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You are here: Home / Law & Politics / Inheritance Law in Thailand: Tax, Heirs, Wills & Probate – Who Gets Your Cash?

Inheritance Law in Thailand: Tax, Heirs, Wills & Probate – Who Gets Your Cash?

If you've been lucky enough to amass over 100 million Baht (approximately $3M), then your estate will be unlucky enough to be caught in Thailand's inheritance tax threshold.

Few of us have managed to squeeze that much out of our stay in Thailand, but there's a lot more to think about than that.

What if your wife dies before you? Do you benefit from her estate?

And what of single guys / girls who hold assets such as condos and cars in Thailand, who gets their greedy paws on those when you buy your farm in the sky?

And what if you die without a will (intestate)?

The fact is, few people know where they stand on such matters, thus the need for this article.

In this post, I'll explore the ins and outs of Thai inheritance tax law, including what happens to your assets if you die in Thailand, and what you stand to inherit if your wife/husband dies before you.

thailand inheritance tax

Image credit: Newsish.com

Who Pays Inheritance Tax in Thailand?

Unless you're sitting on $3m of money earned in Thailand, then your assets won't be subject to IHT.

If you are, your heirs will pay 5 or 10 percent – depending on their relationship to you – on anything over that amount

The law states:

The inheritance tax is 5 per cent for ascendants or descendants and 10 per cent for others. It is levied on assets worth above Bt100 million.

IHT is levied on heirs who are either individuals or Thai juristic persons. It is also applied to non-Thai nationals who are resident in Thailand according to the immigration law, and non-Thais inheriting assets located in Thailand.

This means that your Thai wife, or full or half Thai child, will pay IHT on your estate if it meets the threshold.

But really, who has this kind of wealth in Thailand? you might ask.

Many more than people tend to think, actually.

Wealthy Thais are far wealthier than we might perceive, and as such the government expects to collect 3 Billion Baht per year at the 5 percent rate.

Gift / Personal Income Exemptions

Like most countries, to counter possible avoidance of inheritance tax, a gift tax was also introduced by way of amending the types of tax-exempt income in the Thai Revenue Code.

The types of income exempt from personal income tax include income derived from maintenance, income derived under moral obligation, inheritance, or a gift received in a ceremony or on other occasions in accordance with established custom.

The law will only exempt the following types of income from personal income tax:

The portion of inheritance income not exceeding 100 million Baht under Section 12 of the Inheritance Tax Act.

Income derived from the transfer of ownership or possessory right in an immovable property without consideration by the parent to a legitimate, non-adopted child, only for the portion not exceeding 20 million Baht per tax year.

Income derived from maintenance or a gift from ascendants, descendants or a spouse, only for the portion not exceeding 20 million Baht per tax year.

Income derived from maintenance under moral purposes, or a gift received in a ceremony or on occasions in accordance with custom and tradition from persons who are not ascendants, descendants or a spouse, only for the portion not exceeding 10 million Baht per tax year.

Income from gifts received for use for religious, educational or public purposes according to the rules and conditions under a ministerial regulation (yet to be issued).

Yes, I'm sure you can see how a bunch of rich folks will find loopholes here and pay diddly squat. At which point the threshold will no doubt be lowered to scoop up those on moderate incomes.

Thanks to Benjamas Kullakattimas, Head of Tax at KPMG Thailand, for providing the English interpretations of  the above list.

What Happens to My Assets When I Die in Thailand?

Single guys and unmarried guys in relationships might wonder what will become of their condo and Honda Click should they bite the bullet. The hard and fast truth is, if you have assets in Thailand, you need to make a will.

You should have a will for both your assets in Thailand and any that you hold in your home country.

When you die in Thailand, a government officer requests a copy of a will either from the family or the lawyer of the deceased.

In short, the will filed in your home country will not cover any property in Thailand.

Failing to have a will could result in lengthy, costly probate.

Without a will in Thailand, these assets are the property of your Thai estate and would be subject to Thai inheritance tax, if they total over the 100 million Baht mark.

For the married, your assets are distributed according to Thai law, and this means that family members are given priority (see the next section).

If you should die with no will, and there is no family or said heirs, then the state has the right to take all your property and sell it as it sees fit. Gasp!

If you have accumulated assets in Thailand that you don't want to end up in the state's purse, then you really should consider making a will in your home country that includes these assets, so that your relatives are aware of what you have and who is heir to them.

You should also file a will in Thailand too.

In order to register a will in Thailand and have an executor appointed, you must go to a provincial court. The executor will then get the court’s authority to dispose of the person’s assets in accord with their will. Of course a Thai lawyer can arrange this for you.

+ Read: How to Make a Will in Thailand

Will I Inherit My Wife's Fortune?

If she leaves it to you in her will, then yes. But please do read below about land and property.

If your wife doesn't leave a will, you better get in line, because, see that list below, that's you at #7, at the bottom of the queue:

In Thailand there are 6 classes of statutory heirs and they are entitled to inherit in the following order:

  1. Descendants
  2. Parents
  3. Brothers and sisters of full blood
  4. Brothers and sisters of half blood
  5. Grandparents
  6. Uncles and aunts
  7. The surviving spouse is a statutory heir, subject to the special provisions of Section 1635 Civil and Commercial Code.

You wife might choose to leave you money, gold, or perhaps her car. But if you expect to inherit these things, you'd do well to encourage her to make a will that stipulates exactly what she wants to leave you, and for her to instruct her family of her wishes, so there is no dispute.

Family disputes are common in this regard.

If family members seize assets after a death, the process for a foreigner getting them back, even with the presence of a will, is a very difficult one.

This is certainly something you should think about if you have a child together, because no doubt you'll want your child to inherit your wife's assets.

Can I Inherit My Wife's Land?

Believe it or not, you can inherit your wife's land.

If she doesn't make a will that says otherwise, it will be passed to you. But there is a catch, and a pretty huge one at that:

You cannot register ownership of the land because you will not be given permission.

You must dispose of the land within a reasonable period (up to 1 year) to a Thai national.

If you fail to dispose of the land, the Director-General of the Land Department is authorized to dispose of the land and retain a fee of 5% of the sale price before any deductions or taxes.

Yes, you're probably thinking what I'm thinking: No one is going to give you a decent price for that land once word gets out that your wife has died and you need to offload the land within a year.

Oh, and by the way, if you're living in your wife's house, consider that Thai law sees a house as “always having an interest in the land”, so I'd pack your bags within a year before your mother-in-law kicks you out, hehe!

What About Inheriting My Wife's Condo?

It's almost the same as the deal with land:

A foreigner who acquires a condominium unit by inheritance, either as statutory heir or inheritor under will, shall acquire ownership, however, unless the foreigner qualifies for ownership under Section 19 of the Condominium Act, it is required by law that the foreigner shall dispose of the unit within 1 year from the date of acquisition.

The reality is that most foreigners wouldn't qualify. Being retired in Thailand just isn't enough. See below for who qualifies:

inherit land thailand

Image Source: (Samui for Sale)

In Summary

The reality is, unless you're pretty wealthy, your estate probably won't meet the threshold for Thailand's inheritance tax.

There aren't that many foreigners naive enough to keep that much wealth in Thailand, anyway. But you may well have assets you want to make sure get passed to your wife or your kids, so making a will is a good idea.

The same goes for single people who've accumulated wealth in Thailand. You should make a will both back home and in Thailand to cover the event of your death.

Lastly, there's a number of foreigners living in Thailand who live in their wife's house, on their wife's land, drive their wife's car, and may even live off  their wife's income.

If you fall into this category, then you should definitely speak to your wife about what will happen to her assets if she dies before you, because these will default to her family, in line with the statutory order of heirs outlined earlier in this post.

PLEASE NOTE: If you're a UK National living in Thailand and want information about financial planning for UK inheritance tax, read this post here.

—————-

Disclaimer: I am not a lawyer, and therefore not qualified to give legal advice. This post simply represents my personal interpretation of the law. If you want to make a will, or want legal advice on any matter in Thailand, please contact a qualified lawyer.

—————-

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Last Updated on May 18, 2022

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Comments Sort by : newest | oldest

  1. Jerry says

    January 6, 2023 at 9:04 am

    Currently live in BKK. Can I get one, preferably two names of decent lawyers to do a Thailand will for me. Typical assets involved for an ExPat, bank account, condo, car. I just hate the idea of the Thai govt or bank getting the assests. Would rather ig be my sis who comes for visits (does not live here), or my gf getting the assets. I`d rather an friend in Thailand get everything as long as ifs not the Thai bank or govt ....555

    Not sure if the TheThailandlife allows you to put a laayer you had good experience wit in a post?

    Thanks in advance
    Reply

    Jan 06, 2023 at 9:04 am

    • kelvin says

      January 6, 2023 at 5:29 pm

      welcome aboard Jerry. admin has alerted me to your question.

      There are many barstool lawyers around who offer incredible free advice that they got from their mates. They mean well but are not factually accurate at all.

      All I can say is that Thai888 Law has won the top awards for the last 2 years.

      Why? Because we make it easier for people to look at what assets they have now, and what they may have in the future, and make it all into a booklet ready for the courts, should you pass away

      When the Will goes to court the judge is a busy person and doesn't want to see gaping holes in the legal document. The last thing they want is someone coming out of the woodwork to contest a badly written will

      Last week due to omissions in the Will the partner missed out on a few million baht, as the Will mentioned the partner gets the money in such and such a bank account and its corresponding account number. The rest of the estate goes to another beneficiary, and as luck would have it the bank account was dormant and so the beneficiary got nothing. Although the wishes of the person were there, the account had lapsed over the years and this couldn't be undone. However, the beneficiary did agree to give the partner 100k baht, about 5%

      So its all in the wording and whether the assets are up to date. I have many good and bad stories and should write a book

      I hope this helps, and if admin allows it you can contact me for a checklist on what is required.

      Good luck.
      Reply

      Jan 06, 2023 at 5:29 pm

  2. Shelley says

    February 27, 2022 at 7:21 am

    Jerry:
    Sorry to say that there will be a bunch of difficulties. I did a brief reasearch last summer as I was about to purchase a condo in Bangkok - needless to say, I decided against buying. True that under your will and Thai law, as well, your heirs will be your heirs - but when it comes to changing the name of your condo into their name , that's another story. As far as I could discern, they have the following choices (and, of course, seems like a probate has to be done , will or no will) : 1) sell the property within 12 -15 months ; 2) Should they fail to sell within that time frame, the govt. will sell it at whatever price they determine and keep 30% of the proceeds before giving your heirs their share of proceeds;or 3)Purchase the property from the estate by bringing in foreign currency - just like you did when you bought it . The value would be as determined by land department , of course. I wouldnt put my children through that. Thailand wants our money but they really dont want us settling down.
    Reply

    Feb 27, 2022 at 7:21 am

    • thai888 says

      February 28, 2022 at 9:49 am

      hello
      you are wrong in a number of areas, sorry to say. I do this work daily and have 2 companies to solve problems like this.
      I am not drumming up business but I must intervene when the wrong advice is given.
      For everyones benefit, I have 2 condos from a 5 year ago probate and they are still on record at the Land Office as they could not be sold. They are still not sold.
      There are many ways to own the properties and the court system is fair.
      Reply

      Feb 28, 2022 at 9:49 am

      • Shelley says

        March 1, 2022 at 3:19 am

        @Thai888 (Kelvin)

        As I said, I researched a lot and I am an attorney in the USA. I spoke to other lawyers in Bangkok , as well. However, I also added "from what I can DISCERN". You yourself responded to Jerry stating the condo has to be "sold in 12 months". Why not just tell us all the options clearly and transparently since you seem to be implying you are an expert? Clear the confusions without being vague.
        Reply

        Mar 01, 2022 at 3:19 am

        • Bob says

          March 1, 2022 at 5:59 am

          Hi,

          There are three "official" paths, as has already been pointed out.

          1. Bring in forex and buy them from the estate.
          2. Sell them to another buyer.
          3. After a year they will be sold by the government, however this period can possibly be extended, depending on the official.

          As this is Thailand, it might be possible to find a "fixer" to navigate around these issues for a fee. The issue being that there is never an absolute certainty when attemping to circumnavigate the law.

          I've lived here for 22 years, and anything I buy I consider it simply an expense. Gone. But hope there will be something left.

          I take this also to the 800k for the bank requirement to have a retirement pension. I now use an agent and he fixes it. My money remains firmly outside of the grasp of Thai officialdom and is invested in the stockmarket.

          It don't believe this is even illegal, as the immigration officer who signs off the visa extension is using his "powers of discretion" to waive the requirement. I am not bribing him, all I do is pay an agent.
          Reply

          Mar 01, 2022 at 5:59 am

          • Shelley says

            March 2, 2022 at 5:32 am

            @Bob

            I completely agree with you - all of that is what my research found to be true, as well. Not all of us are brave enough to embark on some of the more questionable modes - for me just out of sheer respect of the law and getting caught doing something that I didnt realize (or chose not to realize) as being illegal or borderline illegal. That is perhaps because of my 35 years as an attorney and, hence,an officer of the court . But if you want to have property there or even keep wanting to extend your visa without having to go off to another country - you do what you have to do to make it easy for you in retirement - esp. if you love it there. I have chosen to rent when, and if, I go to visit my family when they happen to be staying in their homes there. I have found other better places to buy retirement homes in . Good Luck
            Reply

            Mar 02, 2022 at 5:32 am

        • thai888 says

          March 1, 2022 at 8:34 am

          all you have to do is check my references here
          Reply

          Mar 01, 2022 at 8:34 am

          • Shelley says

            March 2, 2022 at 5:23 am

            @thai888

            As Bob and I mentioned - those are the 3 official ways that we know of . Including unofficial fixes which inculde "payiong" an agent to do the illegal, bribing, and equally on the shady border of things like creating holding companies etc. It's not your credentials - it's just you listing the options like some of us did. Simple request.
            Reply

            Mar 02, 2022 at 5:23 am

            • kelvin bamfield says

              March 2, 2022 at 9:38 am

              Wrong again. Holding companies are NOT illegal according to a Thai Supreme Court appeals hearing.And what is Payiong, is that somewhere in Korea?
              Reply

              Mar 02, 2022 at 9:38 am

          • Shelley says

            March 2, 2022 at 6:02 am

            Kelvin ( thai888)

            Your reference is what you say it is and doesnt help this forum unless you are seeking clients. All I am saying is that on this forum many of us have the same question about condo inheritence and possession by heirs after death of purchaser. Some of us have listed the legal ways that we found through research - as well as, the roundabout and complicated ( to me, at least) ways of forming shell companies, finding fixers, etc. You have responded by saying some of that info is wrong ( and contradicted yourself, too- if I may point that out with no offense intended). So could you kindly, at the risk of repeating myself, list the number of ways a condo can be dealt with by the heirs. That would easily clear up any confusions without you losing clients - as I am sure most in this condo situation are not lawyers and will not do anything without a lawyer. Your list would help utmost number of concerned folks on this forum. Thank you.
            Reply

            Mar 02, 2022 at 6:02 am

            • kelvin bamfield says

              March 2, 2022 at 9:34 am

              You need to read the whole thread.There is a wealth of information in this forum, and I have been answering questions for many years now. Also, when someone requests my help, the admin decides whether to pass on my email address to that person. I then discuss the case with that person and that person is free to decide if they need my help.My one sentence answer was accurate, concise and transparent and alerted the poster to the fact that there may be an issue and this needs to be considered.
              Reply

              Mar 02, 2022 at 9:34 am

  3. Jerry Douglas Jones says

    February 25, 2022 at 10:45 am

    I currently have 2 condos in Chiang Mai and some other assets. Have a registered Thai will designating my Indonesian wife as the receiver in the event of my death. Second in line are my son and daughter son Canadian passport, Daughter Indonesian passport. Can you tell me if there is any problem with them having my condos willed to them? Will they be able to transfer title to themselves should I die.

