Buriram Expats

Buriram Province - General Category => General Discussion => Topic started by: bonghead on June 24, 2015, 09:52:17 AM

Title: Registering a will.
Post by: bonghead on June 24, 2015, 09:52:17 AM
Hi, has anyone on this Forum registered a simple will, money in Bank, car, motor cycle, leaving all to g/f or wife,  at their local Amper,ie Buriram, Lamplaimat, any info would be appreciated, i've read so much on another Forum, but nothing seems conclusive.
 Cheers. bananadance     party3
Title: Re: Registering a will.
Post by: Wayne from Aus on June 24, 2015, 10:38:40 AM
I had Wills done by Korat Legal (speaks perfect english and is very helpful). Wills are done in both languages throughout the document. We had it signed by relatives (that are not the beneficiaries) and we just put the originals in a safe place. Didnt register and wasnt advised to. There is Buriram legal service as well if you prefer local. regards
Title: Re: Registering a will.
Post by: CO-CO on June 25, 2015, 01:25:35 AM
Personally, I see no real benefit in registering at an amphur - and you would certainly need to understand written Thai as that is the only accepted language. In the event of death the Will still needs 'proving' at the local court.

The good news is that a simple Will can be produced for 2,000 Baht.
Title: Re: Registering a will.
Post by: nookiebear on June 25, 2015, 06:43:14 AM
I've made a will in Thailand,3 copies,1 in English for me,2 copies in Thai,my JB has one ,the other is in  the safe at the Solicitors.What is the point at registering it at the AMPHUR??
Title: Re: Registering a will.
Post by: bonghead on June 25, 2015, 10:38:31 AM
Thanks for the input, Nookie, Co-Co, Wayne, all the imfo i got from TV, The importance of having a Thai will, General Topics, 12 pages, 295 replies, but as i said nothing seems conclusive, hence my post,  some people it seems, from reading the posts on TV don't trust Thai Lawyers or Solicitors, and some don't like the idea of the amphur, i don't want to get into a debate on here, as i know nothing about what i asked, only what i've read elsewhere. CO-CO, where can i get a simple legal Will, produced for 2,000 Baht. bananadance       
Title: Re: Registering a will.
Post by: ThaiWidowsandExpats on June 25, 2015, 12:03:26 PM
Thai Widows & Expats are able to prepare a simple will for 2,000baht. A Thai translation which will be required if there are assets held in Thailand at time of death, is an additional 300baht.

Please PM for further information.

Co-Co

Title: Re: Registering a will.
Post by: Admin on June 30, 2015, 06:30:05 PM
I think if you are married, even without doing a will, the property and money in bank will belong to the widow when showing death certificate.

Thats what I see between Thai people in family.

*You should cosult a lawyer to get 100$ accurate information. If you do so, let us know and keep us posted here. Thank you in advance.

sawadi
Title: Re: Registering a will.
Post by: Starman on June 30, 2015, 06:33:29 PM
Many people have been having problems getting money from banks. Bearing in mind that many expats will have at least 400k, maybe 800k, in the bank for extentions of stay then that is a lot of money.
Title: Re: Registering a will.
Post by: Admin on June 30, 2015, 06:38:51 PM
Many people have been having problems getting money from banks. Bearing in mind that many expats will have at least 400k, maybe 800k, in the bank for extentions of stay then that is a lot of money.
I don't understand how you relate it to the amount of money in bank... please explain.
Title: Re: Registering a will.
Post by: Starman on June 30, 2015, 06:44:54 PM
What I mean to say is that, due to the laws on ownership here in Thailand, many expats only have money in the bank in their own name.

Houses, cars and other things are often in the name of their spouse so there is no problem upon death. The reports that have been on other forums lately have been in connection with one thing that must be in the expats' name. That is the bank account used to gain an extension of stay. Without a will there have been many reports of the spouse having problems getting the money out of the bank.
Title: Re: Registering a will.
Post by: ThaiWidowsandExpats on June 30, 2015, 06:51:21 PM
What I mean to say is that, due to the laws on ownership here in Thailand, many expats only have money in the bank in their own name.

