The Legal Right To Remove Your Body From A Thai Mortuary

[Bagwan]

As this topic concerned me I contact the Australian Embassy and I am attaching their reply edit for privacy only.

Dear Harry

I am not a legal expert but I understand that your last Will would be the legal one. You should check with a legal advisor whether that be in Thailand or in Australia.

Amanda Spencer

Second Secretary and Consul

Australian Embassy

37 South Sathorn Road

Bangkok 10120

Ph. +66 (0)2 344 6544

Fax. +66 (0)2 344 6310

www.thailand.embassy.gov.au

We encourage all Australians travelling to Thailand to register their presence at http://www.orao.dfat.gov.au and read the latest travel advice for Thailand at http://www.smartraveller.gov.au

Sent: Friday, 25 January 2013 12:22 PM

To: Consular Bangkok

Subject: funeral arangements.

I am an Australian citizen currently retired in Chiangrai. I have made a will appointing my carer in Thailand as executor and giving her the responsibility for my funeral arangements.

I have since been told that in the event of my death this will not apply and my overseas estranged relatives will be given this task.

I would like to know if this is true and if so what I can do so I can ensure my wishes are carried out with as little stress as possible to my carer.

It seems as if they would act on my will and release the body to her.

Hi Harry,

May I suggest you contact your local hospitals.

In the event your body is taken to them, or you actually pass away whilst admitted, ask them to confirm in writing that they would be prepared to release your body to your career.

And would you be kind enough to let us know how you got on please.

Here in Phuket none of the hospitals would recognise any Wills, whether they are Thai Wills or Wills made outside of Thailand.

Following a Farang's Father's death here on the island, I thought I would do some investigative research as to what happens thereafter.

Woody (the son) had to get five sworn affidavits from his brothers and sisters, through attorneys in the US, for the US Embassy in Bangkok to issue an official "Letter of release".

So he could then carry out his Father's funeral arrangement.

It suddenly occurred to me on hearing his story, how would my own affairs pan out.

Many years ago I made a Will here in Phuket, in English and Thai making my girl friend my Executor of my Estate.

I thought I was home and dry, whereby my girl friend would have the legal right and power to collect my body from any hospital that it may be in.

So I have made enquires of the Phuket International Hospital, Bangkok Phuket Hospital, Mission Hospital and Vachira Hospital.

They all gave me the same answer, they would not release my body to her, as she is legally not my next of kin, due to the fact we are not married.

Regardless of what I might have had drawn up in a Will.

Needless to say this came as a surprise, so I made further enquires as to what implications this would entail.

The good news is that the hospitals will accept this authority from the Embassies by Fax or email, so that saves some time.

Seemingly most cases it only takes about three days to receive this.

The Mission Hospital will only keep your body for one day free, thereafter they will transfer it to Vachira Hospital.

Vachira Hospital charges 600 Baht per day to be kept in their morgue, 1000 Baht Phuket International, 1500 Bangkok Phuket (in spite of me requesting that I didn't need internet).

Embalming comes in at 150 Baht Vachira, 1500 Baht Phuket International ( plus 400 Baht Mortuary Set), 3000 Baht Bangkok Phuket.

In the event the patient is dead on arrival, Vachira charges 2000 Baht for the additional inspection and paper work.

The simplest answer is, Get married!

And don't live or die in Phuket.