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.
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:
- 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.
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:
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.
—————-
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.
Last Updated on
Bryan S says
Also looking for a reputable stock brokerage to help a Thai national set up an investment account.
Any suggestions are appreciated.
Jun 21, 2021 at 9:53 pm
kelvin bamfield says
Jun 23, 2021 at 9:10 am
Peter says
Mar 15, 2021 at 9:11 am
Marie says
Mar 15, 2021 at 3:47 pm
kelvin says
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
Mar 15, 2021 at 6:00 pm
Bryan S says
Jun 21, 2021 at 11:44 pm
kelvin says
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
Mar 15, 2021 at 4:15 pm
TheThailandLife says
Mar 15, 2021 at 4:41 pm
Peter says
Mar 15, 2021 at 6:10 pm
mervyn parsons says
Mar 22, 2021 at 8:25 pm
TheThailandLife says
Mar 23, 2021 at 3:07 am
mervyn parsons says
Mar 20, 2021 at 2:11 am
Bob says
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
Mar 20, 2021 at 9:01 am
TheThailandLife says
Mar 21, 2021 at 4:42 am
mervyn parsons says
Mar 21, 2021 at 3:59 pm
kelvin bamfield says
Mar 22, 2021 at 9:35 am
mervyn parsons says
Mar 22, 2021 at 6:51 pm
kelvin bamfield says
Mar 22, 2021 at 10:08 am
mervyn parsons says
Mar 22, 2021 at 3:43 pm
kelvin bamfield says
Mar 22, 2021 at 6:59 pm
mervyn parsons says
Mar 23, 2021 at 2:57 am
k says
Mar 21, 2021 at 8:52 am
mervyn parsons says
Mar 21, 2021 at 8:14 pm
Helpless farang says
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
Apr 04, 2021 at 7:06 pm
kelvin bamfield says
Apr 05, 2021 at 9:14 am
Helpless farang says
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
Apr 11, 2021 at 11:55 pm
Katja says
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!
Feb 09, 2021 at 11:39 pm
kelvin bamfield says
i believe your parents already contacted me and I have emailed them back the procedures -regards kelvin
Feb 10, 2021 at 12:14 pm
Slade says
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?
Jan 28, 2021 at 9:13 am
kelvin bamfield says
Jan 29, 2021 at 10:05 am
kelvin bamfield says
Feb 10, 2021 at 12:15 pm
George says
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
Oct 07, 2020 at 12:01 am
kelvin bamfield says
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
Oct 07, 2020 at 2:10 pm
GEORGE CUSHING says
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
Apr 14, 2021 at 3:40 am
kbamfield says
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.
Apr 14, 2021 at 9:50 am
George says
Apr 15, 2021 at 8:54 pm
kelvin bamfield says
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
Apr 16, 2021 at 9:24 am
Rebecca Hall says
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
Apr 01, 2020 at 3:49 pm
Kelvin Bamfield says
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
Apr 02, 2020 at 6:25 pm
Rita says
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 🙏
Sep 10, 2020 at 11:53 pm
Kelvin Bamfield says
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
Sep 12, 2020 at 10:07 am
Rita says
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
Mar 15, 2021 at 7:06 pm
kelvin says
Mar 16, 2021 at 1:05 pm
Shelley says
Jul 19, 2021 at 6:55 am
TheThailandLife says
Jul 19, 2021 at 2:57 pm
Shelley says
Jul 21, 2021 at 4:45 am
JamesE says
Jul 22, 2021 at 6:19 am
kelvin bamfield says
Jul 23, 2021 at 10:02 am
JamesE says
Jul 23, 2021 at 10:36 pm
shelley says
Jul 25, 2021 at 5:38 am
kb says
Jul 25, 2021 at 2:57 pm
Shelley says
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
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
Buyer and seller meet there, the ownership is transferred and the buyer pays using a cashier's check from the bank.
Jul 25, 2021 at 8:17 am
Shelley says
Jul 26, 2021 at 9:12 am
kelvin bamfield says
Jul 26, 2021 at 9:48 am
Bob says
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
Jul 28, 2021 at 9:56 am
Bob says
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
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
Jul 25, 2021 at 3:51 pm
Bob says
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
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
Jul 27, 2021 at 1:39 pm
TheThailandLife says
Jul 27, 2021 at 3:22 pm
Bob says
"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
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
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
Jul 28, 2021 at 9:59 am
kb says
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
Jul 22, 2021 at 12:40 pm
Shelley says
Jul 25, 2021 at 5:42 am
JamesE says
Jul 19, 2021 at 9:57 pm
Shelley says
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
Jul 21, 2021 at 4:39 am
kelvin bamfield says
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
Jul 23, 2021 at 10:05 am
kelvin says
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
Jul 21, 2021 at 9:05 am
Bob says
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.
Jul 21, 2021 at 4:49 pm
kelvin bamfield says
Jul 23, 2021 at 10:06 am
kb says
but this thread is to educate the ones that might want to settle in paradise
Jul 25, 2021 at 3:52 pm
Shelley says
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 !
Jul 27, 2021 at 8:57 pm
kelvin says
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.