    Thank you for your insights.
    Reply

    Feb 25, 2022 at 10:45 am

    • Thai888 says

      February 26, 2022 at 10:59 am

      Under Thai Condominium Law the Condos must be sold within 12 months of getting the Grant of Probate from the Courts.
      Reply

      Feb 26, 2022 at 10:59 am

  4. Joel says

    January 25, 2022 at 10:44 am

    I am legally married to my Thai wife and we have a daughter. All my assets are here in bank accounts in Thailand. My wife and my daughter are the only ones that I would like to leave my assets to, so it would seem completing a will is unnecessary since, according to your article, the money will be distributed 50% to my wife and 50% to my daughter. "Half of the estate will automatically be passed to your wife and the rest divided first among children..." Am I drawing the correct conclusion?
    Reply

    Jan 25, 2022 at 10:44 am

    • kelvin bamfield says

      January 26, 2022 at 9:50 am

      yes but in my experience nothing is a "fixed" as you think
      ie - sorry to say, but what if you and you wife are killed in an accident and your daughter is the sole heir? she is underage and so a controller of property is needed

      there are many issue with not having a Will - a Will covers those contingences - ie alternate Beneficiaries, alternate Executors (managers of the property)

      what if you are in hospital on a respirator?

      many things can happen and so having a Will is small insurance for the future - particularly now
      Reply

      Jan 26, 2022 at 9:50 am

  5. Pep Goodwin says

    January 11, 2022 at 5:48 am

    Hi, my Australian father passed away in Thailand late 2021. He had a Thai bank account in his name only. Does anyone know whether upon his death the account gets frozen? Or would his girlfriend only be able to access the funds? There was no Thai will. I am in touch with a solicitor over there but am worried we might be paying alot when the account could be empty! Thanks
    Reply

    Jan 11, 2022 at 5:48 am

    • TheThailandLife says

      January 11, 2022 at 8:46 pm

      Unless his girlfriend has an ATM card for that account or it is some kind of joint account then I doubt she would have been able to gain access to it before the funds were frozen. In Thailand, all money of the deceased must be given to the “Manager of the Inheritance”, which is decided by a court of law.If your father was on a retirement visa then the amount may be more than 800,000 Baht, because this is the amount required to extend a retirement visa. If he only has one account, then that is likely to be the case. However, he might have been on a different visa, or his situation completely different.Is there a way of finding out how much is in the account before you pursue the legal route? I don't know the answer, but if Kelvin is still following this thread he may be able to help.
      Reply

      Jan 11, 2022 at 8:46 pm

    • kelvin bamfield says

      January 12, 2022 at 10:07 am

      hello - i do this work professionally in Thailand and your first step is to get someone update the bank book
      once this is done you can go to step 2 - as there is no will he died intestate and the succession laws come into play ie family are the Beneficiaries
      Step 3 is to decide if going to court is worth it based on step 1 ie assets, bank account etc.
      The banks cannot freeze the bank account without a court order
      I can be found at thai888.com
      Reply

      Jan 12, 2022 at 10:07 am

    • kelvin bamfield says

      January 12, 2022 at 11:31 am

      if there was no Will or instruction letter then the GF cannot take money from the account - the banks will not freeze the account, however any money leaving the account after the death without authority is illegal
      Thai888 Law
      Reply

      Jan 12, 2022 at 11:31 am

      • James Kyle says

        January 30, 2022 at 5:14 pm

        I need some advice re leaving my investment portfolio in the Uk to my Thai daughter who is only 4 years old.
        I trust my Thai partner ( not wife) to manage this it not sure how to proceed. I have a current will in the UK where the beneficiaries are my 2 UK daughters but they have no need for this as they have comfortable lives . I am not talking about a lot of money but probably around 6m baht
        Reply

        Jan 30, 2022 at 5:14 pm

        • kelvin bamfield says

          January 31, 2022 at 9:19 am

          hello
          you can make a Last Will as you dont know how long you will live or what your assets will be in the future

          In the Will you need to nominate a controller of property (COP) until your daughter reaches 20 years and 1 day

          The Executor of the Will should be a bona fide person as trust is easily changed when 6 mill is on the table

          The COP will pay from the estate the childs expenses and school

          choose carefully
          Reply

          Jan 31, 2022 at 9:19 am

  6. Bryan S says

    June 21, 2021 at 9:53 pm

    Hello, does anyone know a good trustworthy attorney in Pattaya to handle setting up a will and estate planning for my assets in Thailand? If they are located between Beach Rd and Third Rd and from Pattaya Tai to Central Rd that would be a bonus (but not absolutely necessary).
    Also looking for a reputable stock brokerage to help a Thai national set up an investment account.
    Any suggestions are appreciated.
    Reply

    Jun 21, 2021 at 9:53 pm

    • kelvin bamfield says

      June 23, 2021 at 9:10 am

      thai888 law
      Reply

      Jun 23, 2021 at 9:10 am

  7. Peter says

    March 15, 2021 at 9:11 am

    Hi my father who was married to a Thai recently passed away, leaving no will ( I think, as I don't know how to check. ) Since he married his wife has never liked me and since his death has totally made this clear. Now before he married he brought my grandparents and his entire belongings to Thailand, antiques, furniture, family jewelry, etc. Since he married he's built a small house and owns a car. Now after the cremation I asked his wife for a chat regarding obtaining some of my family possession s , she told me she will give me nothing not even photos, so as you can guess I'm angry and want to fight her to obtain my family's stuff.. can you tell me please as his son, what am I entitled to and what's the process. Bearing in mind he wasn't rich and nether am I...
    Reply

    Mar 15, 2021 at 9:11 am

    • Marie says

      March 15, 2021 at 3:47 pm

      Morning , my husband and I had a similar experience . My father in law went to Pattaya few years after my mother in law died and sold everything to go , my husband and him fell out over it . He died 3 years ago over there and he left a Scottish will leaving all to his grandkids . He also built a house with a girl and had a car , left a lot in a bank too . It was complicated , but we found a lovely English speaking lady lawyer in Pattaya who guided us through it all . It cost a bit but we had to go over there and go to court . Go it all in the end apart from the house which you can’t touch . You need guidance as all very different over there . I can give you the lawyers details if you want to find out your rights , she is great
      Reply

      Mar 15, 2021 at 3:47 pm

      • kelvin says

        March 15, 2021 at 6:00 pm

        Thanks. I have 2 companies here and do international probate every day.
        We speak English and have 5 stars on all Google reviews. I am an Australian in Thailand for 21 years. Like Peter said, they don't have much money, so it's up to him to make a decision based on the advice I have given him.
        Thanks
        Reply

        Mar 15, 2021 at 6:00 pm

      • Bryan S says

        June 21, 2021 at 11:44 pm

        This sounds like a good lawyer for what I need. Could you share their info privately? We need Thailand Life to share email addresses
        Reply

        Jun 21, 2021 at 11:44 pm

    • kelvin says

      March 15, 2021 at 4:15 pm

      Hi,
      1st off was he legally married and was this registered at the local city hall?

      If there was no Will then he died intestate and the laws of succession begin as posted under section 1629 of the Civil and Commercial Code of Thailand. There are 6 classes of statutory heirs and they are entitled to inherit in the following order:

      descendants
      parents
      brothers and sisters of full blood
      brothers and sisters of half blood
      grandparents
      uncles and aunts

      The surviving spouse is a statutory heir, subject to the special provisions of Section 1635 Civil and Commercial Code.

      As a decedent you therefore have a claim unless there is a Will

      What area did your father live in and die in as this is the jurisdiction where the court challenge will take place?

      Foreigners cannot buy house and land and so it is probably in the wife's name. The car and his bank account are another matter. But as your said neither your dad or have much money. However, he may have had a pension ?

      Deciding what part of the assets you want is where you should start and then maybe a few letters from us can persuade the wife to negotiate or face legal costs in fighting it in court.

      Give me a few more answers and then I will better understand.

      Thanks. Regards Kelvin
      Reply

      Mar 15, 2021 at 4:15 pm

      • TheThailandLife says

        March 15, 2021 at 4:41 pm

        If you like I can pass on Kelvin's email to you privately, as I have done for other readers.
        Reply

        Mar 15, 2021 at 4:41 pm

        • Peter says

          March 15, 2021 at 6:10 pm

          @theThailandlife. Yes if you could pass that on to me I would be very appreciated. Thank you.
          Reply

          Mar 15, 2021 at 6:10 pm

        • mervyn parsons says

          March 22, 2021 at 8:25 pm

          Could you send me Kelvin's email. Thank you.
          Reply

          Mar 22, 2021 at 8:25 pm

          • TheThailandLife says

            March 23, 2021 at 3:07 am

            I have sent you the email address.
            Reply

            Mar 23, 2021 at 3:07 am

      • mervyn parsons says

        March 20, 2021 at 2:11 am

        hello. I have 2 properties in Thailand and 1 piece of land. I had to leave Thailand in October to come back to England for COVID treatment and cancer treatment. My wife and I talked and when I got back I would retire in Thailand permanently but sadly she died. I could not go to the funeral, etc., no flights. I have had the COVID injection and the second will be the end of April. As soon as I can get a flight I will come back.How long can I stay in the property, at the moment I'm in England waiting for the air ban to be lifted.Thanks
        Reply

        Mar 20, 2021 at 2:11 am

        • Bob says

          March 20, 2021 at 9:01 am

          On a retirement visa as long as you want to, provided you meet the annual requirements for an extension.

          How long the Thais will quarantine you is not certain. I would ignore all the blah blah blah until a definite regulation is in place.

          Currently 15 days is necessary. That's what I would plan on
          Reply

          Mar 20, 2021 at 9:01 am

        • TheThailandLife says

          March 21, 2021 at 4:42 am

          Hi Mervyn, sorry to hear your wife has passed away. Do you mean how long can you stay in the property because your wife has died and it's her name on the deed?
          Reply

          Mar 21, 2021 at 4:42 am

          • mervyn parsons says

            March 21, 2021 at 3:59 pm

            Yes, we had several properties. She had 3 bank accounts and I have 1. There are 2 vehicles, 2 motorbikes etc, she had insurance which paid her hospital bills and me down to receive lump sum on her death but I cannot get back because there are no flights at the moment.
            Reply

            Mar 21, 2021 at 3:59 pm

            • kelvin bamfield says

              March 22, 2021 at 9:35 am

              You can do this via power of attorney - meaning you don't have to come to Thailand - as the courts accept that COVID has interrupted normal life.
              Reply

              Mar 22, 2021 at 9:35 am

              • mervyn parsons says

                March 22, 2021 at 6:51 pm

                how do I get power of attorney please?
                Reply

                Mar 22, 2021 at 6:51 pm

            • kelvin bamfield says

              March 22, 2021 at 10:08 am

              Mervyn - whose name were the properties in? As you say "we"? Whose names were the bank accounts in, as you say she had 3 and you can 1. Were they joint accounts or in 1 name only. The insurance company needs some documents to start the process of paying you, the beneficiary. Have you given these docs to them so they can pay into your bank account?
              Reply

              Mar 22, 2021 at 10:08 am

              • mervyn parsons says

                March 22, 2021 at 3:43 pm

                Hi she had 3 in her name and I had 1 in my name, only they did not give me any documents. I stay in England. Her sister might have, she has her id card. I have a Thai man relation who was supposed to help me but I think he has gone to their side.
                Reply

                Mar 22, 2021 at 3:43 pm

                • kelvin bamfield says

                  March 22, 2021 at 6:59 pm

                  Mervyn,I am trying to assist you however you are not answering the questions. The properties - whose name are they in?The bank books, here in Thailand, if you lose or can't find then you need to go to the police. If you have a credit card or debit card you can withdraw money. Who has access to the accounts, as they can ATM the money out if they have the PIN numbers?The Thai man - i don't know about him however, as money is involved and you are in the UK, then you need serious professional help here in Thailand.
                  Reply

                  Mar 22, 2021 at 6:59 pm

                  • mervyn parsons says

                    March 23, 2021 at 2:57 am

                    properties are in my wife's name and the bank books are in Thailand at the house.
                    Reply

                    Mar 23, 2021 at 2:57 am

        • k says

          March 21, 2021 at 8:52 am

          First off I am sorry for your loss, however these things happen and then a whole host of unexpected event start. I always tell people to make a Will and this helps to ensure that everyone is protected and the assets go to the person nominated. I can tell you some stories about this and one is that the older man outlives the younger wife. Many variables here, as in your post about what kind of visa you had when you left Thailand? This determines how much money was needed to meet the requirements of Immigration and if your visa was attached to your wife?Regarding the land and properties, obviously you cannot own the land and so there maybe a Chanote Land Title Deed and the properties could be houses on Land and so unless set up in a company you may not own them? It is also possible that your wife did not have a Will and so this causes problems as well as to you ownership (even if you paid for all). As you have been gone for some time is it possible the family has moved into the house and taken possession of the properties? There is not enough info in your post and so the above is all could be's.Please provide as much information as possible.
          Reply

          Mar 21, 2021 at 8:52 am

          • mervyn parsons says

            March 21, 2021 at 8:14 pm

            lasr year i spent 9months in thailandi was married 17 years and every year spent 6 to 8 monthsin thailand but ive been having treatment for cancerbefore iwent back to england we talkedand decidedthat iwouldretire whec igot back ihave or had money in bank to cover for retierment there sister who pushing this my wife has not spoken 2 years
            Reply

            Mar 21, 2021 at 8:14 pm

    • Helpless farang says

      April 4, 2021 at 7:06 pm

      My wife by heart, unfortunately only gf by law we were planning on getting married March 15. Unfortunately she passed away March 11. She told me many times that when she died her lawyer would contact me about everything, properties, insurance money etc. I have not yet heard anything from this lawyer, is there any way to find out who this lawyer is?

      Tried to ask one lawyer she told me she had used before and she had known for many years, he tried to fool me into signing a paper where I would lose all legal rights.
      Lucky I demanded a translate of the Thai document before signing. What kind of lawyer do this to husband of his so called good friend.
      Talked to another lawyer who say I need to request to be legal executer, I just don't understand why it's not a good idea to try to find the lawyer with a will. Or maybe I just need to learn more about how things work in Thailand. Really appreciate any help you can give me.
      Best regards
      Reply

      Apr 04, 2021 at 7:06 pm

      • kelvin bamfield says

        April 5, 2021 at 9:14 am

        1st sorry for your loss 2nd the detective work begins = everything, properties, insurance money must have some books or docs or receipts to show who your wife was dealing with - you need to start there. Possibly you will find a lawyer's card or some documents to say who she was dealing with - her friends or family would also know something Also, unless the lawyer can show you some Will or chain of custody for the documents, don't sign - obviously, a funeral needs to be arranged and this would be done by the funeral. I think this needs to be sorted out first before the beneficiary of the assets is considered.
        Reply

        Apr 05, 2021 at 9:14 am

        • Helpless farang says

          April 11, 2021 at 11:55 pm

          funeral already done. found insurence, books and online conversations we had and showed another lawyer.
          All i got from new lawyer was just not enough evidence do you want to be legal executor. Unfortunately my wife lost alot of documents before i was able to get down here. and there was not enough time to retrieve them before she died. i tried what i could. but they got locked due to covid restictions then lost in the mail, then resend but never appeared. But family had no knowledge on most of it. so i am a bit lost.

          But yes i am trying first to find out if anything has my name on it or how to track down lawyers. i have several papers with different lawyers but the lawyer i have contacted dont seem to happy to call around not sure why.

          Thank you kelvin for your ideas, will try to investigate further
          Reply

          Apr 11, 2021 at 11:55 pm

  8. Katja says

    February 9, 2021 at 11:39 pm

    My brother died last year in Thailand where he had been living for more than 20 years. He was not married but in a long term relationship. They had a house together. He had several bank accounts. He didn't have kids.
    My parents are the next of kin and they're the legal inheritors. As he was not married is girlfriend is not allowed to close bank accounts or anything else. So my parents have handle the court stuff and get everything done. They are quite old and don't feel fit to fly to Thailand. Can they give me as their daughter the power of attorney to handle everything in Thailand? How long does the court procedure usually take? Thanks for your help!
    Reply

    Feb 09, 2021 at 11:39 pm

    • kelvin bamfield says

      February 10, 2021 at 12:14 pm

      hello
      i believe your parents already contacted me and I have emailed them back the procedures -regards kelvin
      Reply

      Feb 10, 2021 at 12:14 pm

  9. Slade says

    January 28, 2021 at 9:13 am

    I hope this comment section is still active.

    I am wondering if someone would spend some time reading my story and giving so insight or advice on how these proceedings tend to end. My father-in-law didn't leave a will.

