Thailand recently finalised its new inheritance tax law, and if you're lucky enough to have amassed a fortune of 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.
But what if your wife goes first? Do you benefit from her estate? And 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?
Yup, not many people know where they stand on such matters. So in this post I'll explore not just the new inheritance tax law, but also what happens to your assets if you die in Thailand, and where you stand to inherit if your wife or partner goes before you do.
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 usually far wealthier than their European and American counterparts, 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.
OK, But Aside From The Legal Jargon, What Happens to My Assets by Default 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. Well 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. You see, what happens when you die in Thailand is that 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 totalled 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 to 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, and of course filing 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.
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 she 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 authorised 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 this 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 bag 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: samuiforsale.com/family-law/marriage-property-regime.html
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 to a degree 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.
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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.
Last Updated on
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.
May 22, 2018 at 12:45 am
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” 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
Hi
I badly need help , my father died in Pattaya recently , I’m the only child my mum died years ago , I hired a lawyer over there as he left a will in Scotland with his lawyer , I am named as sole executor , this was thrown out of court as only one witness signature, found this out on arrival at the court , now I have to go back with
And give copies of grandparents and parents death certificates to obtain court order for funds in bank account, how will this prove I am the only child ?
May 01, 2018 at 7:23 pm
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 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
I can email you Thai888’s email if you want it. I have given it to other readers in similar situations.
May 02, 2018 at 5:03 pm
Marie says
Yes thanks
May 03, 2018 at 10:13 am
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
Mar 18, 2018 at 12:12 pm
Eric says
Please send me Kevin’s email as I’m involved in a case where my friend has just passed and have questions in regards to his will and rights of his family to claim his assets
Mar 14, 2018 at 12:42 pm
TheThailandLife says
I have sent you Kevin’s email address via email.
Mar 15, 2018 at 4:13 pm
thai888 says
thank you for this and we are in contact
Mar 19, 2018 at 10:04 am
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
Mar 11, 2018 at 7:01 pm
thai888 says
yes this is a common issue
as it is less than 100,000 baht the bank should give it to someone with power of attorney
Did your uncle die without a Will in any country – ie intestate?
If so the succession rules kick in and therefore you need to prove by birth certificates, passports and other means that you are indeed the only remaining kin.
The banks have you at a disadvantage in that they can sit on the money until you prove who you are or get a court order.
After costs there would not be much left.
Sometime in the future you may visit Thailand and then personally go to the bank with the documents and they may give you the money.
That’s a may.
Mar 12, 2018 at 10:15 am
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?
Mar 13, 2018 at 12:08 am
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
Mar 13, 2018 at 11:44 am
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
Mar 13, 2018 at 11:49 am
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.
Feb 03, 2018 at 12:29 am
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.
Feb 03, 2018 at 11:18 am
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?
Jan 11, 2018 at 6:05 am
kelvin says
Was there a Will nominating an Executor?
His GF has no legal grounds as common law wife.
Did this go to court? and if so as you said the condo should have been sold as you are non residents here.
Who’s been paying the common fees etc on the condo?
Normally if not sold the court can order it be seized and sold at auction will be less than market value. So after 3 years you are lucky.
So you will need to sell through an agent if you are not here. The market is low at the moment.
I would love to help you however this site does not allow direct contact.
Jan 11, 2018 at 10:03 am
TheThailandLife says
I can facilitate an email exchange if both parties agree. Blake, if you want to contact Kelvin email me using the contact form and I can send you Kelvin’s email.
Jan 11, 2018 at 10:20 am
Blake says
Thank you!
Jan 11, 2018 at 11:35 pm
Blake says
Thank you kelvin. No, he did not have a will. My father was his executor at the time and allowed the girlfriend to stay as long as she paid the utilities/dues. The condo was paid for so there wasn’t a mortgage to pay. Our father has since died and we are trying to close the estates. The condo isn’t part of the my brothers estate so we are left to handle the sale on our own. Kelvin, are you a realtor or involved in international law?