Jul 28, 2021 at 9:53 am
Bob says
You won't get an FFT with crypto
Jul 28, 2021 at 6:17 pm
JamesE says
Jul 21, 2021 at 10:18 pm
k says
Jul 22, 2021 at 12:46 pm
kelvin bamfield says
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
Jul 21, 2021 at 9:15 am
David says
Mar 03, 2020 at 10:07 pm
Kelvin Bamfield says
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
Mar 04, 2020 at 11:10 am
Dan says
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?
Feb 26, 2020 at 10:12 pm
kelvin says
Feb 27, 2020 at 9:34 am
Dan Dixon says
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?
Mar 03, 2020 at 4:07 pm
kelvin says
The mod may give my email to you, as I do probate in Thailand
Mar 03, 2020 at 4:51 pm
TheThailandLife says
Mar 03, 2020 at 5:12 pm
Oliver says
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?
Oct 15, 2019 at 3:08 am
James E says
Oct 15, 2019 at 9:20 am
Kelvin Bamfield says
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.
Oct 15, 2019 at 3:40 pm
Kelvin Bamfield says
if its small money and lots of in fighting then leave it alone as fees and time may eat up the estate
Oct 17, 2019 at 12:18 pm
Lizzie says
Sep 29, 2019 at 8:25 pm
Bob says
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.
Sep 30, 2019 at 10:19 am
Bob says
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.
Sep 30, 2019 at 6:15 pm
Kelvin Bamfield says
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
Oct 02, 2019 at 11:54 am
Bob says
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".
Oct 02, 2019 at 6:59 pm
TheThailandLife says
Oct 02, 2019 at 7:27 pm
Kelvin Bamfield says
Oct 03, 2019 at 4:30 pm
Kelvin Bamfield says
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.
Oct 03, 2019 at 4:25 pm
Kelvin Bamfield says
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
Sep 30, 2019 at 11:45 am
TheThailandLife says
Sep 30, 2019 at 5:42 pm
Kelvin Bamfield says
Oct 17, 2019 at 12:16 pm
Sarah Petursson says
Many thanks
Sarah Petursson
Mar 14, 2019 at 12:25 pm
TheThailandLife says
Mar 14, 2019 at 6:14 pm
Diana says
Mar 12, 2019 at 12:09 pm
Bob says
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.
Mar 12, 2019 at 7:28 pm
Kelvin Bamfield says
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?
Mar 13, 2019 at 9:37 am
TheThailandLife says
Mar 13, 2019 at 6:49 pm
Bob says
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.
Mar 13, 2019 at 8:42 pm
TheThailandLife says
Mar 13, 2019 at 9:03 pm
Bob says
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.
Mar 13, 2019 at 9:42 pm
Kelvin Bamfield says
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.
Mar 14, 2019 at 9:16 am
Bob says
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.
Mar 14, 2019 at 7:32 pm
Kelvin Bamfield says
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.
Mar 16, 2019 at 2:01 pm
leeanne rogers says
Dec 03, 2018 at 10:23 pm
Kelvin Bamfield says
Let me know
Dec 04, 2018 at 9:57 am
Henny says
Nov 29, 2018 at 7:48 am
Kelvin Bamfield says
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 -
Nov 30, 2018 at 9:08 am
Henny says
Dec 02, 2018 at 1:54 pm
Kelvin Bamfield says
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
Dec 03, 2018 at 9:51 am
TheThailandLife says
Dec 03, 2018 at 6:47 pm
Henny says
Thank you so very much for the help.
Dec 04, 2018 at 10:19 am
TheThailandLife says
Dec 04, 2018 at 6:41 pm
Gemma says
Oct 25, 2018 at 4:17 pm
TheThailandLife says
Oct 25, 2018 at 5:01 pm
Kelvin Bamfield says
in any case try to convince him that he should make a Will as now its anyones guess as to what happens.
Oct 25, 2018 at 5:33 pm
Bob says
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?
Feb 17, 2019 at 12:00 pm
Becca56 says
Sep 04, 2018 at 5:30 am
TheThailandLife says
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.
Sep 04, 2018 at 4:16 pm
Kelvin Bamfield says
Sep 04, 2018 at 4:29 pm
Kelvin Bamfield says
Sep 04, 2018 at 4:24 pm
Art Colgain says
May 22, 2018 at 12:45 am
thai888 says
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
May 23, 2018 at 2:59 pm
Jim says
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 ?
May 01, 2018 at 7:23 pm
thai888 says
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
May 02, 2018 at 4:31 pm
TheThailandLife says
May 02, 2018 at 5:03 pm
Marie says
May 03, 2018 at 10:13 am
Eric says
Mar 18, 2018 at 12:12 pm
Eric says
Mar 14, 2018 at 12:42 pm
TheThailandLife says
Mar 15, 2018 at 4:13 pm
thai888 says
Mar 19, 2018 at 10:04 am
Claire Lawson says
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
Mar 11, 2018 at 7:01 pm
thai888 says
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.
Mar 12, 2018 at 10:15 am
claire lawson says
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?