    My wife's father recently passed away (He is Thai, she is as well). Her younger siblings are now blaming her of taking money from her parents over the years. She has been managing her parents businesses over the years and have helped them to make them pretty profitable (not 10s of millions) so much so that they now multiple vehicles and gigantic home, etc. Her younger brother has accused her of stealing money from her parents in a sort of indirect manner. He also has refused in the last decade to take care of his parents because he hated his father (not so sure about the mother), he rarely visited or assisted with anything regarding parents health and emotional issues (Abuse, both physical and psychological happened in this household). Now that his father has passed away he wants his share of the inheritance, but also he wants more because to him his sister (My wife, the oldest sibling) has gotten "more" than she is saying she got. He also accusing her of hading wealth (which she isn't). Me and my wife have also paid for her father's gambling debts he has made in the past which hasn't given back to us (Around about 800 000 baht). All the businesses and money went through my wife's accounts (It just made everything less complicated for her and parents to not have to constantly go in to sign documentation for transactions, etc.) So here we are, a son who has been absent for 20 years wanting more than what he deserves and basically ripping this whole family a new butthole in the process.

    My questions after this story is: How do these cases typically resolve in Thailand? Additionally what are the laws that need to be followed?
    Reply

    Jan 28, 2021 at 9:13 am

    • kelvin bamfield says

      January 29, 2021 at 10:05 am

      No Will - Section 1629. Classes of Statutory Heirs There are only six classes of statutory heir and subject to the provisions of Section 1630 paragraph 2, each class is entitled to inherit in the following order:descendants; parents; brothers and sisters of full blood; brothers and sisters of half blood; grandparents; uncles and aunts. The surviving spouse is also a statutory heir, subject to the special provisions of Section 1635. Normally an equal shareIt would take 3-5 years to get a judgement after appeals and all - normally judge says work it out - as if not the brother can just wear you down over the years -
      Reply

      Jan 29, 2021 at 10:05 am

      • kelvin bamfield says

        February 10, 2021 at 12:15 pm

        anymore on this
        Reply

        Feb 10, 2021 at 12:15 pm

  10. George says

    October 7, 2020 at 12:01 am

    Kelvin,
    My biological Mother Passed in aug.7,2017. She left land to her American husband and 4 American children. It’s my understanding that I had 1 year to claim the land. Do I have any rights to the lands anymore? Thanks
    Reply

    Oct 07, 2020 at 12:01 am

    • kelvin bamfield says

      October 7, 2020 at 2:10 pm

      Hi George
      what country are you referring to as I am in Thailand
      Did your mother leave a Will
      Understand that foreigners cannot own land in Thailand and so there would be a period where the land would need to be sold off
      Was your mother Thai
      Did she have any other children or relatives
      Why was American husband not with mother
      Many questions to answer
      thanks regards kelvin
      Reply

      Oct 07, 2020 at 2:10 pm

      • GEORGE CUSHING says

        April 14, 2021 at 3:40 am

        Mr. Bamfield,
        My mother lived in Khao Phra Ngam district Lopburi province. My mother did leave a will. She remarried an American, who still lives in the property. My mother had four children and listed 7 properties in her will. One property was willed to her American husband and her 4 American children, also each American child was willed a 1 acre property. As her death has been over a year past, are the rights to these properties lost? Thank you
        Reply

        Apr 14, 2021 at 3:40 am

        • kbamfield says

          April 14, 2021 at 9:50 am

          hello
          if she had a legal Will then there was an Executor. This person needed to take the matter to court to get a Grant as without that no property could be transferred or bank accounts accessed.

          As foreigners you cannot own land - the courts would probably direct the properties be sold within one year

          By law the Will should have been acted on and as it may not have been then the Executor is at fault - you need to talk with that person

          However if no Probate Grant has been obtained then no one knows and so people can continue to live in the property. Also, the husband might have a caveat on the property - ie a mortgage so he cant be thrown out or some other agreement.
          Reply

          Apr 14, 2021 at 9:50 am

          • George says

            April 15, 2021 at 8:54 pm

            Thank you for your reply. If the properties willed to me, her son has been sold, Is there a legal obligation from the executor to pay me money for the property?
            Reply

            Apr 15, 2021 at 8:54 pm

            • kelvin bamfield says

              April 16, 2021 at 9:24 am

              if you are named as a beneficiary under the Will there are 2 ways - 1 is that you were left a share in the property or a cash sum or 2 you were left a total property. If under 1 then properties would need to be sold to pay you.

              The Executor under the Will is legally obligated to settle the matter with you - they would need to apply to the courts for Probate and at that time you would make your claim known
              Reply

              Apr 16, 2021 at 9:24 am

  11. Rebecca Hall says

    April 1, 2020 at 3:49 pm

    Hi, im hoping you can offer me some guidance please. My father ( aust) passed away 2 weeks ago in Thailand. He has lived in Thailand around 20 years, had Thai wife, employed many Thais and supported the local community . My brother and I have not been able to find our Dads Will either in Thailand or Australia but believe he had one.
    His wife has already listed their home in Thailand for sale. The land and home are in her name although my father owned and ran the business he sold 6 months ago ( that paid for the home) They had no children together.
    My brother and I also had to give authority to Thai hospital to release Dads body to her and she is also asking for us to complete paperwork so she has access to my Dads bank account (in thailand). Doesn't that mean we are considered Next of Kin?
    What are my brother and i legally entitled to, under Thai law, if there is no Will and property is in Thai wife name?
    Thanks
    Reply

    Apr 01, 2020 at 3:49 pm

    • Kelvin Bamfield says

      April 2, 2020 at 6:25 pm

      hello
      as next of kin NOK you are the ones that give the ok for the Embassy to release the body by getting a release letter from them. It is now called a Consular letter
      This is strange as if your dad was legally married to the Thai lady then she would be considered the NOK - better check this
      This also means that the Thai wife cannot get the money released from the bank without a court order - maybe if its less that 100,000 baht the bank may release it to her if she is a Beneficiary.
      Something odd here.
      If no Will your dad died intestate and as next of kin you guys would get the money
      True that the Thai lady would own the house and land as without a form of proxy agreement your dad would not control company or house and land
      So it looks like theres some money in the bank she cant get out and thats where you come in as NOK
      Get the Thai lady to update the bank accounts and send you a scan of the update to see if its worth the expense of getting it out
      also where did your dad die and what was his name to find the Will
      thanks regards kelvin
      Reply

      Apr 02, 2020 at 6:25 pm

    • Rita says

      September 10, 2020 at 11:53 pm

      My son is in a similar position to and your brother except my son’s father’s Thai wife is dead. They had no children. He made no Will .

      I’m trying to find out about getting a Power Of Attorney (?) to gather his assets to pass to my son as he is next of kin .

      My son had to authorise instructions regarding his fathers body by the Embassy as he is next of kin.

      I have a Thai lawyer asking my son to sign a Power Of Attorney form to allow him and several other named persons to be given this power.

      Is this the usual procedure in these type of cases?
      Thanks 🙏
      Reply

      Sep 10, 2020 at 11:53 pm

      • Kelvin Bamfield says

        September 12, 2020 at 10:07 am

        Hello
        I do this work everyday.
        The POA is for the cremation/funeral.
        The matter has to go to court and then a grant of Probate is given.
        Once you have the court order then the assets can be liquidated and sent to you, ie the bank account closed, cars sold, property sold -
        Due to covid you need to sign a few docs as you cannot come here to Thailand, and you need a lawyer to take the matter to court.
        What area is the court hearing?
        Thanks,
        regards kelvin
        Reply

        Sep 12, 2020 at 10:07 am

        • Rita says

          March 15, 2021 at 7:06 pm

          Hi Kevin. The court is in suphan Buri. Since I last wrote, the bank accounts are now closed and all that was remaining in them was £800 UK pounds, so lawyers fees etc far excelled what my son gained.
          We are now instructing lawyer to go ahead with getting my son’s share of the three properties. We have also discovered that the deceased wife’s mother has 50% rights as she is also Next of Kin along with my son who also has 50% as NOK.

          My son does not want her to have to sell the properties and land and will settle for a smaller cash payment in exchange for rights of properties.

          My question is, we are now giving the lawyer another large payment in advance. Are there any risks involved in this case? Or are we throwing more money at this , like the last time seeking (bank accounts , which member of the family emptied) only to find they can’t obtain access to assets? I feel we have to trust the lawyers on this and not sure if I should.
          Thank you
          Rita
          Reply

          Mar 15, 2021 at 7:06 pm

          • kelvin says

            March 16, 2021 at 1:05 pm

            Yes - this is why we always check the bank balance first, as claiming in court will outweigh the costs, though I understand sentimental value is priceless. The properties and getting your share without a Will is a long process, as it is a civil matter. Normally when all the players are in court the judge usually says go and work it out, and to get to this point it is costing money and time.The other thing is that even if you win, and it is appealed, and you win again, then usually an agreement is entered into whereby the defendants have to pay you back so much per month, and as everyone is poor I can see this may happen. Also, what happened to a friend of mine was that the defendants were to pay 13,000 baht per month and, after 3 months (they were still living in the house) payments stopped. Then it was back to court to enforce payments and this took another year plus. You need to think about all this, as over time it is frustrating and stressful - I hope this helps.
            Reply

            Mar 16, 2021 at 1:05 pm

      • Shelley says

        July 19, 2021 at 6:55 am

        Hello: I am an American and want to buy a condo in Bangkok. I have a daughter and want be able to make sure , she can avoid the problems of inheritance in thailand after my passing. i am told I can draw up a will in Thailand naming my daughter ( also an american and lives in America ) as the administrator/executor AND the beneficiary of my Thai estate ( bank account an Condo). apparently, the condo will be registered in Administrator’s name and that it can remain so registered for many years until it is sold by said administrators who happens to be the beneficiary as well ( daughter). This would allow my daughter to enjoy the condo for some time and sell it without the pressure of one year tolling over her head. can Kelvin please tell me if this is correct. thank you. would appreciate your email. thanks
        Reply

        Jul 19, 2021 at 6:55 am

        • TheThailandLife says

          July 19, 2021 at 2:57 pm

          I'll let Kelvin confirm that if he's still following this thread but I'm pretty sure that is the case. If you need someone to draw up a will I can refer you to my contact.
          Reply

          Jul 19, 2021 at 2:57 pm

          • Shelley says

            July 21, 2021 at 4:45 am

            Thank you. I havent purchased yet but will draw up a will once I do purchase. the problem is that the foreign seller wont give me any warranty regarding the appliances she is selling the condo with. SHe didnt advertise it as "AS IS" - now after settling on her price, while trying to draw up an agreement she is saying think of it as 'as is" - My thought on that is that in that case , should it be "as is" then I will need to ask for a discount. She also wnated an MoU before Bangkok opens and wants the down payment based on that - but I would not want to pay up such a huge amount on the basis of an MoU without a sales agreement and warranty that all her appliances are working or at least a discount on price. So kind of in a flux now
            Reply

            Jul 21, 2021 at 4:45 am

            • JamesE says

              July 22, 2021 at 6:19 am

              Make sure to pay the down payment into an escrow account. Always assume the worst with real estate deals. Do you have a lawyer representing you?
              Reply

              Jul 22, 2021 at 6:19 am

              • kelvin bamfield says

                July 23, 2021 at 10:02 am

                there are no ESCROW in Thailand for normal people - these are reserved for big companies = there are no trusts either
                Reply

                Jul 23, 2021 at 10:02 am

                • JamesE says

                  July 23, 2021 at 10:36 pm

                  Amazing. I would have thought somebody would have jumped on this. So if you buy property or a condo is the money exchange just between the two parties?
                  Reply

                  Jul 23, 2021 at 10:36 pm

                  • shelley says

                    July 25, 2021 at 5:38 am

                    This all seems rather primitive to me considering so many foreigners buy condos. It seems it is FET form plus pay order from buyer to seller. Some use a lawyer or realestate agent to send the money to ! As long as the foreign remittance has the beneficiary buyer’s name and address of property to be purchased - doesn’t matter whose account it is sent to - the receiving bank will issue FET and the pay order.Worse is the situation re heir owning the property Kelvin never responded to my query regarding what I found on some sites mentioning the civil commercial code and land department opinion.
                    Reply

                    Jul 25, 2021 at 5:38 am

                    • kb says

                      July 25, 2021 at 2:57 pm

                      Shelly - i have responded and told you the way it is. The land office (LO) has power and they accept it the way I told you. The FET or TT3 as it's called here has to be in the buyer's name.You can check all the sites you want and get different opinions but in the end its the LO that decides and in my experience they will say no - also involved is the anti money laundering office (AMLO) as when the FET hits the foreign exchange desk in Bangkok they will check and if it's going through a 3rd party then there may be an issue.They can hold the money and then you may have to explain why you did it this way instead of the normal way. There are many people involved in these simple buy and sell issues, and each one can be sued by the other and this is why these simple transactions go sideways. As far as your post about appliances goes then this is something you need to work out as this is not normal practice, as it is assumed that you did due diligence on the property and started negotiating in good faith as is. It was advised that you get an inventory done as some of the fittings may have a manufacturers guarantee.

                      Jul 25, 2021 at 2:57 pm

                    • Shelley says

                      July 26, 2021 at 9:10 am

                      Well regarding FET - O will be sending money acquired aa inheritance in another Asian nation - it is in mynown bank account there but that nation is currency restricted and doesnt allow money to go out of the country in a normal way. One can xarry 10k usd or equivalent on person when traveling. Meanwhile Thailand wants foreign currency. So people have been sending money theough 3 rd party accounts all the time to buy condo there. I have seen 10
                      People do it. Thank you.
                      This also is not ttye main question which was inheritance and the civil commercial Act and the land departments opinion that the heir can own and needs to pay just the transfer and stamp duty. I have referred the original question to a lawyer. Anyways thank you for ur contribution.

                      Jul 26, 2021 at 9:10 am

                    • kb says

                      July 27, 2021 at 11:37 am

                      the courts will grant probate - under thai law the condo act 19 says it all

                      you can go to court and argue that its an asset owned by the testator and so can be willed to the heir as many have done - and all have failed

                      If you want to pay my company for doing this then OK but we dont work this way

                      You are talking about the future and so we can leave it as we dont know if this will change - however its several departments you will be dealing with and ALL have different laws and powers - this is not America

                      Jul 27, 2021 at 11:37 am

                  • Bob says

                    July 25, 2021 at 8:17 am

                    I know a couple of guys who have made the transfer at the land office.

                    Buyer and seller meet there, the ownership is transferred and the buyer pays using a cashier's check from the bank.
                    Reply

                    Jul 25, 2021 at 8:17 am

                    • Shelley says

                      July 26, 2021 at 9:12 am

                      Thanks - same here.

                      Jul 26, 2021 at 9:12 am

                    • kelvin bamfield says

                      July 26, 2021 at 9:48 am

                      Bob, we are up to proving the money came into the country - yes buyers and sellers can meet and the check is used to buy ------ BUT BUT BUT the Land Office usually wants to see the TT3 of money coming into the country as required by law!

                      Jul 26, 2021 at 9:48 am

                    • Bob says

                      July 26, 2021 at 10:18 pm

                      Kelvin,

                      Yes, you also need the inward FX transfer document which the bank can supply as well as the cashier's check.

                      Jul 26, 2021 at 10:18 pm

                    • kelvin says

                      July 28, 2021 at 9:56 am

                      they still need to show where the money is coming from and this is a TT3

                      Jul 28, 2021 at 9:56 am

                    • Bob says

                      July 28, 2021 at 6:07 pm

                      KB,

                      I am not sure where the "wrong at every turn" applied".

                      However, I met and still meet all the legal requirements of a visa extension. As indeed I have for the last decade. But this time the officer was insisting on a twelve month rental contract. That is not a fair demand.

                      Jul 28, 2021 at 6:07 pm

                  • kb says

                    July 25, 2021 at 3:51 pm

                    it can be but when you go to the land office to transfer they will refuse

                    many buy in company names and theres nothing wrong with that and it works

                    Some buy using a proxy and then mortgage it back

                    some buy land without a proper title and this is a problem
                    Reply

                    Jul 25, 2021 at 3:51 pm

                    • Bob says

                      July 26, 2021 at 10:26 pm

                      There are several issues with the company route to buy property.

                      Setting up the company costs money and has ongoing annual costs of around 10 to 20k.

                      Closing the company also has costs.