Houses, cars and other things are often in the name of their spouse so there is no problem upon death. The reports that have been on other forums lately have been in connection with one thing that must be in the expats' name. That is the bank account used to gain an extension of stay. Without a will there have been many reports of the spouse having problems getting the money out of the bank.

In our experience in assisting Thai widows, if there is anything more than a very nominal amount in a farang''s bank account upon death, Thai probate is needed, which does not come cheap and is not too quick.

When a farang dies, the widow needs immediate access to cash to pay for the funeral - usually 150,000baht+

Any assets overseas also require probate unless tha cash amounts are less that £5,000 or equivalent,

Title: Re: Registering a will.
Post by: Admin on June 30, 2015, 07:02:39 PM
I can't see the difference between 5000 Baht to 5,000,000 Baht.. But there might be a difference I don't understand in Thai law.

I was thinking the farang is worried about the Thai wife support after he dies.. not the opposite.
Interesting to know its problematic.

How about the pension Farang get in his own country? considering his pension include benefit for the wife.
How this can be done from Thailand?
sawadi
Title: Re: Registering a will.
Post by: Starman on June 30, 2015, 07:13:52 PM
The difference in amounts is most likely to do with where the money goes if it is not claimed.

Would a Thai bank, or government worry about a few thousand baht???? Probably not. They might be interested in 5 million though.
Title: Re: Registering a will.
Post by: ThaiWidowsandExpats on June 30, 2015, 07:58:21 PM
The difference in amounts is most likely to do with where the money goes if it is not claimed.

Would a Thai bank, or government worry about a few thousand baht???? Probably not. They might be interested in 5 million though.

For one widow they insisted on Thai probate for 500,000baht. Cost 40,000baht!
Title: Re: Registering a will.
Post by: ThaiWidowsandExpats on June 30, 2015, 08:16:33 PM
I can't see the difference between 5000 Baht to 5,000,000 Baht.. But there might be a difference I don't understand in Thai law.

I was thinking the farang is worried about the Thai wife support after he dies.. not the opposite.
Interesting to know its problematic.

How about the pension Farang get in his own country? considering his pension include benefit for the wife.
How this can be done from Thailand?
sawadi

Without a will, the deceased who lived in Thailand is subject to the Thai laws of intestacy.. These are not the same as the European laws.

A will ensures the money goes where you want it to.

Without a will money held in Thailand can be shared amongst the overseas family

ADMIN.. A Thai bank will not give money to the wife by just showing the death certificate with or without a will.  A foreign bank will require probate when the amount is over £5000 if no will.If there is a will, then probate is required,

When there is money overseas, the widow must normally instruct someone to assist her. Thai lawyers are not much use as most cannot speak much English let alone write it.   Thai Widows & Expats have to date helped 18 widows get their dues, with amounts ranging from just 100,000baht. to well over 15 million baht. In most cases they could not have done it themselves, and Thai lawyers would not have helped.  Uk Government bereavement benefits can in some cases provide 20,000bht a month if there are young children



Title: Re: Registering a will.
Post by: buckwhelk on June 30, 2015, 09:13:36 PM
What I mean to say is that, due to the laws on ownership here in Thailand, many expats only have money in the bank in their own name.

Houses, cars and other things are often in the name of their spouse so there is no problem upon death. The reports that have been on other forums lately have been in connection with one thing that must be in the expats' name. That is the bank account used to gain an extension of stay. Without a will there have been many reports of the spouse having problems getting the money out of the bank.
This agrees with what I was told by Siam Commercial Bank where I have money on deposit to enable me to get an extension of stay each year. The staff indicated that in the event of my death, the money would not be easily available to my wife....even thought the staff in my branch know me and my wife well...They said "a paper from the court" would be required
Title: Re: Registering a will.
Post by: bonghead on July 01, 2015, 07:45:01 AM
Thanks for the info that's coming in, we have decided to get married, before getting Thai Widows & Expats to draft my Will,  Why!!
well upon my demise my g/f would have no say in what happens to my body, or get a death certificate, the police would inform immigration who in turn would inform my next of kin, so by getting married she becomes my next of kin, then when making my Will everything will go to my wife rather than g/f, i just feel better having it that way.
Regarding what Steve said a Thai bank, or other official body's might be interested in xxxxxxxx amount,( Where there's a will there's a way) i have just opened a deposit account with xxxxxxx amount in, after it matures in 6 months i am thinking to transfer it into wife's account.
Foot note, we will leave on 6th July for Bangkok, should be married on the 9th, at Bang Lek.   
Title: Re: Registering a will.
Post by: ThaiWidowsandExpats on July 01, 2015, 07:49:23 AM
Best wishes to Mr and the future Mrs Bonghead.

