upon Death

Thailand laws, tips and advice.
User avatar
trubrit
udonmap.com
Posts: 6162
Joined: March 16, 2008, 12:30 pm
Location: Having a good time .

upon Death

Post by trubrit » January 14, 2012, 10:15 am

nkstan wrote:
]My stepdaughter is my sole heir in Thailand.I told her the same,If I die,before notifying anyone,take the bank book and the ATM card and empty the accounts!
Stan's post raises a virtual legal minefield for the unwary where the natural children of an ex wife is concerned. A step child is only related to you by virtue of marriage to the parent. If that marriage is terminated by divorce the 'step' is also broken. The child has no legal connection to you unless you proceed with a full adoption. Therefore even if you will your assets to it ,any 'natural' heirs, children or grandchildren could, if aware and so minded, contest the inheritance.Even why your bank account was emptied after your death.
Ageing is a privilige denied to many .

lepidoptra
udonmap.com
Posts: 568
Joined: October 18, 2008, 1:46 pm

upon Death

Post by lepidoptra » January 14, 2012, 11:40 am

trubrit wrote:Even why your bank account was emptied after your death.
Hi Trubrit
As you are probably aware it is a criminal offence to use an ATM card of a deceased person (UK Law)
I would think the same applies in Thailand or maybe you can correct me. :D

User avatar
trubrit
udonmap.com
Posts: 6162
Joined: March 16, 2008, 12:30 pm
Location: Having a good time .

upon Death

Post by trubrit » January 14, 2012, 11:59 am

lepidoptra wrote:
trubrit wrote:Even why your bank account was emptied after your death.
Hi Trubrit
As you are probably aware it is a criminal offence to use an ATM card of a deceased person (UK Law)
I would think the same applies in Thailand or maybe you can correct me. :D
Quite correct, as I said , a virtual legal minefield. I was only addressing the family inheritance side but as you point out there are laws being broken that could involve criminal action be taken . Not a nice legacy to inherit .
Ageing is a privilige denied to many .

Bonanza
udonmap.com
Posts: 251
Joined: September 16, 2012, 9:08 pm

upon Death

Post by Bonanza » February 11, 2015, 2:24 pm

Different countries have different rules. This is for the information of UK citizens.
JimboPSM wrote:To try and avoid international border problems and hopefully keep things as simple as possible, I have arranged for the disposition of my assets according to their location.

In broad terms:
• All my UK assets are to be disposed of in the UK.
• All my Thailand assets are to be disposed of in Thailand.
I have recently finally completed sorting out the 'Will' of a British friend who died in Udon three years ago. I encountered no problems here in Thailand, with the few assets that were in his name quickly being transferred to his wife. The problem arose in the UK because his will stated that "All my several assets in Thailand shall be to my wife (name) without condition". In order to access his UK bank assets, the bank requires copy of the legal 'Probate' of the will. Probate cannot be completed without a certificate that all relevant taxes have been paid on the estate of the deceased. Under UK law a person's estate includes world wide assets (unless they are legally Non-domiciled as opposed to non-resident), and as he had referred to his 'assets in Thailand' in his will, the UK treasury wanted these included in his estate for tax purposes. On behalf of his widow I had to produce endless papers showing that everything in Thailand was hers anyway ie that his quoted "All my several assets" amounted to nothing.

Following this experience, I have made two separate wills, which are definitely NOT cross referenced.

User avatar
semperfiguy
udonmap.com
Posts: 1855
Joined: July 16, 2010, 12:49 pm
Location: Udon Thani, Thailand

upon Death

Post by semperfiguy » February 11, 2015, 2:41 pm

Bonanza wrote:Different countries have different rules. This is for the information of UK citizens.
JimboPSM wrote:To try and avoid international border problems and hopefully keep things as simple as possible, I have arranged for the disposition of my assets according to their location.

In broad terms:
• All my UK assets are to be disposed of in the UK.
• All my Thailand assets are to be disposed of in Thailand.
I have recently finally completed sorting out the 'Will' of a British friend who died in Udon three years ago. I encountered no problems here in Thailand, with the few assets that were in his name quickly being transferred to his wife. The problem arose in the UK because his will stated that "All my several assets in Thailand shall be to my wife (name) without condition". In order to access his UK bank assets, the bank requires copy of the legal 'Probate' of the will. Probate cannot be completed without a certificate that all relevant taxes have been paid on the estate of the deceased. Under UK law a person's estate includes world wide assets (unless they are legally Non-domiciled as opposed to non-resident), and as he had referred to his 'assets in Thailand' in his will, the UK treasury wanted these included in his estate for tax purposes. On behalf of his widow I had to produce endless papers showing that everything in Thailand was hers anyway ie that his quoted "All my several assets" amounted to nothing.

