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Being in a similar position with a Thai partner who has HIV I have found there is no problem with getting medication here-the Thai cocktail of drugs has worked perfectly well for my partner for at least 15 years now. We pay about 3000 baht per month to get the drugs from a private clinic . The drugs can be obtained for a minimal amount from public hospitals all over Thailand-some ask the recipients to do some communal work to help defray the cost. What is certain is that there is no need to import expensive American drugs. Fifteen years ago it was a different story and I was paying 20,000 baht per month for imported drugs-but not now.

I hope this helps.

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Ian was of sound mind, only problem being he didn't expect to die, if he had any clue, he would likely have told me (wouldn't have wanted to worry Thai partner) and give me details of where his will was, who he wanted told etc.

So what help are you exactly asking ?
The house and everything in his friends name belongs to his friend. You say you already know his wishes so do it ! The Thai friend, man or lady was his partner so try to provide what you can for them. A will may or may not have been written.
Cross the Ts and dot to Is and your job is done.
People on TV including myself sometimes feel that people who do not live here can sometimes think that a person's life here and their family does not equal the same as in their home country... not the case. Our partners here do matter and they should be respected and not taken advantage of. Based on your topic title you shown little knowledge on Thailand and appeared as thou you were looking to claim ownership of the house and somehow pay taxes ??? I think all responses are the same ....

reading along the lines,every time the op has been asked did he do this and that he comes up with,cant speak thai,too ill to go,and his partner done it ect.ect.ect. if as the op.says he has been his close friend could he have been a spurned partner

who maybe wants his share.

You mean reading between the lines, and most likely the lines of another thread, because none of those things have been mentioned in the thread, at least not in the way you imply.

I'm not an ex partner, as I mentioned earlier, Ian has been an awesome friend and when I really needed someone, he was there.

Being from the UK myself.

I can understand there are many sound guys who would do this for a friend.

However your story has more twists and turns than the back alleys in klong toey.

I feel you want to prove the house was bought with his money .

And also feel you can take it back .

Also now you mention you know where all his money is kept and which banks.

You make out your naive to Thailand and it's laws and ways.

This I do not believe .

There is more to this story than your letting on.

I do hope I'm wrong.

Wether his partner is male or female is not important.

If Ian decided to be with him. And don't have any close family in the UK.

Then all assets should go to his partner. Irellevent if he's thai .male.

Don't mess with the dead.

It'll come back and haunt you one day


Sent from my SM-N9005 using Thaivisa Connect Thailand mobile app

Yes, a lot of twists and turns, because the thread has evolved in real time.

No, I don't want the house, I explained earlier that I just wanted to be aware of Thai law regarding property and gifts, after all, if inheritance tax were applicable in Thailand, the threshold would be considerably lower than in the UK, so I had to find out what I could.

Something some members may be missing here, at any point the family could lay claim to Ian's assets in both Thailand and the UK (I know, not the house/land), and I needed to be aware of what was at risk so I could tell the Thai partner, they haven't yet, I found out today that nobody has requested the death certificate.

Ian has very distant family in New Zealand, but they're blood relatives and will get all Thai and UK assets if no will is found, where assets should go and where they end up are too often not the same, Ian wanted most of his money to go to his Thai partner, and I'm doing everything I can to make sure that happens.

Helping the dead isn't messing with them, it's would only come back to haunt me if I didn't do everything in my power to help Ian's wishes come true.

Suggestion Steven...once you arrive, secure the services of a Thai Lawyer, whether it be a new one or the one your friend used. Then expect to be here for several months. Be prepared for a long wait. Things move very slowly in Thailand. No one on this board can give you legal advice anyway. They don't have a work permit! But they do know from experience what they have been trying to tell you from the start. I don't need to repeat it all. It will be up to his partner to fight the legal system on his own. Thai authorities will entertain you as his friend but have no obligation to help you unless you have a certified document stating so. Just be prepared for a cold shoulder and a non response. Nice that you are trying to help your friend. Good luck.

Thanks for the reply, I do understand what your saying, the thing is, I don't need a Thai lawyer (well, I do, but I'll go into that in a later post), I only want to find the Will, or find details of Ian's solicitor (as he'll have the Will), or take home a officially translated and stamped English language copy of the death certificate (needed to search for his solicitor/will on a database of registered Wills.