Another option with the bank would be to have joint accounts. That way no problem withdrawing after death. Not permissible however for visa extensions.
Title: Re: Registering a will.
Post by: davureborn on July 01, 2015, 08:17:16 AM
Interesting thread, I was thinking of opening a joint account for just that reason. I get my marriage extensions on producing an income certificate.
Title: Re: Registering a will.
Post by: Nobby on July 01, 2015, 12:31:21 PM
All good info here and if I may add to it. When getting a will for yourself (the farang), get one for your wife too, so that she can leave your house, etc to you.
If she pops her clogs before you Mr.Bonghead, the husband is low low low down the food chain when dishing out the inheritance/ estate. Think a husband is just after the flea's on your dogs back.

Just a though?
Title: Re: Registering a will.
Post by: iammike on July 01, 2015, 01:25:18 PM
@Nobby.

Of course it can be done but as you maybe know a Foreigner can't own land in its own name so IMO if your wife leaves you the house you will be forced to sell within a certain Time Period (of which I am not certain but it's either 180 days or 1 year)
Title: Re: Registering a will.
Post by: Starman on July 01, 2015, 01:33:15 PM
All good info here and if I may add to it. When getting a will for yourself (the farang), get one for your wife too, so that she can leave your house, etc to you.
If she pops her clogs before you Mr.Bonghead, the husband is low low low down the food chain when dishing out the inheritance/ estate. Think a husband is just after the flea's on your dogs back.

Just a though?

Make sure you buy the land under the "sin somrot" agreement. That way nothing can be done to the land without your say so.

Title: Re: Registering a will.
Post by: iammike on July 01, 2015, 01:42:34 PM
@Starman.

Isn't that when your Thai Wife buys land the foreigner has to sign a document (at the Land Office) that he can't make any claims towards it and thus makes it automatically "Sin Son Tua" ?
Title: Re: Registering a will.
Post by: Nobby on July 01, 2015, 04:36:08 PM
@Nobby.

Of course it can be done but as you maybe know a Foreigner can't own land in its own name so IMO if your wife leaves you the house you will be forced to sell within a certain Time Period (of which I am not certain but it's either 180 days or 1 year)
I believe you are right but I'd rather have a 1/2 to a year to sort out the matter than (possibly) being thrown out on the street, from a house you may have paid for. 
The thought of a quick 'buck' can turn some people into nasty pieces of work in any country and I suspect more so in Thailand with all its gambling problems. Unfortunately, I have learnt that the hard way and my apologies for sounding so negative.
Title: Re: Registering a will.
Post by: Starman on July 01, 2015, 07:42:14 PM
@Starman.

Isn't that when your Thai Wife buys land the foreigner has to sign a document (at the Land Office) that he can't make any claims towards it and thus makes it automatically "Sin Son Tua" ?

Complete opposite.
Title: Re: Registering a will.
Post by: iammike on July 01, 2015, 07:53:33 PM
@Starman.

Isn't that when your Thai Wife buys land the foreigner has to sign a document (at the Land Office) that he can't make any claims towards it and thus makes it automatically "Sin Son Tua" ?

Complete opposite.

Oke, just out of curiosity, what is that document then you have to sign at the land office when your Thai misses buys land ?
Title: Re: Registering a will.
Post by: Starman on July 01, 2015, 07:59:55 PM
The "sin somrot"document as I explained before.