                      There is always the nagging doubt about the 51% Thai shareholding.

                      There is also the nagging doubt that it is not totally legal, as it is using a construct to avoid the land ownership laws.

                      But yes, there are a lot of guys using this method.

                      And there is a reason why condos in the foreign quota generally have a higher price and are more easily sellable than the company owned ones.

                      Jul 26, 2021 at 10:26 pm

                    • kb says

                      July 27, 2021 at 9:42 am

                      Bob the reason for getting a lawyer to do things is because they know.

                      Your post suggest costs of setting up a company but also realise that many houses, condos, land are already in a company structure and all thats needed is to change the Director and the share holders

                      There are annual accounting costs as with any business and these are apprx 12000 baht PA

                      Closing the Co - see above as you may be able to sell the whole package to the buyer as is normal practice

                      The 51% Thai shareholders has been done to death and people should realise that the Supreme Court on appeal ruled that share holders sign an open transfer document for convenience and so there is no issue with this any more

                      It is legal and so "nagging" is not an issue

                      Lots use this method as it is legal and normal if you know the law

                      In my experience the Thai quota and the foreign quota difference in costs is a myth - particularly now with covid

                      Jul 27, 2021 at 9:42 am

                    • Shelley says

                      July 27, 2021 at 1:39 pm

                      It seems fm all I am learning thailand isnt a great plce to buy for a foreigner. Even getting a long term visa to stay longer than 3 months is a headache. Inheritance is a headache. There are other better choices (where its easier to own and get residency ) to be a nomad in .....

                      Jul 27, 2021 at 1:39 pm

                    • TheThailandLife says

                      July 27, 2021 at 3:22 pm

                      You can buy a condo no problem. You can buy a house if it is part of a development complex which has a portion of allotted foreign ownership. Generally these houses are leasehold but there are freehold opportunities on higher end properties. I answer a lot of questions on this topic here: https://www.thethailandlife.com/buying-property-thailandThe question is do you need or want to buy? Rent is cheap in Thailand and you have your pick of great rentals that give you the flexibility to relocate and not be tied to one place. Buying isn't a good investment in my opinion, either. Your money would be better invested elsewhere. I wrote about the things you should consider before buying a condo here: https://www.thethailandlife.com/8-questions-buy-condo-thailandStaying in Thailand long-term isn't easy, but certainly easier than Europe or the US. Education visas are easy to obtain, so if you attend a couple of language classes each week you can stay for up to a year in one go. A multiple entry tourist visa gives you 6 months, with a maximum stay of 60 days in one go, but this is extendable (once during the visa duration) by 30 days at immigration for 1,900 Baht. That gives you 90 days straight stay.And if you have the money you can get an Elite visa that gives you a long term stay, hassle free.Where there is a will there is a way :)

                      Jul 27, 2021 at 3:22 pm

                    • Bob says

                      July 27, 2021 at 4:29 pm

                      Hi KB,

                      "the reason for getting a lawyer to do things is because they know"

                      and to complete the sentence ..."the right people to bribe".

                      LOL.

                      Taking over a company is also fraught. It is impossible to know if there are any outstanding company liabilities or contracts that the previous owner(s) have entered into. The company has these liabilities and the previous owner can sell the company and disappear abroad. I don't think it is possible to protect against that happening.

                      It costs maybe 20,000 to 30,000 baht to set up a new company and transfer the property into it. If anybody wants to go this route, then that seems to me to be the best way.

                      Jul 27, 2021 at 4:29 pm

                    • Bob says

                      July 27, 2021 at 4:48 pm

                      Hi Shelley,

                      Yep, the general feeling from long-termers (like me) is that buying real-estate in Thailand is a terrible idea unless your wad so so thick that any "investment" can be written off without remorse.

                      And in this discussion no-one has yet mentioned the difficulty of selling a property, or lack of regulations over neighbors' behavior. They can have a pack of dogs barking all night and there is very little that can be done.

                      Rent is very cheap and you can be out in a day, and your money can remain in a financial center outside of Thailand that isn't a pain to deal with. Stay in Chiang Mai for six months, move to Bangkok for three, down to Phuket for a year. Once you own property you are no longer so flexible.

                      As to visas, for many years I did the annual extensions myself. But a couple of years ago I moved and the local immigration officers started making life difficult, indeed on the verge of impossible.

                      Then I discovered the world of "agents". WOW! These guys make life easy, no more sullen police in brown uniforms. Now its happy Thai smiles, about 13,000 Baht and 24 hours later a new extension in the passport. No financial, health insurance or other requirements. And as far as I can tell, it is totally legal. You pay the agent, he deals with immigration and the officer uses his "discretionary powers".

                      Jul 27, 2021 at 4:48 pm

                    • kb says

                      July 28, 2021 at 9:21 am

                      I have checked Bob's post and he has been wrong at every turn - his last post makes me think that he does not have the means to legally exist in Thailand and hence the need to use agents. These agents flout the law in many ways to allow people without the means to meet the visa requirements to long stay. 800,000 baht is needed to show immigration to get your Non-O visa. This is normal as many foreigners without means live here and get sick and cannot pay the hospital bills and this money goes to show they have secured their future.

                      The subject is about a property and as I have been here going on to 22 years and own businesses that work in the subjects we are discussing I can tell you there is a right way and a wrong way. On many occasions, people trying to save a few baht normally get burnt in the end as they did not do due diligence - ie homework. Cut corners and one day you pay the piper. All over the World, the same system exists.

                      There is nothing wrong with buying real estate here in Thailand and some are very successful at it - my companies do not do real estate however as we do probate then we do get properties that we need to sell. In 12 years we have 2 we have not sold as the location is outside of an area where people live, not sure why as Bang Saray is a beachside area and a village feel to it. It is being developed quickly and this will change the future sale of this property.

                      Everyone in the world has issues with neighbors at one point and noisy dogs well thats everywhere in the World as police reports will verify.

                      I have corrected Bob's assertion in his post as frankly, they are wrong as Shelley's enquiry is about inheritance tax and how to "avoid the problems of inheritance".

                      In all countries you must do conveyancing and Thailand is no different, however I would not let this deter anyone from buying property.

                      I hope this helps

                      Jul 28, 2021 at 9:21 am

                    • kelvin says

                      July 28, 2021 at 9:59 am

                      Thailand immigration and buying properties or working things you need to research. Someone here said there's plan A and if that don't work it's plan b c d and soon enough you will find the one that suits you. That's the magic of Thailand

                      Jul 28, 2021 at 9:59 am

            • kb says

              July 22, 2021 at 12:40 pm

              Have you seen the condo? and if you you would have made an inventory of what is there and if it was new or old
              and
              this would be assumed on your part and also if there are air conditioners, fridges, machines, they may still have some manufacturers warranty left

              You as the buyer have a responsibility to check all things within the parameter of the condo

              What is outside is the responsibility of the Condo Committee

              Due Diligence is required
              K
              Reply

              Jul 22, 2021 at 12:40 pm

              • Shelley says

                July 25, 2021 at 5:42 am

                No I havent. Just video and photos. However, seller is a family friend. Others I know have seen it. I know due dilligence - because of bkk being essentially closed to foreigners sue to covid, i haven’t been able to go there and hence was asking for warranty that all is functioning.
                Reply

                Jul 25, 2021 at 5:42 am

        • JamesE says

          July 19, 2021 at 9:57 pm

          Something to consider if you haven't is to have your daughter be co-owner on the condo with right of survivorship. I don't know how that is implemented in Thailand (in the US it can be done pretty simply through joint tenancy) but should be doable. The only consideration (for your daughter at least) would be that she'd have to check the box on her 1040 that asks "Do you have any foreign assets?". So she'd want to see how that may affect her tax situation in the US.
          Reply

          Jul 19, 2021 at 9:57 pm

          • Shelley says

            July 21, 2021 at 4:39 am

            Thanks James -1) yes I will need to check the tax situation here for her., I would have to check that box , too. But unless I am renting it out ( which I wont as it is meant for me as a holiday home ) I dont think we have anything to worry until we sell.
            2) However, I have read online that if yo0u are co-owner, each will have to bring in the the full amount of the purchase price in foreign currency and get separate FET for the full amount each. I have read tht ownership is 100% for each, even though co-owners.
            3) On the other hand , on this website (https://daryllum.com/thailand-property-inheritance-laws-taxes-succession-and-wills/) I read that per the Civil and Commercial Code combined with opinions of the Department of Land, the foreign heir per condo owner's testament not only inherits but can own it also by registering it in their name as follows: publish a public notice in Thailand for 30 days, and present the proper documents 9 will, proof of relationship , etc -( no court order is needed if the Publication route is taken). If not contrary claim is made in that 30 days by some other person, the heir can then have it registered by paying the proper transfer and stamp fees. I am trying to contact lawyers in Thailand to determine the veracity of this.

            Thanks
            Reply

            Jul 21, 2021 at 4:39 am

            • kelvin bamfield says

              July 23, 2021 at 10:05 am

              i do probate everyday and this has not been the case in my experience
              You can try cutting all the corners but eventually you will need to deal with the land office and they are a power unto themselves - even when i was armed with a Will, Court order and being the Executor the Land office had taken issue

              Do it the right way as in the future things might change
              Reply

              Jul 23, 2021 at 10:05 am

          • kelvin says

            July 21, 2021 at 9:05 am

            NO this is wrong sorry
            being co owner she would need to show how she brought money into the country for buying the condo - this is called a TT3 - a Will is needed if she is to inherit the condo and as a foreigner and under section 19 of the condo act she would need to sell the property within 12 months
            The Will states that it is for Thailand only and under Thai law for Probate - read between the lines - what is in Thailand stays in Thailand and is dealt with under Thai Law and jurisdiction - nothing to do with the USA
            Reply

            Jul 21, 2021 at 9:05 am

            • Bob says

              July 21, 2021 at 4:49 pm

              Hi,

              I would guess that it is also possible to transfer the money in her name into Thailand, buy the condo from "Administrative limbo" and have it registered in her name, sending the money back out again afterwards.

              Might even be able to find a "fixer" to get it done without providing the capital. This being Thailand, and where there's a Baht there's a way....

              I am glad to have no interest in buying property in Thailand.
              Reply

              Jul 21, 2021 at 4:49 pm

              • kelvin bamfield says

                July 23, 2021 at 10:06 am

                it's not like the old days and I wouldn't go there
                Reply

                Jul 23, 2021 at 10:06 am

              • kb says

                July 25, 2021 at 3:52 pm

                thats ok
                but this thread is to educate the ones that might want to settle in paradise
                Reply

                Jul 25, 2021 at 3:52 pm

              • Shelley says

                July 27, 2021 at 8:57 pm

                Well I might as well just buy it in her name - she is young and will by Gods grace have a longer life than what i have left of it now. But I suppose you all will say she will have to open a bank account in her name for the money in FX so bank can do an FET. HOWEVER, Realestate agents have said the money can be sent by ANYONE fm overseas either to them or the authorized person (authorized by buyer to deal with the purchase if buyer is overseas - which would be me authorized by my daughter to act on her behalf). As long as the remittance says it is for the benefit of “the purchaser to buy property X “. I wld then go to the land office armed with FET from my bank stating FX came in d’s name to purchase x property, power of attorney, and a cashiers check from my bank . Question about where she got the money - a gift from mother.

                And yes, I noticed that properties don't move and some hve been on the market for over 4 years. But D being in her twenties, the selling bkms less of a concern as it can be her vacation home for years after I pass on and she can take years to sell it and not much of an urgent problem as it will have been a gift.

                Peter and Bob said what I guessed already - buying is a bad idea. But my reason isnt for staying year round or taking profit - rather that i would like to stay the winters and spend time with friends as well - a few friends have bought condos in the same building hoping to spend some time there each year. Also the particular condo is larger than the tiny rabbit coups inside bkk as this is a little outside Bkk and it comes with lots of open air spaces unlike the tiny bkk condos.

                I am almost afraid what you all will say about buying in D’s name as mentioned above !
                Reply

                Jul 27, 2021 at 8:57 pm

                • kelvin says

                  July 28, 2021 at 9:53 am

                  I would not send the money to the real estate agent as they will still get their commission even if the sale stalls

                  People buying from overseas will need a power of attorney here in Thailand to facilitate the contract and buy and sell, as the Land Office will require this

                  The FATCA and IRS laws of the USA are the issue - I am currently researching other ways the Land Office can accept money coming into the country as the crypto market would be ideal, however, the banks will miss out on their comms.
                  Reply

                  Jul 28, 2021 at 9:53 am

                  • Bob says

                    July 28, 2021 at 6:17 pm

                    Cryptocurrencies are not lawful currencies and are not considered legal tender in Thailand.[1] Instead, cryptocurrencies and other digital tokens are deemed “digital assets” by the Royal Decree on Digital Asset Business, which took effect on May 14, 2018.

                    You won't get an FFT with crypto
                    Reply

                    Jul 28, 2021 at 6:17 pm

            • JamesE says

              July 21, 2021 at 10:18 pm

              Thanks! As I said "I don't know how this is implemented in Thailand" but I should have said "how or if"... But just to pick your brain a bit more. If the bank account receiving the money from overseas was a joint account would that tick the "how she brought the money into the country" box?
              Reply

              Jul 21, 2021 at 10:18 pm

              • k says

                July 22, 2021 at 12:46 pm

                no - at the moment
                Reply

                Jul 22, 2021 at 12:46 pm

        • kelvin bamfield says

          July 21, 2021 at 9:15 am

          inheriting the condo via the Will is not a problem and tax is small as its only the Land office fees - the problem is that as a foreigner under the condo act your daughter will need to sell the condo within 12 months from probate so in total 18 months - if it cannot be sold it can be marked at the land office as such - holding indefinitely is not going to cut it as the judge will see through what you are doing
          Also, it is the Executors duty to wind up the total estate within 12 months from the grant of probate
          Also during these times, people are not flying in to give testimony in court - this is done via power of attorney
          Today in my office we are doing a Probate video conference with the court as unfortunately we are locked down - however, we are essential services - I hope this helps
          Reply

          Jul 21, 2021 at 9:15 am

  12. David says

    March 3, 2020 at 10:07 pm

    My brother has drawn up a will in the u.k. but is about to marry a Thai girl. Can he draw up a pre-nuptial agreement to ensure his u.k. will is left intact and unchanged?
    Reply

    Mar 03, 2020 at 10:07 pm

    • Kelvin Bamfield says

      March 4, 2020 at 11:10 am

      hello

      the UK Will lists who the Beneficiaries are and if she is not listed then she doesnt have a claim as the assets were your brothers to start with

      the pre nup can be made to say what your brother brought into the marriage was his and remains his and the smae for her

      when they get married the Sim Sot Ros Law comes into play where everything they gain together is 50/50 and so when they divorce this is the law

      I hope this helps thai888

      K
      Reply

      Mar 04, 2020 at 11:10 am

  13. Dan says

    February 26, 2020 at 10:12 pm

    My Father has just passed away, leaving no will. He has Money in a thai bank account and Gold in a safe in a bank - both unknown to his next of Kin ( children in the UK).

    He also has a Thai Child, younger than the UK children, with a Thai woman whom he did not marry - Will his estate automatically go to the mother? How can we in the UK be considered as the next of Kin, who do we speak to?
    Reply

    Feb 26, 2020 at 10:12 pm

    • kelvin says

      February 27, 2020 at 9:34 am

      If your dad had no will and was not married then the succession laws come into play. You would need to apply to the courts here for probate, as this is the only way the bank will release the money or gold. To the court you will need to prove who you are and how many brothers, sisters, and who your mother and father is. The Thai child would need to show the birth certificate showing your father was the biological dad. You will need to go to court once to show the judge who you are and then resign as the appointed executor and appoint someone who knows what they are doing. Once we get a grant, the the assets are distributed - takes about 6 months.
      Reply

      Feb 27, 2020 at 9:34 am

      • Dan Dixon says

        March 3, 2020 at 4:07 pm

        Kelvin - thank you for the prompt reply.
        For Clarity - when you say here - do you mean I will have to apply to the courts in Thailand (where he died and his assets are) or Here in the UK where I am. (apologies, I do not know where "Here" is to you :) )

        And when you say "We get a grant" do you mean you offer a service that I can use?
        Reply

        Mar 03, 2020 at 4:07 pm

        • kelvin says

          March 3, 2020 at 4:51 pm

          Sorry, yes, here is in Thailand, and as he died here, you need to apply for a Grant to use in Thailand and later in the UK.
          The mod may give my email to you, as I do probate in Thailand
          Reply

          Mar 03, 2020 at 4:51 pm

          • TheThailandLife says

            March 3, 2020 at 5:12 pm

            Hi Dan, I have sent you Kelvin's email address in case you want to get in touch with him.
            Reply

            Mar 03, 2020 at 5:12 pm

  14. Oliver says

    October 15, 2019 at 3:08 am

    good info, thanks for sharing.