Following this experience, I have made two separate wills, which are definitely NOT cross referenced.
Bonanza, when you say you had no difficulties settling the Thai estate, does that mean that you were able to go directly to the source of the asset to be inherited and transfer it to the widow, or did you actually have to go to a local court and have the Will probated? I was told by the manager of my Thai bank that if I passed away my wife could walk in the bank with my Last Will and a Death Certificate and claim the money in my bank accounts.
"People sleep peaceably in their beds at night only because rough men stand ready to do violence on their behalf". - George Orwell

User avatar
Hoopoe
udonmap.com
Posts: 586
Joined: January 31, 2015, 5:15 pm

upon Death

Post by Hoopoe » February 11, 2015, 3:47 pm

Also 3 years ago i sorted out a friends banks , debts , belonging's etc , he died in Thailand no will,( what a cluster fck ,) i tried to cancel his bank accounts Uk , debit cards etc ,only to be met with " if your not the account holder you cannot freeze the account" even when i explain he'd died , some one was using his card's ,( ha friends ) 5 accounts some we did not know about ,in debt, . finally got the works pension for his wife here ,,,(they were very good ) but the BANK's bollocks , they eventually came back to me personally , ( must add i did everything in his wife's name as to stay anon )how they found me ??? to ask for my help in finalising everything ,i gave them the same they gave me , fck all ,bit of advise copy the death cert on a lazer printer , they dont know what's genuine , so you can deal with all gov & pensions at the same time , they all request original death cert ,hope this helps ,,,it took me 18 months to sort it all out ,

User avatar
Barney
udonmap.com
Posts: 2840
Joined: November 1, 2012, 5:51 am
Location: Outback of Nong Samrong Udon Thani

upon Death

Post by Barney » February 11, 2015, 4:14 pm

Interesting post from way back and got me thinking cap on now on a couple of fronts.
My death insurances are designated but my bank accounts are spread over 3 countries. My home country of aussie, not much there for non residency status, Singapore accounts has the bulk in 3 currencies, and naturally Thailand with personal and joint accounts. Not much in Thailand though as only use 30 day visa exempt for the past 3 years. Could be a nightmare for a Thai lady with no wedding ring on the finger sorting this all out, I should get my head around this and do something as I want my thai girl to have first crack.

But the big one is what if SHE goes first, mmmm, better get her ATM number so I can rush down and hit the payout button and hopefully the 3 cherries come up , as there's a bit of cash there at the moment waiting to build the house.

User avatar
jackspratt
udonmap.com
Posts: 10251
Joined: July 2, 2006, 5:29 pm

upon Death

Post by jackspratt » February 11, 2015, 4:32 pm

A hint for Aussies with superannuation/pension accounts in Australia.

My understanding (and I have structured accordingly) is that super/pension payouts from your estate to non-dependents eg grown-up kids, are taxable in their hands.

However, a payout to a dependent eg a Thai wife/kids, is tax free.

If you are in this situation, may well be worth getting professional advice. :D

User avatar
jackspratt
udonmap.com
Posts: 10251
Joined: July 2, 2006, 5:29 pm

upon Death

Post by jackspratt » February 11, 2015, 4:44 pm

To clarify the above - I am talking about lump sum payouts.

Bonanza
udonmap.com
Posts: 251
Joined: September 16, 2012, 9:08 pm

upon Death

Post by Bonanza » February 11, 2015, 7:48 pm

semperfiguy wrote: Bonanza, when you say you had no difficulties settling the Thai estate, does that mean that you were able to go directly to the source of the asset to be inherited and transfer it to the widow, or did you actually have to go to a local court and have the Will probated? I was told by the manager of my Thai bank that if I passed away my wife could walk in the bank with my Last Will and a Death Certificate and claim the money in my bank accounts.
Correct - Kasikorn bank accepted copy of Death Certificate and copy of Marriage Certificate endorsed by British Embassy (plus her Thai ID card), all sorted in no time!

Post Reply

Return to “Thailand Law”

Who is online

Users browsing this forum: No registered users and 0 guests