All I want is to find the Will, any other ideas are purely the imagination of a couple of TV members.

Pattaya1234was, Thanks for the really helpful reply, we've got to go to meet someone now, so I'll reply in detail later.

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Have you not thought that what you are doing interpreting the Thai situation in UK terms is not helping him but putting him at risk.

The embassy has already passed it to the Thai authorities who have appointed him executor in terms of the furner.al. This puts him in a good position to apply to the office in the court for the administration papers as exector of the estate. I do think he needs a Thai lawyer though you may not.

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the house and land is her's, probably as is any vehicles and bank accounts, so no inheritance tax to pay.

unless he has any bank accounts i would save the trip

Now there's a good point.

A vehicle (if in farang's name) and any bank accounts (in farang's sole name) are subject to the conditions of the Will, and don't automatically go to the Thai partner.

I froze all UK bank accounts and stopped his 2 pensions (worryingly, all without a death certificate), the Thai authorities froze his Thai bank accounts after the partner reported the death to the Thai consulate.

I've another question if you all don't mind.

The Thai partner said Ian had to pay 800,000Baht to get his retirement visa, as a kind of retainer or insurance or something, will this be refundable?

oy, I expect by now you've leaned that's the amount he had to have to get the visa............. not pay.

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The house will have been bought in the Thai partner's name - and you said it was in 2006, so even though your friend's money was used, it's over 7 years ago.

Without a will, things like bank accounts will go to relatives, not the partner. However, it sounds like your friend may have expected to outlive his partner as the partner is the one on medication, and may have never made a will for that reason.

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Under Australian law someone applying for probate must advertise first - to notify others and give the opporunity for a later will to surface. I am not sure of the laws in Thailand, but maybe something similar. This is why it may be a good idea to contact a lawyer straight up.

Also consider perhaps there is no will. Like dieting everything intends to get around to writing one but most don't.

Under English law relatives may have a claim against the house, but enforicing this in Thailand just won't happen.

Bankei

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Meatboy, how can I be helping myself, what's in the Will IS ALREADY in the Will, there's nothing I can do to change that, and absolutely wouldn't want to change it, but it still remains, if no will found, Thai partner gets nothing, at least there's only 1 'i' to dot and 1 't' to cross in nothing.

ttthailand, I don't claim to know much about Thailand or it's laws, that's why I ask questions on this forum, I agree the title of the thread isn't perfect, I wanted to get people's attention, and wanted to learn as much as I could before I went to Thailand, and I had extremely limited time, I now understand from this thread that the land and property in Thailand can't be touched by the authorities, and that if some official tries to tell me or the Thai partner something different, then I know they could be up to no good.

And that's the point of such forums, to get some brief advice that may be useful before setting off to Thailand.

I feel silly having to say this, my efforts to help this Thai man should show that I respect any relationship and lifestyle choice, I actually helped Ian make his mind up to sell his house in the UK and move to Thailand, he was worried about the friends he was leaving behind, but I knew he'd be happy in Thailand and he'd worked all his life and deserved a happy retirement.

The partner keeps the house and land, and everything in the house and on the land, as it's his already. If there's no will, the UK relatives will get any savings and UK assets. However, if the partner has withdrawn money from the deceased's accounts via ATM since his death, or spent any money that was in the house, this will be unrecoverable.

To be fair, if he'd wanted the partner to have all his money he'd have left a will stipulating that. If the partner knows of no will, and can't find one in the house, then it's pointless to travel over and start rummaging through the house. You may well find you aren't a welcome guest. The UK authorities will recover money in his accounts and any UK assets, and the relatives will inherit accordingly.

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First of all i’m not from the UK so i don’t know how things work in the UK. But are you sure that he even had a solicitor? I’m 40 and I only needed one 1 time in my life and that was when I bought my house and he was only involved in the sales documents.

But I’m sure that the UK are not too different from Denmark and you must have a court that handles these kinds of things. Get the death certificate translated and verified and take it to the court, then they would properly appoint a solicitor to handle the proceedings.

Also check if UK law has a clause about partners that live together without being married. I would expect that you could find rulings to verify this. If there are then gather all the documentation that he been living with his partner for many years and get them translated to English.

Then hand over the information you have regarding the banks etc to the solicitor.