    I have a situation that I could use some guidance on.

    My father passed in July. He was born in Thailand, but then migrated to the USA. He lived in the USA till about 65, and then moved back to Thailand to live permanently. He'd travel back and forth for his visa renewals.

    well, after he passed, I come to learn that he was part of a property inheritance from my grandparents. with him now deceased, without any will to be found, the family is now looking to sell the property.

    so heres the situation: 8 children (my dad and his siblings) are the owners of the property. only half of the siblings are now alive. I was just contacted by my cousin, asking me to get involved so I can legally assign authority to sell on behalf of my deceased father.

    so i guess my question is, do I really need to be involved? doesnt the rights just go directly to the living siblings to deal with the property? or am I really a liability to them if I dont give my "okay" to sell?
    Reply

    Oct 15, 2019 at 3:08 am

    • James E says

      October 15, 2019 at 9:20 am

      Typically, a parent's estate - absent a will - passes to a surviving spouse and children. It would not, unless there was a separate partnership agreement, pass to surviving siblings. It sounds like you're in the partnership now. Make sure you're interest is looked after.
      Reply

      Oct 15, 2019 at 9:20 am

      • Kelvin Bamfield says

        October 15, 2019 at 3:40 pm

        If both parents die, or one dies then it's different
        surviving parent dies then
        descendants
        parents
        brothers and sisters of full blood
        brothers and sisters of half blood
        grandparents
        uncles and aunts
        The surviving spouse is a statutory heir, subject to the special provisions of Section 1635 Civil and Commercial Code.
        Reply

        Oct 15, 2019 at 3:40 pm

    • Kelvin Bamfield says

      October 17, 2019 at 12:18 pm

      also you need to weigh up the benefits and the costs
      if its small money and lots of in fighting then leave it alone as fees and time may eat up the estate
      Reply

      Oct 17, 2019 at 12:18 pm

  15. Lizzie says

    September 29, 2019 at 8:25 pm

    Hi my father lived in Thailand for many years and died in February this year. He has a thai will drawn up by thai lawyers. He left the contents of his thai bank account to his young daughter. He was divorced from her (thai) mother. He owned his house through a thai company, myself and my brother are also directors of this company. He put nothing in the will about the house as he wanted my brother and I to have it, not his thai daughter (he'd already bought another house for his daughter). My brother and I are executors. We haven't done anything about sorting the will out yet as the lawyers are so expensive, but we are paying the daughter's family to live in what is now our house with her. Is there any easy way of sorting this out and are we safe with our ownership of the thai house (we've been trying to sell it). Thank you.
    Reply

    Sep 29, 2019 at 8:25 pm

    • Bob says

      September 30, 2019 at 10:19 am

      That is very complicated.

      Your brother did not own the house, he owned (probably) 49% of the Thai company that owns the house.

      If this ownership was not explicitly mentioned in a Will then it would fall into the intestate area, and his daughter has a solid legal claim on the full 49%.

      The other 51% of the company is owned by Thai shareholders, who have a legal claim on percentage.

      So, in my understanding, you and your brother have no legal claim whatsoever. It is not "our house" as you state.

      Now, either you can accept this and transfer the property to the daughter, or you can try and be devious and access the money illegally. I would consider this to be immoral, but morality falls by the wayside where money is involved.

      I am not going to offer any advice in that direction.

      You could do the following.

      1. Find the pre-signed share transfer contracts and transfer the Thai shareholders to the daughter's name (or trust).

      2. Transfer the property to the daughter's name (or trust) which you can do as directors.

      3. Close the company (if you don't it may eventually die by itself) to avoid the ongoing annual accounts which will cost around 10 to 20,000 Baht.

      Hopefully she will then have enough money to get a great education and lead a successful life.

      Another issue is who is the appointed guardian. This should be a responsible and reliable person who is not going to sell off the houses and use the proceeds for selfish purposes.
      Reply

      Sep 30, 2019 at 10:19 am

      • Bob says

        September 30, 2019 at 6:15 pm

        Sorry, I have made a bad mistake.

        If the company shares your father owned have not been mentioned in any Will, then according to Thai intestacy law the children inherit the shareholding. As there appear to be three children involved, then the shareholding will usually be divided equally between them.

        Then there is the problem of the Thai shareholders, who have a claim on their shareholding, unless presigned share transfer contracts are available.

        I suspect this process will take many months and be expensive.

        Sorry again for my mistake.
        Reply

        Sep 30, 2019 at 6:15 pm

        • Kelvin Bamfield says

          October 2, 2019 at 11:54 am

          there are no notions of trusts in Thailand and so this is not correct
          without seeing the Will all is speculation
          most Wills incorporate the world all possessions at the time of death, again without seeing the Will we cannot speculate
          Reply

          Oct 02, 2019 at 11:54 am

          • Bob says

            October 2, 2019 at 6:59 pm

            Hi, dunno why we are the only ones commenting here. Anyway, I find it interesting to read what you say. You are clearly more involved in these procedures.

            Must be quite busy too, as a lot of old codgers in Thailand don't seem to have done very much regarding Wills. Just don't care about what happens after they are dead, I suppose. Won't be their headache.

            She did say specifically that the house was not in the Will. Which would mean it would be an asset that is covered by intestacy. Maybe they are hoping to sell it and then disappear with the proceeds, leaving the company in limbo. Probably the easiest and cheapest solution, if not legal.

            But wth no plaintiff there are no lawyers.....

            Glad I moved most of my assets to Singapore, with the most of the rest following in a few months. I'm fed up with the Thais and their "this is Thailand, not your country. That'll be another 20,000 Baht".
            Reply

            Oct 02, 2019 at 6:59 pm

            • TheThailandLife says

              October 2, 2019 at 7:27 pm

              I am reading along but I tend to leave the specifics to Kelvin as he works in this area. It is surprising just how many people don't have a Will!
              Reply

              Oct 02, 2019 at 7:27 pm

              • Kelvin Bamfield says

                October 3, 2019 at 4:30 pm

                A friend of mine about the same age thought it was bad luck to make a Will. After he had a heart attack overseas a few years back he came in to make a Will. So everyone thinks differently about the end. The price of making a Will far outweighs the cost of not having one. Its not about age as another friend had a heart attack at 40 and another dead at 52 from cancer. A few more on motorbikes. Live long and prosper people but above all enjoy thailand life
                Reply

                Oct 03, 2019 at 4:30 pm

            • Kelvin Bamfield says

              October 3, 2019 at 4:25 pm

              Many people tell me they dont have anything and so dont make a Will. I simply tell them that they are the asset and they are a foreign body in Thailand that needs t be taken care of. Then the next of kin is involved - not the partner - legal wife or blood relative only - then the Embassy of that alien - then all the docs are in Thai and if needed overseas have to be translated at the Ministry of Foreign Affairs - then if anything needs to be repatriated a lot more government departments plus the Anti Money Laundering Office FBAR IRS Laws in the USA, HM Tribunal UK Probate Office etc etc.
              The house and company - lets see as the WIll could have been made before the house was purchased. House all wrapped up in Company with shareholders, share transfers, mortgages, lease? etc. Many questions here.
              I did a presentation at the local expats club on Murphys Law Thai Law and International Law - what could go wrong?
              I used 4 case studies and the members couldnt believe how if something was going to go wrong it would. This is Murphys Law.
              Reply

              Oct 03, 2019 at 4:25 pm

    • Kelvin Bamfield says

      September 30, 2019 at 11:45 am

      Hi Lizzie
      sorry to hear about your dad and the issues you face
      Any Will needs to go to court and the Executors also need to give testamony. You cant do this without a Lawyer as the court issues you with a Grant of Probate to allow you to go to the DBD and the Bank to close down or sell assets.
      As the house was in a company then foreigners can only own 49% and so who are the other shareholders. Under the company act as Directors you are also obligated to make things right in the company as it still hold the house asset. If a shareholder dies then these shares need to be allocated to another party. Also accounts need to be paid or there will be a fine.
      Where the house is situated determines what court province will hear the case.
      If you come as the Executors then this will cost you time and money to sort this out. You can apply to court then resign and let your nominee do the work instead of you flying in and out. Costs again.
      I do this work all the time and if the mods allow you might be able to contact me
      thanks regards Kelvin
      Reply

      Sep 30, 2019 at 11:45 am

      • TheThailandLife says

        September 30, 2019 at 5:42 pm

        Hi Lizzie, I can pass on Kelvin's details privately by email. I have done the same for other readers.
        Reply

        Sep 30, 2019 at 5:42 pm

    • Kelvin Bamfield says

      October 17, 2019 at 12:16 pm

      I was never contacted by Lizzy however thank you for passing on my info
      Reply

      Oct 17, 2019 at 12:16 pm

  16. Sarah Petursson says

    March 14, 2019 at 12:25 pm

    Hi there, I wrote as Diana, who commented/asked quetstions on March 12. I would like to thank both Bob and Kelvin for their advice and thoughts and would be very grateful if you could pass on Kelvin's email to me.
    Many thanks
    Sarah Petursson
    Reply

    Mar 14, 2019 at 12:25 pm

    • TheThailandLife says

      March 14, 2019 at 6:14 pm

      Hi Sarah, I will forward the email to you privately now.
      Reply

      Mar 14, 2019 at 6:14 pm

  17. Diana says

    March 12, 2019 at 12:09 pm

    My father died in Thailand and had a will, I am one of the executors, but the bank will not release his funds without a court order. I have employed a lawyer to apply for the court order (very costly) and have been told that both the executors have to appear in Court on the date set. I have to travel to Thailand from overseas, so two trips in 4 months is expensive for me. I have now been told that once I have appeared in court, it will be at least another 6 weeks before I can have access to the bank accounts, so I will have to travel back to Thailand again ! How frustrating and costly, do you know why after court it takes so long? Can I not just give written instructions to the bank after the initial court hearing and they transfer the money as instructed when the order is finalised? Do you know of any quicker / cheaper way that I can do this?
    Reply

    Mar 12, 2019 at 12:09 pm

    • Bob says

      March 12, 2019 at 7:28 pm

      You can give power of attorney to the Thai lawyer to obtain probate on your behalf. He could also access the accounts and send you the money. But try to agree a fixed fee in advance, otherwise he will take you to the cleaners with an hourly charge that will bring tears to your eyes.

      Contact a few companies and find out a few recommendations from the various expat websites.

      Yes, it takes that long in Thailand once the legal profession is involved. The Thais tend to just drain the bank accounts and job done.
      Reply

      Mar 12, 2019 at 7:28 pm

    • Kelvin Bamfield says

      March 13, 2019 at 9:37 am

      I deal with these issues every day in Pattaya. I am not sure where your father died.
      Under Thai Law you can submit to the court that you are old, sick, overseas, working and cannot come.
      Also submit docs like your birth certificate, passport, pictures of you and the father, father mothers ID like their birth certificate, passport, etc. This is to prove your relationship with your father.
      All these docs should be stamped by a Notary. Sometimes the court wants the docs legalised at the Embassy and Department of Foreign Affairs.
      You also need to make a Power of Attorney (POA) to have a person in Thailand act on your behalf (Executor). This person goes to court to apply for a Grant of Probate.
      You need a Lawyer as they make the submission to court and go to court with you or your proxy named in the POA. Also a translator is required.
      I dont know of any lawyers on an hourly retainer.
      Submission to get a court date runs approx 3 months, after court hearing and testimony by the Executor the Judge could take up to 30 days to give a court order to start work.
      When the Executor has the court order and they are approved a period of 15 days is set aside for the Will, Executor to be challenged.
      If no challenges ok. If challenges then back to court and more fees.
      After the Executor is empowered by the court they then deal with challenges to the estate by creditors. During this time the Executor should advertise inviting anyone with a claim to come forward.
      Normally 6 months from start to being able to liquidate the estate - clean out the bank accounts - sell properties, cars, give things away to charity.
      Should Probate be straight forward it will cost around 2,000 to 2500 USD
      This cannot be considered expensive and needs to be offset by costs you would incur should you fly to Thailand, rent hotel, taxi, translator, etc etc.


      Maybe the Mods can give you my email?
      Reply

      Mar 13, 2019 at 9:37 am

      • TheThailandLife says

        March 13, 2019 at 6:49 pm

        I can pass on Kelvin's email; he has helped others who have commented previously. Please contact me using the contact form on this website and I will reply privately.
        Reply

        Mar 13, 2019 at 6:49 pm

      • Bob says

        March 13, 2019 at 8:42 pm

        1. If there is a Will, as the OP stated, then there is surely no need to prove any relationship. The benefactor must only prove who they are.

        2. The translator is only required to translate the Will if no Thai version exists. This is not expensive.

        3. I have only seen lawyers working on an hourly fee. If they don't, then on what basis are they charging for the work?

        4. How much would a Thai family pay in the same circumstances? Among the hoi palloi there are very few who could afford that sort of expense to sort out transferring the farmland and pickup to the heirs. And mostly they do not seem to even write Wills, making the whole issue even more complicated.

        5. To frame the expenses in terms of the cost of travelling does seem to put an unfair emphasis on "the Farang should pay more".

        I have given my heir an ATM card and the PIN number and instructions to just drain the account.

        Job done, and no 60,000 Baht fee plus six months messsing around.
        Reply

        Mar 13, 2019 at 8:42 pm

        • TheThailandLife says

          March 13, 2019 at 9:03 pm

          I'll let Kelvin answer these points as he does this for a living and knows better than me, but in terms of giving an heir an ATM card to drain the account in the event of a death, as far as I'm aware this is illegal and could cause a lot of problems for that person with the bank and potentially the police, and if the estate is contested later down the line. I'm not quite sure how it would work on a joint account, though I assume the account is frozen regardless.
          Reply

          Mar 13, 2019 at 9:03 pm

          • Bob says

            March 13, 2019 at 9:42 pm

            Hi,

            I have been told it is a "common" Thai way.

            There can only be an issue if somebody is around to complain and has a legal case.

            If my rent is not paid then the landlord can simply chuck the stuff onto the street so he can rent out the property. I don't believe he has any responsibilty to look after it.

            To charge 60,000 Baht and take six months to access a few hundred thousand Baht in a bank account is ludicrous.

            My assets are mostly in Singapore.

            The SG government issues clear guidelines in English how probate functions.

            There is no dense fog of random "Thai Ways" to deal with....... And pay for.
            Reply

            Mar 13, 2019 at 9:42 pm

        • Kelvin Bamfield says

          March 14, 2019 at 9:16 am

          I am running a case now where the Thai Wife drained the account. This money was to go to the children by a proper Will. This is a criminal charge.

          I have no time to debate points above.

          All I can say is that I do this every day and it is up to the judge to accept the docs or ask for more docs. You will not know until you go to court. A recent case we had an old girlfriend make a claim in court to be an Executor based on her relationship of 10 years ago! So anything is possible.

          I also deal with other countries and all have different requirements and taxes.

          Thailand has 2 laws types - Civil and Criminal - there are variations in between and courts for hearings - ie Arbitration, Supreme, Appeal courts

          Whatever you do, do it legally.

          Make sure you have all the documents in place and make sure you have a good Executor and that they know where to find everything that you own, now and in the future.

          Meaning a client died and the estate was wrapped up 2 years ago. His grandma died and left him a 25% share in a house.
          Reply

          Mar 14, 2019 at 9:16 am

          • Bob says

            March 14, 2019 at 7:32 pm

            Ref : "I dont know of any lawyers on an hourly retainer."

            I realise that time is money and that you do not want to hand out free advice. However, I would very appreciate it if you could state on which basis a Thai lawyer charges.