Mar 13, 2018 at 12:08 am
thai888 says
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
Mar 13, 2018 at 11:44 am
thai888 says
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
Mar 13, 2018 at 11:49 am
Donn says
Feb 03, 2018 at 12:29 am
thai888 kelvin says
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.
Feb 03, 2018 at 11:18 am
Blake says
Jan 11, 2018 at 6:05 am
kelvin says
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.
Jan 11, 2018 at 10:03 am
TheThailandLife says
Jan 11, 2018 at 10:20 am
Blake says
Jan 11, 2018 at 11:35 pm
Blake says
Jan 11, 2018 at 7:49 pm
kelvin says
I am involved in international Law
Jan 12, 2018 at 11:48 am
Blake says
Jan 13, 2018 at 8:59 pm
kelvin says
Jan 15, 2018 at 1:44 pm
TheThailandLife says
Jan 16, 2018 at 11:03 am
thai888 kelvin says
Feb 03, 2018 at 11:19 am
Darrell says
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!
Jan 11, 2018 at 2:47 am
kelvin says
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.
Jan 11, 2018 at 9:51 am
Babs says
Dec 28, 2017 at 8:26 pm
kelvin says
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.
Dec 29, 2017 at 2:52 pm
Babs says
Dec 31, 2017 at 6:22 pm
Babs says
Dec 31, 2017 at 6:45 pm
kelvin says
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.
Jan 02, 2018 at 4:16 pm
kelvin says
try
Jan 02, 2018 at 4:25 pm
Babs says
Jan 03, 2018 at 5:48 am
Babs says
Mar 21, 2018 at 8:29 pm
thai888 says
If the mod allows you can contact me by email
Mar 22, 2018 at 11:14 am
TheThailandLife says
Mar 22, 2018 at 3:46 pm
Babs says
Thanks
Apr 04, 2018 at 3:43 pm
TheThailandLife says
Apr 04, 2018 at 5:38 pm
Babs says
Mar 22, 2018 at 8:24 pm
Bill says
Dec 01, 2017 at 3:58 pm
TheThailandLife says
Dec 01, 2017 at 4:33 pm
Bill says
Big Tks from BILL
Dec 02, 2017 at 8:12 pm
TheThailandLife says
Dec 03, 2017 at 5:36 am
kelvin says
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?
Dec 02, 2017 at 12:35 pm
kelvin says
Dec 02, 2017 at 12:39 pm
Frank G Anderson says
Dec 31, 2017 at 6:48 am
Nattinee Napolitano says
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?
Oct 29, 2017 at 10:05 am
kelvin says
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.
Oct 30, 2017 at 10:36 am
kelvin says
Oct 30, 2017 at 5:58 pm
Frank G Anderson says
Dec 31, 2017 at 6:51 am
kelvin says
Jan 02, 2018 at 1:16 pm
kelvin says
Jan 02, 2018 at 1:18 pm
gai says
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.
Sep 02, 2017 at 5:05 am
kelvin says
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
Sep 03, 2017 at 6:45 pm
TheThailandLife says
Sep 04, 2017 at 9:29 pm
kelvin says
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.
Aug 31, 2017 at 12:20 pm
Sandra says
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
Aug 30, 2017 at 7:37 pm
TheThailandLife says
Aug 30, 2017 at 10:25 pm
kelvin says
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.
Aug 31, 2017 at 1:24 pm
TheThailandLife says
Aug 31, 2017 at 4:07 pm
kelvin says
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.
Aug 31, 2017 at 4:51 pm
Elijah says
Aug 23, 2017 at 9:29 am
TheThailandLife says
Aug 24, 2017 at 6:41 pm
kelvin says
Aug 25, 2017 at 1:55 pm
Ron says
Thx
Jul 01, 2017 at 5:27 pm
TheThailandLife says
Jul 01, 2017 at 8:59 pm
kelvin says
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
Jul 02, 2017 at 2:06 pm
karma says
Please clarify.
thanks
Jun 04, 2017 at 7:14 pm
TheThailandLife says
Jun 05, 2017 at 3:50 pm
thai888 says
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
Jun 05, 2017 at 4:08 pm
thai888 says
Jun 05, 2017 at 4:19 pm
KB says
Jun 15, 2016 at 10:22 am
TheThailandLife says
Jun 15, 2016 at 10:56 am
Haruto says
(As a case, not real)
Thank you for answering.
Jun 14, 2016 at 1:57 pm
TheThailandLife says
Jun 14, 2016 at 2:00 pm
KB says
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.
Jun 14, 2016 at 2:19 pm
TheThailandLife says
Jun 14, 2016 at 9:26 pm
KB says
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.
May 25, 2016 at 1:01 pm
Sue Jones says
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.
May 24, 2016 at 4:38 am
TheThailandLife says
May 24, 2016 at 4:48 pm
kelvin says
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.
Feb 03, 2016 at 5:53 pm
kelvin says
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.
Feb 01, 2016 at 11:32 am
TheThailandLife says
Feb 02, 2016 at 1:53 pm
kelvin says
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.
Aug 31, 2017 at 12:11 pm
arthurb says
Dec 22, 2015 at 1:16 am
TheThailandLife says
Dec 22, 2015 at 2:06 am