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Thai partner says Ian (my friend) couldn't visit local Amphur on his own as Amphur doesn't speak English (and Ian spoke only a few words of Thai), and that he never took Ian to see local Amphur.

They used a Thai solicitor at the time whey purchased house and land in Thailand, Thai partner says Ian never went to see Thai solicitor on his own and never mentioned a Will in any of their visits, he also says I can speak with Thai solicitor tomorrow.

So it seems very unlikely that Ian had a Will (or Thai copy of English Will) in Thailand.

Just to clarify - Ian's partner is a male?

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I'm astonished at some of the replies and ask people not to judge by your own standards.

The Thai partner is actually a 45 year old man, I didn't say that earlier because I want useful replies without prejudice.

The Thai partner begged me to come to Thailand to help him because he didn't know what to do and Ian had told him that I would help and make sure he was OK.

I know exactly what ian had in each bank account, and the value of his shares and other financial arrangements, as I said earlier, I handled his paperwork in the UK.

I know exactly how he wanted his assets shared out, with the vast majority going to the Thai partner, and I will do everything in my power to make sure his last wishes are granted, and the Thai partner gets everything ian wanted him to have.

But knowing isn't enough, without the Will, the Thai partner gets nothing, or should I say a BIG FAT NOTHING (it'll be interesting to see if the replies about 'Thai girl getting everything' change now it's a Thai man)

Under Thai law, as well as English law, everything goes to Ian's family as he was not married and had no children, the Thai partner will keep the house, land and car as all were purchased in his own name, but because of medication costs, he'd be forced to sell the land (it's also the land the Thai partner's mother's house is on) and the house, and even the funds raised from the sales wouldn't keep him going for ever.

I don't know who Ian's solicitor is, I can't find any paperwork (in UK or Thailand) that could lead to the solicitor.

I'm not sticking my nose where it doesn't belong, I'm actually trying to help and have only 4 working days remaining until I need to fly home for work, so I'm trying everything I can think of to get leads, and I freely admit, I'm out of my depth here, this was a bolt out of the blue and I had to choose between jumping right in or making a few inquiries and saying that I'd done all I could, I know Ian would have stopped at nothing to help me, and has done in the past, so now it's payback time.

As I said earlier, don't judge others by your own standards, your posts help other members judge your overall character and can come back to haunt you if ever you need serious help on a forum.

Question answered

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As I understand things. House, land, car in Thailand belong to the boyfriend and are not part of your friends estate. The rest of his estate (cash, including cash in Thai bank, stocks and any non Thai property) are covered by British law. If you cannot find a will bequeathing these assets to the boyfriend then he is considered to have died intestate and they will be distributed according to UK law since he is still a UK citizen. I am not familiar with intestate rules in the UK by I expect the thai bf can submit a claim. If there are surviving relatives somewhere then they can contest his claim. Then it goes to Court and the lawyers get most of the money leaving a little bit left over for which ever side wins.

I can understand you and the bf's need to find a will.

If he is able to present evidence it was a genuine domestic partnership I think his case is strong., but you will need documentation at lots of it.

If your time is limited then you need photographs, videos, stat decs from friends and families, joint bank accpunt if they had one tto present to the probate court.

Sent from my GT-N7100 using Thaivisa Connect Thailand mobile app

Edited by ironbark
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Unfortunately Uk law on Uk Citizens apply to there wordily assets. If you care to Google Richard Burton you will see why. Gifting capital to purchase a property, although the property is no longer in your name, is still a gift. Normally there is no IHT between husband and wife, however if your partner is non domicile then there is only a small allowance, from memory around 55,000 GBP (this is on top of the NRB which is currently 325,000GBP). If the person has a will in the UK then the burden is upon the Executors to prove where the assets are. The UKs financial affairs mean that the Taxman is no investigating more cases than ever.

There are legal financial instruments that can help reduce the impact of Inheritance Tax. Buying a property overseas and giving it away is not one of them, although t does muddy the waters. Achieving Non-Domicile status also allows you to avoid any Inheritance Tax, although to achieve this you must break all links with the UK. No assets, no bank accounts……..and as Richard Burton found out…..not even a burial plot, as then it is clearly your intention to return.