            Thanks.
            Reply

            Mar 14, 2019 at 7:32 pm

            • Kelvin Bamfield says

              March 16, 2019 at 2:01 pm

              Most law companies like restaurants look at what the other guy is charging = its as simple as that - over time people call around and get the best price - so it is a market supply and demand thing. With some Civil cases running into the millions a success fee can be paid and this is negotiated up front.
              In many cases the family or Beneficiary for what ever reason may not want to come to Thailand to run the case and so what they save they may give to you as a bonus.
              Lawyers here cant say so and so is charging x and we can do better than that and our price is Y.
              In the early days we quoted a price but then realised we had to fly to the province and stay in hotels. This was explained to the clients as incidentals and not the lawyers fee. Everyone was OK with that.
              I have had insurance co. call me and ask can we do a better price as the Travel Insurance is only X. Yes we can as this is perfect networking.
              If you have a big case or a class action then of course you would go with the suits and they will charge you accordingly as they have overheads to cover.
              Many of my clients are referrals as they say oh this guy is a foreigner and speaks English - After customer satisfaction they refer us on.
              Most foreigners say why so cheap as they are used to paying 500 quid per hour or 500-1000 USD.
              We own the buildings, cars, etc and so we can be very competitive as we only pay for utilities and staff, gas etc.

              all the best

              So far so good.
              Reply

              Mar 16, 2019 at 2:01 pm

  18. leeanne rogers says

    December 3, 2018 at 10:23 pm

    my father died in the uk but leaving a bank account in thailand, he had made a will which we have the original copy, I have had all documents translated as requested by the thai embassy, just after advise or what to do next, he had no wife or children over in thailand.
    Reply

    Dec 03, 2018 at 10:23 pm

    • Kelvin Bamfield says

      December 4, 2018 at 9:57 am

      I think i answered this before - the amount in the bank is the question - if its less than 100,000 baht the bank may give it to you on application - if over they usually require a court order - meaning probate to appoint an Executor - takes time and money so work out if its worth it as court and extras could run at 65,000 baht min. Depends what court it is in as the Executor may have to travel etc. so airfares time and hotels
      Let me know
      Reply

      Dec 04, 2018 at 9:57 am

  19. Henny says

    November 29, 2018 at 7:48 am

    Hi, my husband (Scottish) and I (Indonesian) bought 2 property in Pattaya in 2008 and 2010. In 2011 we separated but never divorced. Soon after I left the country, his Thai girlfriend moved in and within a year she gave birth to his son. 7 years passed, now my husband has passed away and I heard that he has changed one of the property's name into his Thai girlfriend without my knowledge. Can he change it without my consent and signature? And what is my legal right as his legal wife to his assets in Thailand? Thank you.
    Reply

    Nov 29, 2018 at 7:48 am

    • Kelvin Bamfield says

      November 30, 2018 at 9:08 am

      In Thailand there is a Chanote (Title Deed) for the "property" - is this a house? Land? condo in foreign quota? and whos name is on the back of the Chanote?
      Girl Friend - so not married and not under Sim Sot Lot laws of spouse - so she does not automatically get 50% - however as you are still married then you may have a claim.
      Child - whos name is on the Birth Certificate? as this has some bearing.

      Did your husband make a Last Will and Testament?

      Many questions to ask -
      Reply

      Nov 30, 2018 at 9:08 am

      • Henny says

        December 2, 2018 at 1:54 pm

        Hi Thank you for replying... Yes 2 houses in Pattaya and the name is my husband and my name on the title deed as we both signed them when we bought them. I'm not sure about whose name on their children's birth certificate and also I'm not sure whether my husband has changed the will that he made in Scotland when we were still together nor testament...
        Reply

        Dec 02, 2018 at 1:54 pm

        • Kelvin Bamfield says

          December 3, 2018 at 9:51 am

          Thai Law states that foreigners cannot own more than 49% of house and land - so there is a problem there as together you and your husband had 49%
          In order to hold 100% you would have been in possession of a share transfer agreement whereby Thai's hold 51% by proxy. This is possibly how your husband sold one of the properties to the girlfriend
          Legally you have a claim however you need to get some documents and bank accounts to prove you are the wife and share holder in the house and land.
          If the only Will is the one from Scotland then you need to get this to see if its legal
          After several years he may have made a Thai Will.
          Thailand runs on documents and so if you want to pursue this you need to find these. The mods may give you my contact details and I can assist you in this
          Reply

          Dec 03, 2018 at 9:51 am

          • TheThailandLife says

            December 3, 2018 at 6:47 pm

            Hi Henny,If you want Kelvin's email address I can send it to your privately. I have referred other readers with related issues.
            Reply

            Dec 03, 2018 at 6:47 pm

            • Henny says

              December 4, 2018 at 10:19 am

              Yes please email me Kelvin's email address.
              Thank you so very much for the help.
              Reply

              Dec 04, 2018 at 10:19 am

              • TheThailandLife says

                December 4, 2018 at 6:41 pm

                I have sent it to you via email. Thanks.
                Reply

                Dec 04, 2018 at 6:41 pm

  20. Gemma says

    October 25, 2018 at 4:17 pm

    My brother is terminally and living with us in uk. His wife lives in Thailand. He has been taken ill while working here and is also in the process of selling his house here in uk. As soon as the sell go through he wants to transfer all the money from to house sell to her in Thailand. What rights do we have?
    Reply

    Oct 25, 2018 at 4:17 pm

    • TheThailandLife says

      October 25, 2018 at 5:01 pm

      Hi Gemma, I'm so sorry to hear about your brother. Unfortunately, if he has made a Will and this is his wish then it will be granted; she is his wife, after all. That said, if he hasn't made a Will, she can apply to be the administrator of the Will, see here: https://www.gov.uk/wills-probate-inheritance/if-the-person-didnt-leave-a-willI'm not entirely sure how this works for foreign nationals (non-UK residents) but his marriage would be fully recognised under UK law.
      Reply

      Oct 25, 2018 at 5:01 pm

      • Kelvin Bamfield says

        October 25, 2018 at 5:33 pm

        if your brother is terminally ill then he may be on medication and therefore incompetent to make any decisions??

        in any case try to convince him that he should make a Will as now its anyones guess as to what happens.
        Reply

        Oct 25, 2018 at 5:33 pm

    • Bob says

      February 17, 2019 at 12:00 pm

      None whatsoever.

      Indeed you have a moral obligation to help your brother carry out his wishes.

      It is his money and he can do what he wants with it.

      He plans on giving it to his wife, which sounds very reasonable. Why do you feel you have any entitlement to his estate?
      Reply

      Feb 17, 2019 at 12:00 pm

  21. Becca56 says

    September 4, 2018 at 5:30 am

    Hi my father recently passed away in Thailand interstate. My sister and i were there when he died but we were caring for him 24/7 and he died the night before I left. Therefore we had no time for anything else or the energy. His wife had removed all documents from the house before we arrived. His wife has been living separated from my father in another country for over 10 years. She tells us she didn't go through any kind of probate as he had no money in his Thai account, we do not believe this to be the case. She will also not provide us with the chenote for the house. His Thai bank will not give me any information unless through court order and the international Thai solicitors that I have spoken to say they can not help. Is there anything I can do at all? Without going to Thailand?
    Reply

    Sep 04, 2018 at 5:30 am

    • TheThailandLife says

      September 4, 2018 at 4:16 pm

      As I understand it, because your father died intestate and was still married, his wife is entitled to 50% of the estate, and you and your sister are entitled to the other 50%.

      There are lawyers that will take this on for you and indeed ensure that you get your share of the house. However, I'm quite sure you will need to travel to Thailand, particularly if there is a court hearing.

      Thai888 will hopefully confirm this if he reads this comment.

      It is quite suspect that she cleared all the documents out of his house. That said, unless his wife had his ATM card and pin, or had a joint signatory account where both parties were able to withdraw money in branch, I can't see how she would have cleared out his bank account - so I wouldn't worry about that too much. And as the bank has rightly said you can't gain access without a court order.
      Reply

      Sep 04, 2018 at 4:16 pm

      • Kelvin Bamfield says

        September 4, 2018 at 4:29 pm

        It is possible to do a power of attorney so the family doesnt have to appear, but dying intestate has succession and so it depends how many siblings are involved.Also the bank accounts: whose name were they in? His or joint? If she has access via ATM and pin then it's hard to prosecute.Were they legally married in Thailand and registered or another arrangment?House and land and chanote = all hers unless he had some mortgage agreement?Where did this happen - what province?
        Reply

        Sep 04, 2018 at 4:29 pm

    • Kelvin Bamfield says

      September 4, 2018 at 4:24 pm

      yes contact me and ask questions
      Reply

      Sep 04, 2018 at 4:24 pm

  22. Art Colgain says

    May 22, 2018 at 12:45 am

    My brother was killed in a motorcycle accident in Thailand. The Thai Embassy called us and I was determined to be his statutory heir and was able to have his body released to his girlfriend in Thailand for burial. Now she is asking for a Power of Attorney as the person who hit my half brother is being charged and I assume she is asking for burial costs. It also covers some security money he paid relating to a bankruptcy case? Just want to know if it's legal for me to sign this Power of Attorney and what it puts me on the hook for. He had no assets to speak of and I hadn't talked to him in years. Thank you.
    Reply

    May 22, 2018 at 12:45 am

    • thai888 says

      May 23, 2018 at 2:59 pm

      hi the power of attorney would be in Thai language?
      or at least Thai and English?

      The POA is for a very specific event ie she maybe claiming insurance costs as most vehicles in Thailand have standard, 3rd part and comprehensive insurance.

      If you sign the POA then make sure you know what it covers - it should not be open and if there is room there you should state that it is only for the insurance. Insurance normal top payout would be 200,000 to 300,000 baht.

      You would need to supply a copy of your passport signed as well and on this passport copy you would sign and then write on it for brother "name" accident on "date" only

      What are was the accident and where did it go to court?

      I am based in Thailand for 20 years
      Reply

      May 23, 2018 at 2:59 pm

  23. Jim says

    May 1, 2018 at 7:23 pm

    Hi

    I badly need help , my father died in Pattaya recently , I’m the only child my mum died years ago , I hired a lawyer over there as he left a will in Scotland with his lawyer , I am named as sole executor , this was thrown out of court as only one witness signature, found this out on arrival at the court , now I have to go back with
    And give copies of grandparents and parents death certificates to obtain court order for funds in bank account, how will this prove I am the only child ?
    Reply

    May 01, 2018 at 7:23 pm

    • thai888 says

      May 2, 2018 at 4:31 pm

      unfortunate indeed
      as the Will is void then you are not the Executor
      As your dad died intestate then the assets or the estate goes to the siblings and that is you

      There are ways to do this and proving who you are and your relationship to your father is a first step

      In my experience it is possible to get your birth certificate, your mother and fathers BC and a possibly the grand parents to prove the family tree and where you are in it

      These docs are not strong until you get them notarised and possibly legalised at the Thailand Embassy or Consulate in Scotland

      Then of course the docs are in English and need to be translated for the courts here in Thailand

      Maybe the mods can give you my email as there are some other questions like what is the size of the estate and bank accounts (not good on a public forum to disclose this)

      Weigh up the estate and the costs to see if you want to go through with it

      Look forward to your reply
      Reply

      May 02, 2018 at 4:31 pm

    • TheThailandLife says

      May 2, 2018 at 5:03 pm

      I can email you Thai888's email if you want it. I have given it to other readers in similar situations.
      Reply

      May 02, 2018 at 5:03 pm

      • Marie says

        May 3, 2018 at 10:13 am

        Yes thanks
        Reply

        May 03, 2018 at 10:13 am

  24. Eric says

    March 18, 2018 at 12:12 pm

    Hi Kelvin, I did request your email and sent you an email regarding some estate and executor rights and responsibilities. The named executor is being saddled with a will that isn’t reasonable to carry out. He’s got many concerns before his upcoming court date and needs good advice regarding his responsibilities to fulfil the will his friend left him
    Reply

    Mar 18, 2018 at 12:12 pm

  25. Eric says

    March 14, 2018 at 12:42 pm

    Please send me Kevin’s email as I’m involved in a case where my friend has just passed and have questions in regards to his will and rights of his family to claim his assets
    Reply

    Mar 14, 2018 at 12:42 pm

    • TheThailandLife says

      March 15, 2018 at 4:13 pm

      I have sent you Kevin's email address via email.
      Reply

      Mar 15, 2018 at 4:13 pm

      • thai888 says

        March 19, 2018 at 10:04 am

        thank you for this and we are in contact
        Reply

        Mar 19, 2018 at 10:04 am

  26. Claire Lawson says

    March 11, 2018 at 7:01 pm

    Hello
    My uncle lived in Thailand for many years and died in November 2011. We were not aware of this until his girlfriend got in touch to tell us the bank card she used on his account had expired and she couldn’t get a new one!

    My fatter used to send him £650 each month to live off as he was never really in work but we sadly only heard from him when he needed money.

    At this point we stopped the payments. I have been trying to get the remaining balance around £2000 out of the bank. I have sent them his death certificate, my passport, details etc and his bank book details to show I am his only surviving relative as his niece.

    They have replied saying they need to see his Wil, but there wasn’t one, and a court order. I have no idea where to begin to get this can you help at all please?

    Claire
    Reply

    Mar 11, 2018 at 7:01 pm

    • thai888 says

      March 12, 2018 at 10:15 am

      yes this is a common issue

      as it is less than 100,000 baht the bank should give it to someone with power of attorney

      Did your uncle die without a Will in any country - ie intestate?

      If so the succession rules kick in and therefore you need to prove by birth certificates, passports and other means that you are indeed the only remaining kin.

      The banks have you at a disadvantage in that they can sit on the money until you prove who you are or get a court order.

      After costs there would not be much left.

      Sometime in the future you may visit Thailand and then personally go to the bank with the documents and they may give you the money.

      That's a may.
      Reply

      Mar 12, 2018 at 10:15 am

      • claire lawson says

        March 13, 2018 at 12:08 am

        Thank you for your reply.

        Yes he died intestate and i have sent the bank his death certificate, my passport, marriage and birth certificate, copies of his bank books etc but they are insisting that i get a court order appointing the estate administrator and they also ask for copies of the passport and house registration of the guarantor but i have no idea what they mean by that as a guarantor in England is usually in relation to a debt not a Wil?

        Does anyone know of anywhere i could go to get such an order such as the Thai Embassy perhaps?
        Reply

        Mar 13, 2018 at 12:08 am

        • thai888 says

          March 13, 2018 at 11:44 am

          Hello
          as I said you need to apply to the court for a grant of probate
          the only way you can do that is to get a lawyer to apply for a plaint to get a court date
          the embassy will tell you the same thing
          the fees you will pay will not leave much from the estate
          but if you want to proceed appeal to the admin on this site and they may give you my email address
          Reply

          Mar 13, 2018 at 11:44 am

        • thai888 says

          March 13, 2018 at 11:49 am

          the house guarantor is the person that owns the house/condo where your Uncle stayed.
          they are normally issued a blue house book called a tibian ban and in that book the houseman or guarantor enters other people's name that are authorised to stay in the house.
          I hope this helps
          Reply

          Mar 13, 2018 at 11:49 am

  27. Donn says

    February 3, 2018 at 12:29 am

    Please help me anyone. I’m in a similar matter as those above but slightly different. My father just passed away. I am his only next of kin, his only son. The consulate contacted me on the 26th of January 2018 after his passing on the 11th. I arrived in ChiangMai on the first of February coming from Las Vegas, Nevada and cremated his remains on the 2nd. The U.S. consulate advised me that he had no living will. I haven’t seen my father for some 30 years since he went away for operation desert storm and desert shield. I came to find out that he had p.t.s.d. He was a hermit with no care for material items but stashed and invested in many different banks. Question is....not do I have a right to my fathers belongings, but how hard will it be to get access to them. I was told that the banks can draw this out for a lengthy time. ANY ADVICE WOULD HELP.
    Reply

    Feb 03, 2018 at 12:29 am

    • thai888 kelvin says

      February 3, 2018 at 11:18 am

      I had a similar case recently and went to Chiang Mai court with the necessary documents.
      As next of kin you have rights as do the other siblings ie your brother and sister if there are any.

      Each of you, as your dad died intestate, must sign docs to submit to the court. ie first one of you needs to become the Executor and so the other siblings need to agree to this.

      If no other siblings then you are sole Beneficiary, however the court needs to sanction your fathers death ie the Death Certificate, your proof of being the daughter and other proof.

