likely to happen. Those laws are designed to protect people from unreasonable Judges not designed to say that it is at all sensible in normal situations.

[BigJohnnyBKK]

Aside from the government benefits, the first thing you need to find out is what assets there are. Only if they are substantial will it be worth engaging an attorney. I would think a private detective agency would be much more cost effective to start with.

If the wife or daughter are British citizens you may be able to get some help to start with from the embassy, but I wouldn't count on that taking you too far.

Post further details and the location of the husband's last home in England.

[techno]

If the couple were legally married according to the laws of Thailand the marriage will be recognised in the UK. She will be entitled to claim a Death Allowance of 2000 GBP and a reduced pension (expect about 20K baht every 4 weeks) for one calendar year. The allowance and pension must be claimed from the Department of Works and Pensions based in Newcastle who will pay into his widow's bank account. She will need the assistance of an English speaker to complete all the documentation and to understand what documentary proof she must supply to substantiate her claim.If the deceased did the right thing and registered his wife with the DWP and she was issued with a National Insurance number she can claim a UK State Pension when she reaches her early 60's. The costs of his funeral should be borne from his estate and this should take precedence over all other claims. Depending upon his UK family's honesty she may have an uphill fight to claim what is left over. All too often the UK family members want to snaffle all that they can and object to handing over to somebody who they might classify as a 'jungle bunny.' If he died intesate she is entitled (I think) to the first 250K GBP of his estate after the funeral expenses have been met.

Full information about the DWP can be obtained by use of any search engine. If the deceased was drawing a works pension they may make a cash settlement to her or pay her a reduced pension depending upon the rules of the pension fund.

I acted for my wife's aunt and managed to get over 600K baht for her.

Correct and very good advice from Bagwan.

[farang000999]

please come back and let us know how it went.

[geriatrickid]

It might be prudent to take into consideration the issue of estate tax.

The threshold is £325,000 this year and over that, one pays 40% tax if I am not mistaken.

If one lays claim to an estate, one can also assume some of the liabilities associated with the estate, which in turn can create one massive headache and all sorts of unexpected expenses. If there are sizeable funds involved, one really does need a competent legal counsel experienced in estate wrap ups. As well, a proper accountant would need to be retained.

When I see threads like this, I am grateful to my father for having an iron clad will and updating it every so often to reflect changes in the family. A proper will saves so much heartache and aggravation down the road.

[GuestHouse]

Has the father left an estate (property, savings etc)

Has he left a private of company pension?

Who is administering these things? (The pension will be administered separately from any property or savings).

Has he formally acknowledged his child and/or registered his marriage.

Having been an executor of a friend's Will I have had a first hand experience of just how grubby people get over money and property left in Wills.

The wife needs to answer the questions above, hope that a Will is in place, hope that her husband included her in the expression of wishes to his pension (if he had one) and get in touch with the lawyers/executor of the will (if it exists).

Unless she has an already established good relationship with her husband's other family, OR they are extremely moral people, she should expect to be cut out of her and her children's rights.

Again, best advice I can offer is answer the questions above and then get in touch with the executor if one exists.

[true blue]

if husband had a private pension,she should contact providers,and inform them of her status,as she could well be entitled to a income of 50% of what husband was drawing,some providers dont require wishes to be recorded,as circumstances could change in ones life,they prefer people to claim when event happens.