The gift allowance is an annual allowance, that can only be rolled up for 2 years. Tapering relief is allowed on gifts, reducing the impact of the taxation, however the Inland Revenue, take any gifts back into your estate placing the oldest ones at the bottom. So those that qualify for the greatest relief also use up your Nil Rate Band, leaving the rest of your estate to be taxed at 40% over the threshold. I do understand the Thai lawyers perspective, that It is not in UK, so cannot be taxed, however, they will not tax the actual property and the burden is once again on the executors of his will. Ask any American if living overseas means they avoid Tax, they will probably quote FATCA Foreign Account Tax Compliance Act. More and more countries are trying to adopt this attitude of "you are our citizen you will pay taxes to us wherever you are"

This in not specific to this case, just general information that I used in a previous (recent) life.

If there is no estate in the UK, then there is likely to be little problem, as the Inland Revenue have no cash to take their cut from. I am sure the cost, both financial and the bad press, of trying to prize it out of a Thai family would not make sense.

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This really isn't a place to ask for help is it,

Without any proof that he is intent on robbing the body, getting his fare paid to come over, taking advantage of his mates girlfriend--(before we found out it wasn't a girl)

---- Most people have been quite hard on that guy....IMO

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@dawsonuk ... if the thai bf can prove a genuine domestic relationship is that not the same as passing the estate to the wife as far as tax implications?

Sent from my GT-N7100 using Thaivisa Connect Thailand mobile app

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I am interested to learn that you were able to arrange to freeze your friend's bank accounts and to cancel your friend's 2 pensions. In other words, that the authorities were prepared to act on your instructions, with no death certificate present. Do you have notarised Power of Attorney for your deceased friend?

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The extra inheritance tax liability fallls upon the estate first not the recipient of the gift. It will be up to the executor of the will to sort out.

However it sounds like the deceased was not ordinarily resident in the UK for tax purposes and probate may not be applied for in the UK so the liability may not arise.

I do not think residency is the issue here. It depends on your domicile status. It is far more difficult to establish non-domiciled status than it is to become non-resident. If you still maintain contacts with your country of birth i.e. UK you can still be considered domiciled in the UK and subject to UK inheritance tax.

The only way England could get tax is if the deceased has assets ,home, property,bank accounts in England. Without a will in GB the court will decide who IN England that are relatives get the money. If he had a will in Britain then he could have stipulated if his Thai partner got anything. If not will be devided among his relatives.

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To OP:

There is no inheriting tax in Thailand – to my knowledge and from what I’ve read in book by Thai lawyers – and no gift tax.


There is a small tax and fee (a few percent in total) on land/property when transferred to another name/owner at Land Office.


Money and value in Thailand will normally be considered under Thai Law, but you will need to check that with a lawyer.


The house and land in question is sole property of your deceased friend’s Thai partner, as a foreigner cannot own land, and in your opening post already state, that the partner is the (legal) owner. If land ownership is registered at the Land Office (higher level deed) and the money may have come from a foreigner, than the foreigner sometime has to sign a document that the money belongs to the Thai spouse and he has no rights. I don’t think British law or gift tax can apply to any gift already given abroad (in Thailand) to foreign national (Thai), however you better check with a British lawyer, if there may be problems from heirs in Britain. Only thing I can think of being a problem is, if your deceased friend had his spouse to sign a loan document, and that document has been noted by the Land Office on the back of the Land Deed (mortgage servitude) – sometimes used as an instrument to secure a foreigners money when buying land in a Thai’s name.


OP: »I have no idea who tells who anything after an English farang dies in Thailand, or if, when or how the process starts to find his Will or solicitor in the UK, for all I know, the solicitor may have already been contacted, and if they're the executor, they could have already started trying to sort out the Will.«


Normally the homeland embassy will be informed immediately by Thai authorities, they also freeze (known) Thai bank accounts.


An official (Civil Documented) Will can be (but shall not) left on file at the district office [Thai Law for Foreigners, Paiboon Publ., page 78].

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The fare to Thailand was raised via a crowd funding website.......only joking.

Of course I'm paying my own fare, this man was a fantastic friend for 32 years, and a friend when I really needed him, the very least I can do is try to sort out this mess, though I admit, not a single friend in the UK thinks I can achieve anything by going, but as all the leads have lead nowhere, I can either do nothing or go to Thailand.