      If you have the bank accounts (Thailand) these should be submitted as well. If you have bank books then get them updated and so you will see if its worth going to court.

      If you return to the USA then you can appoint another Executor as they need to go to court and get approval ie court order so the banks will release funds to you or the Executor and then they can TT this to you.

      The anti money laundering rules apply and so the banks will need proof of where then funds came from and why they are being sent back to the USA.

      If there are bank accounts in the USA then you will need to get the death certificate translated and several copies made, then certified translated, then Dept of Foreign Affairs for legalization to make it through the USA system.

      Trust me I have experience with all this and if you can answer the above this will let me know more.
      Reply

      Feb 03, 2018 at 11:18 am

  28. Blake says

    January 11, 2018 at 6:05 am

    My brother died almost 3 years ago. He owns/owned a condo in Thailand. His girlfriend remained in the condo but will be moving out this month. The condo will be vacant soon. I have a brother and sister and we are my brothers closest heirs and we live in the US. Our parents are deceased and my brother wasn't married. What do we do with the condo? We're past the 1 year deadline to sell the condo but don't feel comfortable leaving it vacant. Do you have any advice or suggestions?
    Reply

    Jan 11, 2018 at 6:05 am

    • kelvin says

      January 11, 2018 at 10:03 am

      Was there a Will nominating an Executor?
      His GF has no legal grounds as common law wife.

      Did this go to court? and if so as you said the condo should have been sold as you are non residents here.

      Who's been paying the common fees etc on the condo?

      Normally if not sold the court can order it be seized and sold at auction will be less than market value. So after 3 years you are lucky.

      So you will need to sell through an agent if you are not here. The market is low at the moment.

      I would love to help you however this site does not allow direct contact.
      Reply

      Jan 11, 2018 at 10:03 am

      • TheThailandLife says

        January 11, 2018 at 10:20 am

        I can facilitate an email exchange if both parties agree. Blake, if you want to contact Kelvin email me using the contact form and I can send you Kelvin's email.
        Reply

        Jan 11, 2018 at 10:20 am

        • Blake says

          January 11, 2018 at 11:35 pm

          Thank you!
          Reply

          Jan 11, 2018 at 11:35 pm

      • Blake says

        January 11, 2018 at 7:49 pm

        Thank you kelvin. No, he did not have a will. My father was his executor at the time and allowed the girlfriend to stay as long as she paid the utilities/dues. The condo was paid for so there wasn't a mortgage to pay. Our father has since died and we are trying to close the estates. The condo isn't part of the my brothers estate so we are left to handle the sale on our own. Kelvin, are you a realtor or involved in international law?
        Reply

        Jan 11, 2018 at 7:49 pm

        • kelvin says

          January 12, 2018 at 11:48 am

          Not a realtor
          I am involved in international Law
          Reply

          Jan 12, 2018 at 11:48 am

          • Blake says

            January 13, 2018 at 8:59 pm

            I look forward to hearing from you. I've sent an email request. Thank you.
            Reply

            Jan 13, 2018 at 8:59 pm

            • kelvin says

              January 15, 2018 at 1:44 pm

              I have not received any email
              Reply

              Jan 15, 2018 at 1:44 pm

              • TheThailandLife says

                January 16, 2018 at 11:03 am

                Hi Kelvin, I passed on your email yesterday. Thanks.
                Reply

                Jan 16, 2018 at 11:03 am

    • thai888 kelvin says

      February 3, 2018 at 11:19 am

      hi yes I received some mails from you and now things seem to have dried up. If I can assist further contact me
      Reply

      Feb 03, 2018 at 11:19 am

  29. Darrell says

    January 11, 2018 at 2:47 am

    Really interesting page!

    My father just died recently, suddenly in his sleep. Married to a Thai lady for about 9yrs. (he has two children in the UK). They have a house and land. He always said the property would be in her name but I'm not sure about anything else like bank accounts. I don't even know if he made a Will. She has shown some concern about a claim to the estate.

    If she cannot produce a Will and they had joint bank accounts then am I correct that she would be entitled to 50% of the money, and the remainder 50% split between the two UK children? If this is the case, how do I go about organising this? Do I need to find out the bank and write to them, to protect the assets. Or will the bank get in touch with me? How can I be sure that all the finances are being disclosed to me?

    The land was used for rice, Palm Oil and Rubber. If this was a business in joint names then do I assume the same 50/25/25 split on the value of any cash?

    Obviously if there is a Will it should be relatively straight forward, following the requests outlined in it.

    Thanks for any pearls of wisdom!
    Reply

    Jan 11, 2018 at 2:47 am

    • kelvin says

      January 11, 2018 at 9:51 am

      Hi. Normally a house and land is in the wifes name as foreigners have some restrictions on them as far as this goes.
      Without knowing more - there are many ways around the above. ie a mortgage, loan agreement, lease back, company set up that owns the house.

      Bank accounts - company accounts joint accounts dads account - Well you cannot simply talk to the bank as they will not disclose whats in the accounts without a court order. The wife may have access to the accounts and then continue on with the business or drain the accounts.

      If it was a registered company and Dad was a share holder then a check of the DBD data base will show all involved and if the books are up to date.

      If there is a Will get a copy then you will know what to do. If no Will then you will need to appeal to the Wife for disclosure.

      Was there a hospital report or a death certificate issued regarding the cause of death?

      Was there a funeral cremation? If so did the Wife organise this? Did any family attend?

      Any pensions in the UK? and if so was money regularly transferred to Thailand and to whos account?

      Sorry for vague answers but there is not much to go on here.
      Reply

      Jan 11, 2018 at 9:51 am

  30. Babs says

    December 28, 2017 at 8:26 pm

    My brother died recently in Thailand and did not leave a will, although be always said he was going to. I have his bank card, bank book,passport, birth certificate etc and Power of attorney form from the hospital, I’m just awaiting death certificate. He didn’t own a property and was renting. I have given all his possessions and car etc over to his Thai friends who helped him over the years so it us just the bank account. Any advice would be appreciated.
    Reply

    Dec 28, 2017 at 8:26 pm

    • kelvin says

      December 29, 2017 at 2:52 pm

      Was your brother married? Any children?

      POA from hospital is only good for hospital and not the banks.

      Money in the bank account - if 100k or less then you can approach the bank to release this to you as next of kin.

      If over 100k you may need a court order unless you have the PIN number to the bank account.

      If you have the PIN numbers then you know what to do.

      Passport should be returned to the Embassy.

      What about cremation or repatriation of the body and ashes. Each country is different.

      Contact me if you need assistance.
      Reply

      Dec 29, 2017 at 2:52 pm

      • Babs says

        December 31, 2017 at 6:22 pm

        No he was he wasn’t married and had no children and the amount is less than 100k. We have other siblings who he did not get along with and have not been in contact with for more than 30 years. He requested a Thai style cremation which I have arranged. Uk, Thai embassies, hospital and myself have all been in contact.
        Reply

        Dec 31, 2017 at 6:22 pm

        • Babs says

          December 31, 2017 at 6:45 pm

          Sorry Kevin, what i wanted to ask is whether i would need a solicitor involved to take money from account ?
          Reply

          Dec 31, 2017 at 6:45 pm

          • kelvin says

            January 2, 2018 at 4:16 pm

            under 100k the bank can give to you as I have had experience with this before.
            However, the bank may not allow this - it depends on the day in Thailand.
            You can try.
            If not successful then you will need a court order - so you need to weigh up the costs of getting whats left in the account minus the court fees. As this is a Civil matter the court will hear testimony from you and your relationship to the deceased. ie passport, birth certificates, etc will be used to prove this. So if you dont live in Thailand you will need to return for the court hearing or sign a power of attorney to nominate a proxy to go to court and hopefully get a court order to administer the estate. Bureaucracy at its finest.

            Try option 1 first.
            Reply

            Jan 02, 2018 at 4:16 pm

        • kelvin says

          January 2, 2018 at 4:25 pm

          sometimes as you have arranged the funeral and cremation the bank may release the money to you as its not a large amount.

          try
          Reply

          Jan 02, 2018 at 4:25 pm

          • Babs says

            January 3, 2018 at 5:48 am

            Thank you Kevin that’s really helpful
            Reply

            Jan 03, 2018 at 5:48 am

          • Babs says

            March 21, 2018 at 8:29 pm

            Hi Kevin another question re my brother who died intestate. I’ve been in contact with his bank who have been very helpful. I have all the documents needed to obtain a court order so I may act as executor...my question is: do I need a lawyer to gain a court order or is this something I can do by myself?
            Reply

            Mar 21, 2018 at 8:29 pm

            • thai888 says

              March 22, 2018 at 11:14 am

              unfortunately you need a lawyer as they need to apply for a grant to get a court date - all in Thai language - court date maybe 2-3 months - the go to court - if you then you need a translator - court questions your relationship and so this needs to be backed up with loads of forms and birth certificates - notarised and translated -
              If the mod allows you can contact me by email
              Reply

              Mar 22, 2018 at 11:14 am

              • TheThailandLife says

                March 22, 2018 at 3:46 pm

                Sure. Babs, if you want Kevin's email I can forward it to you.
                Reply

                Mar 22, 2018 at 3:46 pm

                • Babs says

                  April 4, 2018 at 3:43 pm

                  Hi, could I have Kevins email please as I have further questions..,.
                  Thanks
                  Reply

                  Apr 04, 2018 at 3:43 pm

                  • TheThailandLife says

                    April 4, 2018 at 5:38 pm

                    I have sent that through to you by email.
                    Reply

                    Apr 04, 2018 at 5:38 pm

              • Babs says

                March 22, 2018 at 8:24 pm

                Thanks, You have confirmed my thoughts....
                Reply

                Mar 22, 2018 at 8:24 pm

  31. Bill says

    December 1, 2017 at 3:58 pm

    My Thai wife died recently, without a will, I had just bought a car in her name, can I transfer the owner ship to my name before the family grabs it, and if so what documentation do I need.
    Reply

    Dec 01, 2017 at 3:58 pm

    • TheThailandLife says

      December 1, 2017 at 4:33 pm

      Hi Bill, sorry for your loss. Unfortunately not. That would be illegal. However, have you got proof that the car was purchased with your money? If so, you might have a case. I would continue to use it as your own. I doubt they will fight you in court for it. Do they even know it was in her name? Hopefully Kelvin will jump on here to help answer this too, as he may have had experience of this specific question.
      Reply

      Dec 01, 2017 at 4:33 pm

      • Bill says

        December 2, 2017 at 8:12 pm

        Thks for your reply, it is about what I thought, the old saying, be expected to walk away from it all. By the way who is Kelvin.
        Big Tks from BILL
        Reply

        Dec 02, 2017 at 8:12 pm

        • TheThailandLife says

          December 3, 2017 at 5:36 am

          He's another reader with knowledge on these subjects. He usually jumps in on these legal topics.
          Reply

          Dec 03, 2017 at 5:36 am

    • kelvin says

      December 2, 2017 at 12:35 pm

      This happens all the time and so I strongly suggest that people make a Will. It does not matter if she is younger than you as strange things happen. 61 people die per day on Thai alone.

      Having said that under the CCC 1629 Thai Law you are, as you were married and aquired this item during that time, entitled to 50% of the car and as your wife died intestate her 50% can go to her children.

      If the children challenge then you will need to give them some money to keep the peace.

      Although it was your money this Law still applies.

      Is there any other assets?
      Reply

      Dec 02, 2017 at 12:35 pm

      • kelvin says

        December 2, 2017 at 12:39 pm

        should be on the Thai roads from accidents (mostly bikes)
        Reply

        Dec 02, 2017 at 12:39 pm

      • Frank G Anderson says

        December 31, 2017 at 6:48 am

        Not if there was no will. If no will, all the surviving spouse gets is an equal share to the children if there are any. If two, then 1/3 each, etc. Message, if you want it all for the one year mandatory you have to get rid of it all anyhow provision pertaining to foreigners, then you need to have your Thai wife/spouse stipulate this in a will.
        Reply

        Dec 31, 2017 at 6:48 am

  32. Nattinee Napolitano says

    October 29, 2017 at 10:05 am

    Hi my ex husband died July 4,2016 I had a son with him only 11 years he did living in Thailand with Thai girlfriend no married. And he did make the will give all his asset to my son and have his sister be executor but he did this will in U.S. Embassy Bangkok but never bring to the complete at the court so this will can't go use in U.S. But before he died he had been sue his older son two of them at us because this two son had been steel his asset at us over $2 million. But he died before and now his will that make in Bangkok is not legal then this older son said there have a will that make in U.S. Show their are the two name that get everything from his dad.
    But there contact me be my son is only 11 years old and ask me to sign paper and give him to be executor for this will. That said nothing come to my son at all this will had make on Nov 2014 but my ex my ex make the new will on sep 2015 give everything to my son so what is the game?
    Reply

    Oct 29, 2017 at 10:05 am

    • kelvin says

      October 30, 2017 at 10:36 am

      it depends on the wording - does the Will say revoke all other Wills and Codicils?

      The Thailand Will is valid if signed by him and witnessed by 2 people at the same time.

      Your son is 11 years old and so you need a controller of property until he is 20 years old.

      The Will if valid then the legal system can appoint an Executor if one is not named in the Will.

      PM me if you want.
      Reply

      Oct 30, 2017 at 10:36 am

      • kelvin says

        October 30, 2017 at 5:58 pm

        Also, does the Will state Thailand assets only or USA assets only?
        Reply

        Oct 30, 2017 at 5:58 pm

    • Frank G Anderson says

      December 31, 2017 at 6:51 am

      The English here is not clear. I assume you are a Thai? If so, then your message should be in Thai language, and I can then translate it into formal English. There is considerable lack of clarity that can only be seen in original.
      Reply

      Dec 31, 2017 at 6:51 am

      • kelvin says

        January 2, 2018 at 1:16 pm

        Hi there Frank No I am English and the balance here is between NES people and ES people.So you need to be aware that many readers have English as a second language and so translating to formal English may not necessarily be the best course.Without hijacking the thread, you may ask for clarity on some issues as the Thai language and Thai law is accepted in Thai Courts. English is a courtesy for the foreigners. But when a point of law is reached then the courts will err to the Thai version and not visa versa.In case you were not aware the Thai language has no commas, full stops or other grammar guidelines. So the entire paragraph must be read and interpreted as the spirit of the documents.When in Thailand the Thai language takes precedence. If this is not clear please feel free to contact me.
        Reply

        Jan 02, 2018 at 1:16 pm

      • kelvin says

        January 2, 2018 at 1:18 pm

        seems like frank maybe a troll as "Frank G Anderson, an American expat in Nakhon Ratchasima and the editor of the Korat Post, has been sued for what he wrote on his website in Dec 2008 about Pol Lt Col Watthanasak's legal actions against people who he deemed guilty of the crime of lèse majesté." source https://prachatai.com/english/node/1673
        Reply

        Jan 02, 2018 at 1:18 pm

  33. gai says

    September 2, 2017 at 5:05 am

    I am a legal adopted heir. My father had passed away in Thailand. He did not leave any will. His second wife and his biological daughter came to Switzerland and transferred all the money to Bangkok. As a legal adopted heir, what is my part for the inheritance? I received a lette from my father's wife lawyer in Thailand as follow:

    example: 100000 thb inheritance

    wife title to 50%: 50000 thb

    the rest: 50000 thb dived by 3= 16666 (wife, daughter, adopted child)

    Why is the wife is receiving more than 50%? 50000+16666 bth?

    Please advise what % i should receive for my inheritance.
    Reply

    Sep 02, 2017 at 5:05 am

    • kelvin says

      September 3, 2017 at 6:45 pm

      Under section 1629 of the Civil and Commercial Code of Thailand there are 6 classes of statutory heirs and they are entitled to inherit in the following order:small map Thailand

      descendants \the fathers children
      parents \ fathers parents
      brothers and sisters of full blood
      brothers and sisters of half blood
      grandparents
      uncles and aunts
      The surviving spouse is a statutory heir, subject to the special provisions of
      Section 1635 Civil and Commercial Code.

      if they were legally married then the Sim Sod Lot law of 50-50 comes in if the assets were obtained after legally married. I hope this helps and the lesson for the day is MAKE a Will
      Reply

      Sep 03, 2017 at 6:45 pm

      • TheThailandLife says

        September 4, 2017 at 9:29 pm

        Great information. Thanks Kelvin.
        Reply

        Sep 04, 2017 at 9:29 pm

  34. kelvin says

    August 31, 2017 at 12:20 pm

    Yes Author this is common talk and even when set up properly issues arise.

