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Can a Thai inherit from a European, If so how?


djmatty

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Hi,

I can give more detail on the circumstances if need be, but in brief, I have a Norwegian friend who has an illness similar to M.S and is sadly not long for this world, he lives in Norway but visits Thailand two or three times a year. He has a Thai girlfriend who nurses him twenty four hours a day when he's here, and he wants to look after her when he goes. I'm assuming he has to make a Will in Norway but does he need to make any provisions in Thailand?

Thanks in advance.

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He can make a will in Norway and have beneficiaries in any country in the world. His executor is legally bound to ensure the bequests are carried out.

If he has assets in Thailand, his Norwegian will has no bearing on those assets. He needs a will made out in Thailand.

EDIT: I suggest that he gets a copy of the woman's ID card and passport, and a copy of her address book and phone number. This will ensure correct legal identification for the executor and allow easy contact.

If he leaves something to "Noi" that works at the hotel next to the family Mart on Soi 7, the executor will not be happy - must have the full legal Thai name and address details.

Edited by Gsxrnz
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He can make a will in Norway and have beneficiaries in any country in the world. His executor is legally bound to ensure the bequests are carried out.

If he has assets in Thailand, his Norwegian will has no bearing on those assets. He needs a will made out in Thailand.

EDIT: I suggest that he gets a copy of the woman's ID card and passport, and a copy of her address book and phone number. This will ensure correct legal identification for the executor and allow easy contact.

If he leaves something to "Noi" that works at the hotel next to the family Mart on Soi 7, the executor will not be happy - must have the full legal Thai name and address details.

Can you please qualify what you are saying above. IE If I have a bank account in Thailand but my UK written will says all my possessions, or similar wording, is left to someone in Thailand why that is not sufficient? Who else or where else would the money go?

My understanding under UK law is that all my assets would have to be added together for IHT (inheritance tax) wherever they may be located as I am still domiciled although non resident. If I have misunderstood that then great and I will be writing a Thai will very shortly thumbsup.gif However irrespective of IHT do you really have to have two wills?

I further understand property is different but for purely cash or valuables?

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He can make a will in Norway and have beneficiaries in any country in the world. His executor is legally bound to ensure the bequests are carried out.

If he has assets in Thailand, his Norwegian will has no bearing on those assets. He needs a will made out in Thailand.

EDIT: I suggest that he gets a copy of the woman's ID card and passport, and a copy of her address book and phone number. This will ensure correct legal identification for the executor and allow easy contact.

If he leaves something to "Noi" that works at the hotel next to the family Mart on Soi 7, the executor will not be happy - must have the full legal Thai name and address details.

Can you please qualify what you are saying above. IE If I have a bank account in Thailand but my UK written will says all my possessions, or similar wording, is left to someone in Thailand why that is not sufficient? Who else or where else would the money go?

My understanding under UK law is that all my assets would have to be added together for IHT (inheritance tax) wherever they may be located as I am still domiciled although non resident. If I have misunderstood that then great and I will be writing a Thai will very shortly thumbsup.gif However irrespective of IHT do you really have to have two wills?

I further understand property is different but for purely cash or valuables?

Without getting too complex, inheritance law in England is different from Scotland. Scots should be aware of that but that is for a different day.

Any will can be contested, for example, you may have a family member that's estranged that will take a flyer at trying to get your money. If you suspect that there is a family member malicious enough to do that then the trick is to effectively validate the will every three years.

When the will lands in front of a judge, he can see that your wishes were consistent over the course of say 10 / 15 years and in England, that makes the will effectively unbreakable.

It might sound a bit anal, but some families do have serious problems like this.

Inheritance tax planning, the seven year rule comes in to play, the current band for exemption is £325,000. That's far too low and particularly unfair on many English families due to the ridiculous increase in valuations of their homes.

You will need to speak to a lawyer and or accountant as if you don't have provision made to pay any inheritance tax due, then you will cause a serious problem. Then relying on your Thai loved one's to raise the money to cover the liability and to deal with the Inland Revenue will only cause a river of grief.

I strongly advise professional advice in the UK, I've seen a few calamities over the years. Due to that I have issued 7 copies of my will to my lawyer, accountant, sisters, and friends. They also have duplicates of my birth certificate and my divorce papers.

Incidentally, it is a good idea to revisit your will every three years and keep your asset information up to date. A friend of mine died suddenly without a will, he lived with his 77 year old mother after his divorce. His mother was unaware that he had an investment of £102,000 until 8 months after his death the annual statement came in. That was a double shock, as when she went to get the money released the company ( rightfully ) would not release it until they had a copy of his divorce papers. She couldn't find them and worried herself sick about it, it hadn't occurred to her to get a duplicate from the court.

I knew that man well and he didn't mean to do that to his mother, just a little bit of forward planning saves a lot of aggravation.

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He can make a will in Norway and have beneficiaries in any country in the world. His executor is legally bound to ensure the bequests are carried out.

If he has assets in Thailand, his Norwegian will has no bearing on those assets. He needs a will made out in Thailand.

EDIT: I suggest that he gets a copy of the woman's ID card and passport, and a copy of her address book and phone number. This will ensure correct legal identification for the executor and allow easy contact.

If he leaves something to "Noi" that works at the hotel next to the family Mart on Soi 7, the executor will not be happy - must have the full legal Thai name and address details.