From everything you said so far, I seriously wonder if you're the best person to sort all this out. No Thai lawyer, no matter how decent his/her English is, will have a clue what you're going on about if you approach it as you have in this thread. And if it reaches a court, nothing you have to say will do more than provide comic relief.

Whatever he may or not have in Thailand is governed by Thai law and from the sound of it, most of the real property was already in the Thai lady's name so there's nothing that needs to be done about that. Anything to do with taxes would be way beyond your mandate, if you have one. Since this person was a friend, you may find you have no legal standing to even enquire about a will or to ask for its details if it is found.

Anything that may have been his back in farang land is not governed by a Thai will or Thai law. You should spend sometime to see if he left any instructions or a will there. If not, the inheritance will go to whoever is eligible by farang law unless they get charitable and decide to send some to the Thai lady.

If he put Baht 800,000 in an account in order to get a retirement extension, it would have to be solely in his name to satisfy most immigrations officers, so it's unlikely to be a joint account, but most people use those funds for living expenses during the year and replenish them when needed for the next annual application at Immigrations. So any balance is quite likely considerably less than Baht 800,000 and, without a will it would be up to a Thai court to decided what happens to it.

Not really sure what you hope to accomplish by coming here, but I expect it'll end up being a disappointing undertaking except for those who tried to talk sense to you about not coming here in the first place, good intentions aside.

Edited by Suradit69
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Have you not thought that what you are doing interpreting the Thai situation in UK terms is not helping him but putting him at risk.

The embassy has already passed it to the Thai authorities who have appointed him executor in terms of the furner.al. This puts him in a good position to apply to the office in the court for the administration papers as exector of the estate. I do think he needs a Thai lawyer though you may not.

Not helping him, and waiting for the family to lay claim to all assets, certainly would not be the best option.

It is true that he's in a good position to lay claim to the money in the Thai banks, but as that totals only just over 800,000 baht, it's perhaps best to think long term, the 800,000 won't go far because of his high medication costs, and if no Will is found, the family gets the lot, and the Thai partner can do nothing about assets in the UK, if all else fails, I can try to appeal to the family to consider giving the Thai partner what Ian would have wanted him to have, it's a long shot, but it may work.

Now, what if they find out the Thai partner has just stripped all assets in Thailand, assets they may consider should have belonged to them, any appeal to the family would likely fall on deaf ears.

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oy, I expect by now you've leaned that's the amount he had to have to get the visa............. not pay.

Yes, one of the problems with long distant telephone calls between people who speak different languages is there are often misunderstandings, and there were a lot of them, face to face talking is so much easier and more productive.

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The house will have been bought in the Thai partner's name - and you said it was in 2006, so even though your friend's money was used, it's over 7 years ago.

Without a will, things like bank accounts will go to relatives, not the partner. However, it sounds like your friend may have expected to outlive his partner as the partner is the one on medication, and may have never made a will for that reason.

He did expect to outlive his partner, and had no clue as to what was about to happen.

He definitely had a Will the last time I spoke to him about it, he had left me something substantial in it, and was concerned that his finances would substantially change if he sold his house and moved to Thailand, I told him he should move and joked that I'd be dead before him, and given our lifestyles at the time, he likely believed me, he then sold the house (I'd imagine that would require him to change his Will) and moved to Thailand, not long after, he discovered his Thai partner had aids, and the good man he is, he promised to look after him, a couple of years ago I said to Ian that he needs to make sure the medication costs could be met if anything were to happen to Ian, but he never replied.

I'd be astonished if he'd decided against leaving a will, he was so organised, I'm guessing that he thought he'll tell someone where it is, and just kept putting it off.

A crazy guess, but little makes sense in all of this.

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If the partner knows of no will, and can't find one in the house, then it's pointless to travel over and start rummaging through the house. You may well find you aren't a welcome guest.

I already said that the Thai partner begged me to come and help him, and has made me more welcome than I ever imagined, he's a really nice guy.

I'll post later on if this has been a wasted trip, but within 10 minutes of arriving, I had the name of Ian's estate agent, it was pictures of ian's house to the Thai partner, it was just what I come to Thailand to find.