    I will be the devils advocate: If for example you left your assets in say UK then anything over 375K Pounds would be taxed heavily, wheres if that money was in Thailand then it would lower the UK threshold and you would have an asset in Thailand. This is just one example. Another is the USA and there FACTA Laws that hunt down citizens that have over 10K USD in income overseas. If you dont pay then they will penalise you and big time. So setting up a company might be the way to go.

    Yes its true that things in Thailand could change but this is true all over the World. Think Cyprus Banks where people lost millions!

    A good Will and an even better Executor does make a difference when dealing with the family as should they do something to disregard the Will it could become a criminal or civil law matter. Trust me they normally dont have the income to fight this kind of thing.

    Arthur, its a real coin toss. So win so loose. From my experience the ones that loose have failed to plan and have trusted to much.
    Reply

    Aug 31, 2017 at 12:20 pm

  35. Sandra says

    August 30, 2017 at 7:37 pm

    my father died last weekend in thailand. He lived there for several years (not official) with his thai girlfriend. If he still had lived here in holland i had sign a form to say i don't want any thigh from him. Not his money not his car, personal belongings etc. But te case is he did't live here and the rules from thailand are the rules now.

    All i want is that his girlfriend can pay the funeral and get his car and the money if he had so.( i don't know because we are not unspeaking terms)

    What can i do?
    Please help
    Reply

    Aug 30, 2017 at 7:37 pm

    • TheThailandLife says

      August 30, 2017 at 10:25 pm

      Hi Sandra,Sorry to hear of your father's passing. I don't think you need to worry too much about this. His girlfriend will most likely keep the car and whatever possessions he had there. I'm sure he had discussed this with her to some degree. Any assets in Holland will be inherited by you or other siblings, unless your father made a will with specific details stating otherwise.
      Reply

      Aug 30, 2017 at 10:25 pm

    • kelvin says

      August 31, 2017 at 1:24 pm

      Signed a form?
      Not sure what this is?
      If you father lived here for many years its possible that he had some assets and a bank account.
      If the bank had less than 100K then the bank may let the next of kin (NOK) take it out. However the girl friend is not the NOK and so cannot (unless she has the PIN number for the ATM) take the money out.

      The car she can drive around and just register it and pay insurance each year. No one will probably know. Assets in the condo yes she will probably keep or sell.

      The Embassy would be informed of your fathers death. They will tell the NOK.

      It is possible the police went to your fathers house after his death and secured his passport and bank books and phone?

      If they have this then you will be able to see what state his affairs were in.

      The girl friend is not the NOK and not the common law wife. She is the GF and has not legal rights concerning your fathers wishes or estate.

      look on the internet for a funeral and probate lawyer.
      Reply

      Aug 31, 2017 at 1:24 pm

      • TheThailandLife says

        August 31, 2017 at 4:07 pm

        I think Sandra was saying if her father had lived in Holland she would have signed an agreement that did not give her rights to any of his estate. The GF could take whatever cash was in the house though right? and I assume she could quickly clear possessions from his house/apartment as no one would know exactly what was in there. Is the 100k bank account threshold a rule for NOK?
        Reply

        Aug 31, 2017 at 4:07 pm

        • kelvin says

          August 31, 2017 at 4:51 pm

          the 100K rule is dependent on the bank. When doing probate it is difficult as the bank does not have to tell you how much is in the account. So look for a bankbook and get it update via the bank machine.
          If dad didnt have a Will then succession of beneficiaries will kick in and Sandra as a sibling whether she wants or not could be in line for inheritance or simply walk away and let the state deal with it.
          Reply

          Aug 31, 2017 at 4:51 pm

  36. Elijah says

    August 23, 2017 at 9:29 am

    If my wife is a Thai & I am a Malaysian, when I pass away, can my Thai wife sell away my car? My parents & brothers are still alive & living in Malaysia & I do not have a will. What are the procedures? What documentations are required?
    Reply

    Aug 23, 2017 at 9:29 am

    • TheThailandLife says

      August 24, 2017 at 6:41 pm

      Potentially she could, yes. It isn't that straight forward, but who could stop her -- since your family are not in the country and you have no Will stipulating otherwise. Simple answer: go to a lawyer and get a will made. File a will in Thailand for your assets there, and one in your home country.
      Reply

      Aug 24, 2017 at 6:41 pm

      • kelvin says

        August 25, 2017 at 1:55 pm

        yes get a Will and then move on
        Reply

        Aug 25, 2017 at 1:55 pm

  37. Ron says

    July 1, 2017 at 5:27 pm

    My situation seems very simple ... 3 years after our mariage in Thailand I (foreigner) bought a condo on my name only (my spouse signed an agreement) ... Now, 12 years later I want to offer (= zero baht) my condo to my wife - no kids - Is it possible ? Expensive ?
    Thx
    Reply

    Jul 01, 2017 at 5:27 pm

    • TheThailandLife says

      July 1, 2017 at 8:59 pm

      You mean transfer it to her for free? As far as I know doing so will not incur any gift tax because the property is likely not worth more than 20m Baht. Don't quote me on this, but I think there will be a transfer tax fee of 2% of the value of the property. She would not pay stamp duty because the price is zero Baht.
      Reply

      Jul 01, 2017 at 8:59 pm

    • kelvin says

      July 2, 2017 at 2:06 pm

      offer?
      under Thai Simsod lot law whatever you acquire during marriage is 50 % owned by wife
      so I assume she signed and agreement to state she did not want her 50%
      also did you buy under the Thai 51% in the building ratio - hence she needed to sign and now if you transfer to her then this % will go back into the condo Thai ratio?
      If I am correct in understanding that you want to transfer to wife then it will attract all the fees and transfers - just like a normal sale and based on the Land Office estimate of the value - whereas if you were dead then she would inherit and the fees would be less.
      Make a Will - keep the condo as is as this will be cheaper
      Reply

      Jul 02, 2017 at 2:06 pm

  38. karma says

    June 4, 2017 at 7:14 pm

    what happens if there is a Will but French spouse (husband) passed away but has assets in Thailand? Wife and son are Singaporean. If Will states all assets to be given to wife, is she eligible or the deceased family will inherit the assets?

    Please clarify.

    thanks
    Reply

    Jun 04, 2017 at 7:14 pm

    • TheThailandLife says

      June 5, 2017 at 3:50 pm

      If his assets held in Thailand are detailed in his Will to be passed to his Singaporean wife and son then the first question is: did he file a copy of his Will in Thailand (in Thai) with a Thai probate lawyer? If the answer is yes, then the Wife will simply need to make an appointment with the lawyer to proceed with the instructions. If the answer is no, the process could be a long one, particularly if there are any "other" persons in his life living in Thailand who feel they have a right to some of the estate. In this case, get a copy of the Will and find a reputable lawyer immediately to represent "you".
      Reply

      Jun 05, 2017 at 3:50 pm

      • thai888 says

        June 5, 2017 at 4:08 pm

        Wife and son are non residents and depending on the assets there will be different ways to go.
        Are they legally married?
        If the Will is valid - to prove this the Will and the Executor must read must go to court to prove this. Hence a lawyer is mandatory -no way around this.
        If the Will was not in Thai it will need to be translated.
        If the son is under 18 years old then he will need a controller of property until he is 18.
        If there is property owned then it will have to be sold within 12 months unless it is in a company name then we simply transfer the Directorship over.
        Money in the bank will nee a court order unless there is an ATM card and PIN number handy.
        Cars and bikes - depends how old they are - might be able to sell or usually if old
        I am professional with International Probate- contact me
        regards Kelvin
        Reply

        Jun 05, 2017 at 4:08 pm

        • thai888 says

          June 5, 2017 at 4:19 pm

          amend age to 20 years old
          Reply

          Jun 05, 2017 at 4:19 pm

  39. KB says

    June 15, 2016 at 10:22 am

    another post mentioned giving away Thai citizenship. However this person was not born in Thailand. The poster says he is eligible to apply. Yes he can but having 50% Thai blood does not give him any special treatment. See here:Article 23 of the 2008 Nationality Act reversed the 1972 Act, restoring citizenship to those who had it before, and allowing people born in Thailand before 1992 to apply for Thai citizenship anew. However, applicants have reported various difficulties in getting government officials to process their applications. Following the Act's passage, one of the first people to gain citizenship under Article 23 was Fongchan Suksaneh, a child of American missionaries to the Mlabri people who was born in Chiang Mai Province.[6][8] Children neither of whose parents are citizens and at least one of whose parents is an illegal alien remain not entitled to jus soli citizenship.[1] Furthermore, someone who has Thai citizenship by sole virtue of jus soli may still lose Thai citizenship under various conditions of the 2008 Act (such as living abroad) which do not apply to people who have Thai citizenship by virtue of jus sanguinis.[9] In 2013, the Ministry of Interior proposed new immigration regulations, based on Section 7 of the 2008 Nationality Act, to declare children who did not gain Thai citizenship at birth as illegal immigrants and have them deported.[10]
    Reply

    Jun 15, 2016 at 10:22 am

    • TheThailandLife says

      June 15, 2016 at 10:56 am

      Yes, I read the same. This looks like it was taken from the same Wikipedia article. My line, "Persons born anywhere in the world to at least one parent with Thai citizenship themselves are entitled to Thai citizenship at birth" was from the same article.
      Reply

      Jun 15, 2016 at 10:56 am

  40. Haruto says

    June 14, 2016 at 1:57 pm

    I have one question and if my parent were living in Thailand and my father was an American and my mother was Thai and I myself was half US/Thai. But I've decided to be American and throw away my Thai Nationality. If my parents dies from something, will I be able to inherit their stuff or what will happen.
    (As a case, not real)

    Thank you for answering.
    Reply

    Jun 14, 2016 at 1:57 pm

    • TheThailandLife says

      June 14, 2016 at 2:00 pm

      In this situation, as long as your parents have a Will that stipulates that their estate will be left to you if they die, it would go to you.
      Reply

      Jun 14, 2016 at 2:00 pm

    • KB says

      June 14, 2016 at 2:19 pm

      I have a question
      you say you are half Thai and half US - this does not matter as it is where you were born.
      ie if you were born in Thailand then you have rights. If you were born in USA of Thai and American parent then you are a US Citizen - not Thai and therefore you have no nationality to throw away.
      You can inherit your parents assets by way of a Will.
      If no Will then the Laws of succession apply.

      If a house is involved or land or condominium then there could be an issue if you are not a Thai national. So think carefully about giving away your rights.
      Reply

      Jun 14, 2016 at 2:19 pm

      • TheThailandLife says

        June 14, 2016 at 9:26 pm

        Even if born in the US, he is still eligible for Thai citizenship because of having a Thai parent.Persons born anywhere in the world to at least one parent with Thai citizenship themselves are entitled to Thai citizenship at birth.
        Reply

        Jun 14, 2016 at 9:26 pm

  41. KB says

    May 25, 2016 at 1:01 pm

    yes renting is OK
    if you dont want any assets in Thailand
    but with most things the longer you spend in a country the more assets you accrue
    ie money in the bank for your retirement visa extension of stay
    bike car cash jewelry - it all adds up.

    the extended Thai family cant get anything if a proper Will is drawn up. They are not even entitled to one single baht if not listed as beneficiaries.

    so get a Will drawn up as its not expensive compared to how much you could loose out to the Government if you dont have one.
    Reply

    May 25, 2016 at 1:01 pm

  42. Sue Jones says

    May 24, 2016 at 4:38 am

    My Dad moved to Thailand from the UK about 8 years ago, where he married a thai woman. He's almost disregarded having my brother and I over here, apart from this last couple of weeks, when my brother passed away suddenly, leaving a house and a large Death in Service benefit - he doesn't have any children or partner, so from what I gather his estate goes to my Dad.

    My Dad jumped on a plane straight away and it's quite clear he's done so to ensure he gets all the monies. He's also bragging that he'll be taking all monies back to thailand and when something happens to him, everything will go to his wife.

    I'm not trying to be a gold digger, but am struggling to understand how he gets to have everything from my brother and then his wife then gets everything, when in fact, my mum when she was alive worked hard for everything and would have wanted my to recieve inheritance too.

    Are there any loop holes, is there anyway I would be able to make a claim on my dads estate in the event of his death. I'm not worried about what he has with his wife, but do feel it's very unjust that she would benefit from everything.
    Reply

    May 24, 2016 at 4:38 am

    • TheThailandLife says

      May 24, 2016 at 4:48 pm

      I have no idea what claim you might have, but I assume that a lawyer would seek an injunction for you on the basis that you should have a claim. What that basis would be I don't know. It would be worth paying the hourly fee to speak to a probate lawyer about this.
      Reply

      May 24, 2016 at 4:48 pm

  43. kelvin says

    February 3, 2016 at 5:53 pm

    In some cases where the Executor is sick, old or overseas and it would be disruptive then the court may allow power of attorney for another person in Thailand to act in their place. However, it is purely at the discretion of the courts.

    Most times the Executor or the beneficiary under the succession laws must make an appearance in court.

    Also, say for example a property needs to be sold the the Land Office would want the beneficiary to sign at the Land Office.

    Its complicated and thats why its best to let the Lawyers handle it ( as much as people hate Lawyers).

    Plus all is in Thai and need official translation, in many cases by the Department of Foreign Affairs.
    Reply

    Feb 03, 2016 at 5:53 pm

  44. kelvin says

    February 1, 2016 at 11:32 am

    a good over view of making a Will. However, from my experience and from statistics it shows that most people do not make a Will. Crazy as it sounds its true. This omission causes a lot of stress and delays as the remaining partner may not have sufficient funds to last until the court approves either dying intestate (without a Will) and dying with a Will.
    It normally takes up to 3 months to get to court and another month to receive challenges to the Will or the Executor.

    In 100% of cases the Executor after finding out they need to go to court and then run around winding up the estate resign. This causes more delays as the new Executor must then get Power of Attorney from the old Executor.

    Another issue is that the partner can inherit a condo however if they are overseas then they are non resident and do not have a visa and so have to sell the property within a year.

    Children under the age of 20 if they inherit will need a controller or property (COP) to look after the estate until the child reaches age. However this COP can draw funds to see to the child's schooling and upkeep.

    And the assets in most cases need to be liquidated and this takes time.
    Reply

    Feb 01, 2016 at 11:32 am

    • TheThailandLife says

      February 2, 2016 at 1:53 pm

      Thanks for this information Kelvin, it definitely adds value to the post and brings up some key points. This is particularly interesting: "Children under the age of 20 if they inherit will need a controller or property (COP) to look after the estate until the child reaches age. However this COP can draw funds to see to the child’s schooling and upkeep." I imagine this could be a real problem if a child is very young as the inheritance could be unscrupulously spent on "upkeep" before the child gets to see any money when he or she comes of age.
      Reply

      Feb 02, 2016 at 1:53 pm

      • kelvin says

        August 31, 2017 at 12:11 pm

        Yes its a problem as mum might be the controller of property for a long time and there is no mechanism to audit her.

        Also the Executor of the Will may look after this but as you say they are on the hook for many many years.

        If only Thailand had Trusts, so the child could draw down on the assets through the Trustee.
        Reply

        Aug 31, 2017 at 12:11 pm

  45. arthurb says

    December 22, 2015 at 1:16 am

    Another reason not to buy any assets here. Rent everything and leave your valuables at home with a will that your family knows about. The system here is not set up to make you richer, and that's putting it mildly. I've known a couple of guys who passed away here and their families had a lot of trouble getting what was rightfully theirs from the said gentlemen's greedy extended Thai families.
    Reply

    Dec 22, 2015 at 1:16 am

    • TheThailandLife says

      December 22, 2015 at 2:06 am

      I agree in part Arthur. But I'm pretty sure if all one's affairs are in order, e.g. a lawyer is instructed in Thailand and in your home country as to what you own in Thailand and who should inherit these assets, it should be straight forward enough. What is a concern, though, is the regularly shifting political situation and the subsequent changes in law that come with this. This may at some point affect the way inheritance works of foreigners' assets in Thailand.
      Reply

      Dec 22, 2015 at 2:06 am

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