It really is a great advantage to be able to speak and read Thai.

By the way...I was quite happy for my wife to buy the land in her own name. When she went to the land office they asked where I was. I was called in and they explained things to me. We signed the forms together.

Title: Re: Registering a will.
Post by: iammike on July 01, 2015, 08:11:18 PM
@Starman.

I just did a small search and I found this.

http://www.thaivisa.com/forum/topic/738355-farang-husband-still-have-to-sign-not-my-money-or-interest-when-wife-buys-chanote-land-title-deed/

Fortunately I have a complete lack of Thai Language skills however some people who know me tend to disagree ;)
Title: Re: Registering a will.
Post by: Starman on July 01, 2015, 08:38:12 PM
Indeed, but like someone on here wrote today " better to speak about personal experience" than what " I read or my mate told me".

You are quite welcome to come to my house and read all of the documents.
Title: Re: Registering a will.
Post by: bonghead on July 01, 2015, 08:40:05 PM
Nobby, on the issue my wife to be making a will, im 70 years young, she is 24 years younger, and a Widow its her house i live in, in the four years we've  lived together i have had work done on it, i don't think if something happens to her, her family would asked me to leave the house. 
Title: Re: Registering a will.
Post by: iammike on July 01, 2015, 09:05:43 PM
I am more then happy with the situation that when we bought land or houses that it's my misses and I will not contest it incase of a divorce and I don't even think that I will stay in the house we are building now (and is almost finished) if my wife passes (god forbid) before me even if she leaves it to me in her will.

But not everyone is the same.
Title: Re: Registering a will.
Post by: Starman on July 01, 2015, 09:28:56 PM
Please.... I have been married for 15 years. Most of what we have here in Thailand has been gained together. We have worked and saved together.

I love my wife and my life.

 I was called into the land office to sign. I did not request to go.

I, too, am more than happy with everything. If there comes a time when I am not then I will walk away.I doubt that will happen.

I am not one of those people on forums that says " be careful about the Thai B(*&ch ".

I am married to my "wife". I don't even feel the need to call her my "Thai wife" or "TB" or "TW", like some do. I have more respect than that.

Title: Re: Registering a will.
Post by: gotlost on July 01, 2015, 09:41:03 PM
Please.... I have been married for 15 years. Most of what we have here in Thailand has been gained together. We have worked and saved together.

I love my wife and my life.

 I was called into the land office to sign. I did not request to go.

I, too, am more than happy with everything. If there comes a time when I am not then I will walk away.I doubt that will happen.

I am not one of those people on forums that says " be careful about the Thai B(*&ch ".

I am married to my "wife". I don't even feel the need to call her my "Thai wife" or "TB" or "TW", like some do. I have more respect than that.


+1 smilenod party4 thumbup
Title: Re: Registering a will.
Post by: dimple joe on July 01, 2015, 10:37:12 PM
Great post Steve, my sentiments exactly. bravo1
Title: Re: Registering a will.
Post by: buckwhelk on July 01, 2015, 11:57:20 PM
+1
Title: Re: Registering a will.
Post by: Adam on July 02, 2015, 06:08:34 AM
Please.... I have been married for 15 years. Most of what we have here in Thailand has been gained together. We have worked and saved together.

I love my wife and my life.

 I was called into the land office to sign. I did not request to go.

I, too, am more than happy with everything. If there comes a time when I am not then I will walk away.I doubt that will happen.

I am not one of those people on forums that says " be careful about the Thai B(*&ch ".

I am married to my "wife". I don't even feel the need to call her my "Thai wife" or "TB" or "TW", like some do. I have more respect than that.


You know I agree 100% with that Stevo.

My wife was recently getting the land paper for a piece of land that we bought, changed from the previous owner to her and the land office made me come to sign as well, as they said it belonged to us both. I'm sure if she passes away first it will pass to our children and not me, but it was unusual to be recognized by officials as the husband of a Thai woman and not just a farang.
Title: Re: Registering a will.
Post by: bonghead on July 02, 2015, 10:17:32 AM
+ 1 Count me in on the plus vote, good post Steve, party4