Jan 11, 2018 at 7:49 pm
kelvin says
Not a realtor
I am involved in international Law
Jan 12, 2018 at 11:48 am
Blake says
I look forward to hearing from you. I’ve sent an email request. Thank you.
Jan 13, 2018 at 8:59 pm
kelvin says
I have not received any email
Jan 15, 2018 at 1:44 pm
TheThailandLife says
Hi Kelvin, I passed on your email yesterday. Thanks.
Jan 16, 2018 at 11:03 am
thai888 kelvin says
hi yes I received some mails from you and now things seem to have dried up. If I can assist further contact me
Feb 03, 2018 at 11:19 am
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!
Jan 11, 2018 at 2:47 am
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.
Jan 11, 2018 at 9:51 am
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.
Dec 28, 2017 at 8:26 pm
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.
Dec 29, 2017 at 2:52 pm
Babs says
No he was he wasn’t married and had no children and the amount is less than 100k. We have other siblings who he did not get along with and have not been in contact with for more than 30 years. He requested a Thai style cremation which I have arranged. Uk, Thai embassies, hospital and myself have all been in contact.
Dec 31, 2017 at 6:22 pm
Babs says
Sorry Kevin, what i wanted to ask is whether i would need a solicitor involved to take money from account ?
Dec 31, 2017 at 6:45 pm
kelvin says
under 100k the bank can give to you as I have had experience with this before.
However, the bank may not allow this – it depends on the day in Thailand.
You can try.
If not successful then you will need a court order – so you need to weigh up the costs of getting whats left in the account minus the court fees. As this is a Civil matter the court will hear testimony from you and your relationship to the deceased. ie passport, birth certificates, etc will be used to prove this. So if you dont live in Thailand you will need to return for the court hearing or sign a power of attorney to nominate a proxy to go to court and hopefully get a court order to administer the estate. Bureaucracy at its finest.
Try option 1 first.
Jan 02, 2018 at 4:16 pm
kelvin says
sometimes as you have arranged the funeral and cremation the bank may release the money to you as its not a large amount.
try
Jan 02, 2018 at 4:25 pm
Babs says
Thank you Kevin that’s really helpful
Jan 03, 2018 at 5:48 am
Babs says
Hi Kevin another question re my brother who died intestate. I’ve been in contact with his bank who have been very helpful. I have all the documents needed to obtain a court order so I may act as executor…my question is: do I need a lawyer to gain a court order or is this something I can do by myself?
Mar 21, 2018 at 8:29 pm
thai888 says
unfortunately you need a lawyer as they need to apply for a grant to get a court date – all in Thai language – court date maybe 2-3 months – the go to court – if you then you need a translator – court questions your relationship and so this needs to be backed up with loads of forms and birth certificates – notarised and translated –
If the mod allows you can contact me by email
Mar 22, 2018 at 11:14 am
TheThailandLife says
Sure. Babs, if you want Kevin’s email I can forward it to you.
Mar 22, 2018 at 3:46 pm
Babs says
Hi, could I have Kevins email please as I have further questions..,.
Thanks
Apr 04, 2018 at 3:43 pm
TheThailandLife says
I have sent that through to you by email.
Apr 04, 2018 at 5:38 pm
Babs says
Thanks, You have confirmed my thoughts….
Mar 22, 2018 at 8:24 pm
Bill says
My Thai wife died recently, without a will, I had just bought a car in her name, can I transfer the owner ship to my name before the family grabs it, and if so what documentation do I need.
Dec 01, 2017 at 3:58 pm
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.
Dec 01, 2017 at 4:33 pm
Bill says
Thks for your reply, it is about what I thought, the old saying, be expected to walk away from it all. By the way who is Kelvin.
Big Tks from BILL
Dec 02, 2017 at 8:12 pm
TheThailandLife says
He’s another reader with knowledge on these subjects. He usually jumps in on these legal topics.
Dec 03, 2017 at 5:36 am
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?