Can you please qualify what you are saying above. IE If I have a bank account in Thailand but my UK written will says all my possessions, or similar wording, is left to someone in Thailand why that is not sufficient? Who else or where else would the money go?

My understanding under UK law is that all my assets would have to be added together for IHT (inheritance tax) wherever they may be located as I am still domiciled although non resident. If I have misunderstood that then great and I will be writing a Thai will very shortly thumbsup.gif However irrespective of IHT do you really have to have two wills?

I further understand property is different but for purely cash or valuables?

Without getting too complex, inheritance law in England is different from Scotland. Scots should be aware of that but that is for a different day.

Any will can be contested, for example, you may have a family member that's estranged that will take a flyer at trying to get your money. If you suspect that there is a family member malicious enough to do that then the trick is to effectively validate the will every three years.

When the will lands in front of a judge, he can see that your wishes were consistent over the course of say 10 / 15 years and in England, that makes the will effectively unbreakable.

It might sound a bit anal, but some families do have serious problems like this.

Inheritance tax planning, the seven year rule comes in to play, the current band for exemption is £325,000. That's far too low and particularly unfair on many English families due to the ridiculous increase in valuations of their homes.

You will need to speak to a lawyer and or accountant as if you don't have provision made to pay any inheritance tax due, then you will cause a serious problem. Then relying on your Thai loved one's to raise the money to cover the liability and to deal with the Inland Revenue will only cause a river of grief.

I strongly advise professional advice in the UK, I've seen a few calamities over the years. Due to that I have issued 7 copies of my will to my lawyer, accountant, sisters, and friends. They also have duplicates of my birth certificate and my divorce papers.

Incidentally, it is a good idea to revisit your will every three years and keep your asset information up to date. A friend of mine died suddenly without a will, he lived with his 77 year old mother after his divorce. His mother was unaware that he had an investment of £102,000 until 8 months after his death the annual statement came in. That was a double shock, as when she went to get the money released the company ( rightfully ) would not release it until they had a copy of his divorce papers. She couldn't find them and worried herself sick about it, it hadn't occurred to her to get a duplicate from the court.

I knew that man well and he didn't mean to do that to his mother, just a little bit of forward planning saves a lot of aggravation.

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He can make a will in Norway and have beneficiaries in any country in the world. His executor is legally bound to ensure the bequests are carried out.

If he has assets in Thailand, his Norwegian will has no bearing on those assets. He needs a will made out in Thailand.

EDIT: I suggest that he gets a copy of the woman's ID card and passport, and a copy of her address book and phone number. This will ensure correct legal identification for the executor and allow easy contact.

If he leaves something to "Noi" that works at the hotel next to the family Mart on Soi 7, the executor will not be happy - must have the full legal Thai name and address details.

Can you please qualify what you are saying above. IE If I have a bank account in Thailand but my UK written will says all my possessions, or similar wording, is left to someone in Thailand why that is not sufficient? Who else or where else would the money go?

My understanding under UK law is that all my assets would have to be added together for IHT (inheritance tax) wherever they may be located as I am still domiciled although non resident. If I have misunderstood that then great and I will be writing a Thai will very shortly thumbsup.gif.pagespeed.ce.dtxKiAJ9C7.gif However irrespective of IHT do you really have to have two wills?

I further understand property is different but for purely cash or valuables?

Without getting too complex, inheritance law in England is different from Scotland. Scots should be aware of that but that is for a different day.

Any will can be contested, for example, you may have a family member that's estranged that will take a flyer at trying to get your money. If you suspect that there is a family member malicious enough to do that then the trick is to effectively validate the will every three years.

When the will lands in front of a judge, he can see that your wishes were consistent over the course of say 10 / 15 years and in England, that makes the will effectively unbreakable.

It might sound a bit anal, but some families do have serious problems like this.

Inheritance tax planning, the seven year rule comes in to play, the current band for exemption is £325,000. That's far too low and particularly unfair on many English families due to the ridiculous increase in valuations of their homes.

You will need to speak to a lawyer and or accountant as if you don't have provision made to pay any inheritance tax due, then you will cause a serious problem. Then relying on your Thai loved one's to raise the money to cover the liability and to deal with the Inland Revenue will only cause a river of grief.

I strongly advise professional advice in the UK, I've seen a few calamities over the years. Due to that I have issued 7 copies of my will to my lawyer, accountant, sisters, and friends. They also have duplicates of my birth certificate and my divorce papers.

Incidentally, it is a good idea to revisit your will every three years and keep your asset information up to date. A friend of mine died suddenly without a will, he lived with his 77 year old mother after his divorce. His mother was unaware that he had an investment of £102,000 until 8 months after his death the annual statement came in. That was a double shock, as when she went to get the money released the company ( rightfully ) would not release it until they had a copy of his divorce papers. She couldn't find them and worried herself sick about it, it hadn't occurred to her to get a duplicate from the court.

I knew that man well and he didn't mean to do that to his mother, just a little bit of forward planning saves a lot of aggravation.

Hi TB - presupposing your post was directed at me you make some solid points all of which I believe I am already covered on thanks :-)

As regards to asset information I would suggest that you need to update to your executor(s)as it changes and not have baked into a will.

However if anybody knows I would still like someone to answer/clarify the actual point I queried....

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