will in thailand for a thai/farang couple legally married in france?

[ngieen]

hello all. i am living together with my thai partner for 16 years in thailand. we are legally married in france

what are my legal option for financial arrangements, will, and so on to secure properties and assets we both own but are on his name here in thailand?

[isanbirder]

You can make a mutual will, but you need a lawyer to draft it.

[KED]

This is a really great reminder to all of us in a similar position. I had a 50ish expat who lived here in Thailand with his Thai partner of 10 years who died unexpectantly without a will - his Thai partner had a major headache trying to keep their assets.

[AyG]

By "properties" do you mean buildings? If so, even if left to you in your partner's will, you will have to sell within a year. Best to take out a Usufruct giving you the right to live in the property for the rest of your life should your partner die first.

Your use of the word "partner" makes me wonder whether this is a same sex marriage. If so, it won't be recognised in Thailand and you won't be able to inherit without a will leaving things to you. And if there is a will you'll be subject to income tax at up to 35% on what you inherit after the new inheritance and gift taxes are implemented. You might want to look into how to mitigate these taxes.

In any case, your partner needs to contact a lawyer to draw up a will stating how he'd like his estate to be distributed. There are various types of will in Thailand and a lawyer will be able to take him through the details.

[ngieen]

By "properties" do you mean buildings? If so, even if left to you in your partner's will, you will have to sell within a year. Best to take out a Usufruct giving you the right to live in the property for the rest of your life should your partner die first.

Your use of the word "partner" makes me wonder whether this is a same sex marriage. If so, it won't be recognised in Thailand and you won't be able to inherit without a will leaving things to you. And if there is a will you'll be subject to income tax at up to 35% on what you inherit after the new inheritance and gift taxes are implemented. You might want to look into how to mitigate these taxes.

In any case, your partner needs to contact a lawyer to draw up a will stating how he'd like his estate to be distributed. There are various types of will in Thailand and a lawyer will be able to take him through the details.

Thank you, yes, we are a same sex couple. all our bank accounts are under both of our names. by properties i am referring to our home, few parcels of land, cars and a small condominium we own both in thailand and france, naturally all the assets in thailand are registered on his name, and in france his rights are protected by marriage laws. so basically if i "go" first, he should face no legal problems (beside missing me)..... we are trying to figure out what would be the best solution to allow me to enjoy living and using the thai based assets in case he will depart before me. we both don't care who will own all after we both dead.... so beside a mutual will and usufruct is there anything else we should think of? i would also appreciate any recommendation of a trustable bangkok or chinagmai based lawyer who can help us set things legally right in thailand?

Edited November 24, 2014 by ngieen

[AyG]

A few random points:

- You say your partner won't have any legal problems. However, it could well be difficult for him to negotiate the French legal system - particularly if you don't have a French will. What I've done is prepare a pack giving detailed instructions of what will need to be done in the event of my death which I keep with my wills. (I have one for my home country and one for Thailand each covering my assets in that country.)

- Your biggest concern should be the tax changes coming up. There is some discussion of the problem at http://www.thaivisa.com/forum/topic/777125-the-injustice-of-the-new-thai-inheritance-gift-taxes/ but I don't think there's a solution there. In your situation I would consider selling the parcels of land (presuming they're of no use to you) and then putting the money offshore in a joint bank account. (On second thoughts a French bank account would probably do the job.)

- I don't know if you have a pension where the funds will be passed on to him on your death. If you do, you should look into the tax implications of this. (In my case my pension is held by a trust in Guernsey, and my partner is the nominated beneficiary on my death. At the moment I've no idea what the tax situation will be for that.)

- Given that you both don't care what happens to your wealth following the second death, might I suggest that you include a provision to leave your estates to Thai charity. This will be tax free. If you don't specify where the money goes it will go to relatives of the deceased who may be quite distant.

- I'm not sure why you need a mutual Thai will if all your Thai assets are in your partner's name. Only he needs a Thai will. (Do you really have no assets in your name here? Bank accounts perhaps? If so, you will need a Thai will.)

- To find a lawyer you might consider your Embassy's list http://www.ambafrance-th.org/Liste-d-avocats However, this isn't a difficult job and doesn't need an expensive lawyer. Shouldn't cost more than 10,000 Baht.

[AyG]

Just another thought:

- Do you have a yellow tabian baan with your name in it for each of your Thai properties*? If not you should get one. Otherwise it will be impossible to deal with the likes of electricity and water companies should your partner predecease you.

* Not sure if an individual can be in more than one tabian baan. You'd need to look into this.

[ngieen]

AyG

Your insights are very helpful. thank you for taking the time to share your advice !