Dec 02, 2017 at 12:35 pm
kelvin says
should be on the Thai roads from accidents (mostly bikes)
Dec 02, 2017 at 12:39 pm
Frank G Anderson says
Not if there was no will. If no will, all the surviving spouse gets is an equal share to the children if there are any. If two, then 1/3 each, etc. Message, if you want it all for the one year mandatory you have to get rid of it all anyhow provision pertaining to foreigners, then you need to have your Thai wife/spouse stipulate this in a will.
Dec 31, 2017 at 6:48 am
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?
Oct 29, 2017 at 10:05 am
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.
Oct 30, 2017 at 10:36 am
kelvin says
Also, does the Will state Thailand assets only or USA assets only?
Oct 30, 2017 at 5:58 pm
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.
Dec 31, 2017 at 6:51 am
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.
Jan 02, 2018 at 1:16 pm
kelvin says
seems like frank maybe a troll as “Frank G Anderson, an American expat in Nakhon Ratchasima and the editor of the Korat Post, has been sued for what he wrote on his website in Dec 2008 about Pol Lt Col Watthanasak’s legal actions against people who he deemed guilty of the crime of lèse majesté.” source https://prachatai.com/english/node/1673
Jan 02, 2018 at 1:18 pm
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 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
Under section 1629 of the Civil and Commercial Code of Thailand there are 6 classes of statutory heirs and they are entitled to inherit in the following order:small map Thailand
descendants \the fathers children
parents \ fathers parents
brothers and sisters of full blood
brothers and sisters of half blood
grandparents
uncles and aunts
The surviving spouse is a statutory heir, subject to the special provisions of
Section 1635 Civil and Commercial Code.
if they were legally married then the Sim Sod Lot law of 50-50 comes in if the assets were obtained after legally married. I hope this helps and the lesson for the day is MAKE a Will
Sep 03, 2017 at 6:45 pm
TheThailandLife says
Great information. Thanks Kelvin.
Sep 04, 2017 at 9:29 pm
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.
Aug 31, 2017 at 12:20 pm
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
Aug 30, 2017 at 7:37 pm
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.
Aug 30, 2017 at 10:25 pm
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.
Aug 31, 2017 at 1:24 pm
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?
Aug 31, 2017 at 4:07 pm
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.
Aug 31, 2017 at 4:51 pm
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?
Aug 23, 2017 at 9:29 am
TheThailandLife says
Potentially she could, yes. It isn’t that straight forward, but who could stop her — since your family are not in the country and you have no Will stipulating otherwise. Simple answer: go to a lawyer and get a will made. File a will in Thailand for your assets there, and one in your home country.
Aug 24, 2017 at 6:41 pm
kelvin says
yes get a Will and then move on
Aug 25, 2017 at 1:55 pm
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
Jul 01, 2017 at 5:27 pm
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.
Jul 01, 2017 at 8:59 pm
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
Jul 02, 2017 at 2:06 pm
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
Jun 04, 2017 at 7:14 pm
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”.
Jun 05, 2017 at 3:50 pm
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
Jun 05, 2017 at 4:08 pm
thai888 says
amend age to 20 years old
Jun 05, 2017 at 4:19 pm
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]
Jun 15, 2016 at 10:22 am
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.
Jun 15, 2016 at 10:56 am
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.
Jun 14, 2016 at 1:57 pm
TheThailandLife says
In this situation, as long as your parents have a Will that stipulates that their estate will be left to you if they die, it would go to you.
Jun 14, 2016 at 2:00 pm
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.
Jun 14, 2016 at 2:19 pm
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.
Jun 14, 2016 at 9:26 pm
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.
May 25, 2016 at 1:01 pm
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.
May 24, 2016 at 4:38 am
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.
May 24, 2016 at 4:48 pm
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.
Feb 03, 2016 at 5:53 pm
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.
Feb 01, 2016 at 11:32 am
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.
Feb 02, 2016 at 1:53 pm
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.
Aug 31, 2017 at 12:11 pm
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.
Dec 22, 2015 at 1:16 am
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.
Dec 22, 2015 at 2:06 am