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As I understand things. House, land, car in Thailand belong to the boyfriend and are not part of your friends estate. The rest of his estate (cash, including cash in Thai bank, stocks and any non Thai property) are covered by British law. If you cannot find a will bequeathing these assets to the boyfriend then he is considered to have died intestate and they will be distributed according to UK law since he is still a UK citizen. I am not familiar with intestate rules in the UK by I expect the thai bf can submit a claim. If there are surviving relatives somewhere then they can contest his claim. Then it goes to Court and the lawyers get most of the money leaving a little bit left over for which ever side wins.

I can understand you and the bf's need to find a will.

If he is able to present evidence it was a genuine domestic partnership I think his case is strong., but you will need documentation at lots of it.

If your time is limited then you need photographs, videos, stat decs from friends and families, joint bank accpunt if they had one tto present to the probate court.

Sent from my GT-N7100 using Thaivisa Connect Thailand mobile app

Thanks for the information.

The Thai Partner has loads of documentary evidence of their time together, including a stable address for all his retirement visas, and many letters etc. from his Thai doctor (both had same doctor), we took it all to a Thai solicitor today and he said it was more than enough.

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Unfortunately Uk law on Uk Citizens apply to there wordily assets. If you care to Google Richard Burton you will see why. Gifting capital to purchase a property, although the property is no longer in your name, is still a gift. Normally there is no IHT between husband and wife, however if your partner is non domicile then there is only a small allowance, from memory around 55,000 GBP (this is on top of the NRB which is currently 325,000GBP). If the person has a will in the UK then the burden is upon the Executors to prove where the assets are. The UKs financial affairs mean that the Taxman is no investigating more cases than ever.

There are legal financial instruments that can help reduce the impact of Inheritance Tax. Buying a property overseas and giving it away is not one of them, although t does muddy the waters. Achieving Non-Domicile status also allows you to avoid any Inheritance Tax, although to achieve this you must break all links with the UK. No assets, no bank accounts……..and as Richard Burton found out…..not even a burial plot, as then it is clearly your intention to return.

The gift allowance is an annual allowance, that can only be rolled up for 2 years. Tapering relief is allowed on gifts, reducing the impact of the taxation, however the Inland Revenue, take any gifts back into your estate placing the oldest ones at the bottom. So those that qualify for the greatest relief also use up your Nil Rate Band, leaving the rest of your estate to be taxed at 40% over the threshold. I do understand the Thai lawyers perspective, that It is not in UK, so cannot be taxed, however, they will not tax the actual property and the burden is once again on the executors of his will. Ask any American if living overseas means they avoid Tax, they will probably quote FATCA Foreign Account Tax Compliance Act. More and more countries are trying to adopt this attitude of "you are our citizen you will pay taxes to us wherever you are"

This in not specific to this case, just general information that I used in a previous (recent) life.

If there is no estate in the UK, then there is likely to be little problem, as the Inland Revenue have no cash to take their cut from. I am sure the cost, both financial and the bad press, of trying to prize it out of a Thai family would not make sense.

Thanks for the detailed information, very useful, I'm confident the Thai partner's house and land are not worth enough to attract much attention from the UK.

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the house and land is her's, probably as is any vehicles and bank accounts, so no inheritance tax to pay.

unless he has any bank accounts i would save the trip

Now there's a good point.

A vehicle (if in farang's name) and any bank accounts (in farang's sole name) are subject to the conditions of the Will, and don't automatically go to the Thai partner.

I froze all UK bank accounts and stopped his 2 pensions (worryingly, all without a death certificate), the Thai authorities froze his Thai bank accounts after the partner reported the death to the Thai consulate.

I've another question if you all don't mind.

The Thai partner said Ian had to pay 800,000Baht to get his retirement visa, as a kind of retainer or insurance or something, will this be refundable?

He don't pay 800.000 bath to get retirement visa but need to show a bank account in his name with 800.000 to apply for 1 year retirement visa. I guess the money is refundable since it's on his bank AC.

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I am interested to learn that you were able to arrange to freeze your friend's bank accounts and to cancel your friend's 2 pensions. In other words, that the authorities were prepared to act on your instructions, with no death certificate present. Do you have notarised Power of Attorney for your deceased friend?

No, I have no Power of Attorney, I was amazed I could close the bank accounts and stop the pensions without PoA or a death certificate.

If you ever want to mess up someone's life....

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