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

If you've been lucky enough to amass over 100 million Baht (approx $3M) in the Kingdom, 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.

What if your wife goes first? Do you benefit from her estate?

What of single guys and 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 that few people know where they stand on such matters, thus the need for this article.

In this post, I'll explore Thai inheritance tax law, 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. Wealthy Thais are far wealthier than most might expect, 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, 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. So you can't expect the will filed in your home country to 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.

Half of the estate will automatically be passed to your wife and the rest divided first among children, then surviving parents, then full-blood brothers and sisters, then half-blood brothers and sisters, then grandparents and finally aunts and uncles.

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 – 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 stupid 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 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, drive their wife's car, and may even live off  their wife's income.

If you fall into this category, then your 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.

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

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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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  1. Peter says

    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

    • Marie says

      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

      • kelvin says

        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

    • kelvin says

      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 auntsThe 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 WillWhat 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

      • mervyn parsons says

        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

        • Bob says

          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

          • mervyn parsons says

            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

            • kelvin bamfield says

              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

              • mervyn parsons says

                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

                • kelvin bamfield says

                  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

        • k says

          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

          • mervyn parsons says

            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

    • Helpless farang says

      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

      • kelvin bamfield says

        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

        • Helpless farang says

          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

  2. Katja says

    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

  3. Slade says

    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

    • kelvin bamfield says

      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

  4. George says

    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

    • kelvin bamfield says

      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

      • GEORGE CUSHING says

        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

        • kbamfield says

          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 yearBy 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 personHowever 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

  5. Rebecca Hall says

    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

    • Kelvin Bamfield says

      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

    • Rita says

      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

      • Kelvin Bamfield says

        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

        • Rita says

          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

          • kelvin says

            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

    • Kelvin Bamfield says

      hellothe 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 withthe pre nup can be made to say what your brother brought into the marriage was his and remains his and the smae for herwhen 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 lawI hope this helps thai888K
      Reply

  7. Dan says

    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

    • kelvin says

      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

      • Dan Dixon says

        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

  8. Oliver says

    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

    • James E says

      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

      • Kelvin Bamfield says

        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

  9. Lizzie says

    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

    • Bob says

      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

      • Bob says

        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.
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        • Kelvin Bamfield says

          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
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          • Bob says

            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

              • Kelvin Bamfield says

                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

            • Kelvin Bamfield says

              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.
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    • Kelvin Bamfield says

      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

  10. Sarah Petursson says

    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

  11. Diana says

    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?
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    • Bob says

      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

    • Kelvin Bamfield says

      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

      • Bob says

        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.
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        • TheThailandLife says

          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.
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          • Bob says

            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

        • Kelvin Bamfield says

          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 courtsWhatever 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.
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          • Bob says

            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

            • Kelvin Bamfield says

              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 bestSo far so good.
              Reply

  12. leeanne rogers says

    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

    • Kelvin Bamfield says

      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

  13. Henny says

    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.
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    • Kelvin Bamfield says

      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 -
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      • Henny says

        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...
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        • Kelvin Bamfield says

          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

  14. Gemma says

    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

  15. Becca56 says

    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

    • TheThailandLife says

      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

      • Kelvin Bamfield says

        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

  16. Art Colgain says

    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.
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    • thai888 says

      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" onlyWhat are was the accident and where did it go to court?I am based in Thailand for 20 years
      Reply

  17. Jim says

    HiI 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

    • thai888 says

      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 youThere are ways to do this and proving who you are and your relationship to your father is a first stepIn 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 itThese docs are not strong until you get them notarised and possibly legalised at the Thailand Embassy or Consulate in ScotlandThen of course the docs are in English and need to be translated for the courts here in ThailandMaybe 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 itLook forward to your reply
      Reply

  18. Eric says

    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

  20. Claire Lawson says

    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

    • thai888 says

      yes this is a common issueas it is less than 100,000 baht the bank should give it to someone with power of attorneyDid 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

      • claire lawson says

        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

        • thai888 says

          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
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        • thai888 says

          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

  21. Donn says

    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

    • thai888 kelvin says

      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

  22. Blake says

    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

  23. Darrell says

    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!
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    • kelvin says

      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

  24. Babs says

    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.
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    • kelvin says

      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

    • TheThailandLife says

      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

    • kelvin says

      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

  26. Nattinee Napolitano says

    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?
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    • kelvin says

      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

    • Frank G Anderson says

      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

      • kelvin says

        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

  27. gai says

    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 inheritancewife 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

    • kelvin says

      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 Thailanddescendants \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

  28. kelvin says

    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

  29. Sandra says

    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

    • TheThailandLife says

      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

    • kelvin says

      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

      • TheThailandLife says

        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

        • kelvin says

          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

  30. Elijah says

    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

  31. Ron says

    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

    • TheThailandLife says

      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

    • kelvin says

      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

  32. karma says

    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

    • TheThailandLife says

      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

      • thai888 says

        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

  33. KB says

    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

    • TheThailandLife says

      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

  34. Haruto says

    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

    • KB says

      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

      • TheThailandLife says

        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

  35. KB says

    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

  36. Sue Jones says

    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

    • TheThailandLife says

      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

  37. kelvin says

    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

  38. kelvin says

    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

    • TheThailandLife says

      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

      • kelvin says

        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

  39. arthurb says

    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

    • TheThailandLife says

      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

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