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Dying At Home In Chiang Mai

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On 1/22/2020 at 9:09 AM, BobBKK said:

what if it is 'nobody'?  I have no family in UK - can i pre-register that?

Yes, that would be most helpful.  Otherwise the Foreign Office will spend time trying to find someone.  Are you sure there is nobody -- no nieces or nephews, cousins, etc?

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I live alone at the moment, so I've created an Advanced Decision document. It's on my music stand, so it's easy for any authority to find that walks into the room. It outlines specific dos and don'ts, for both the Thai end and those in the UK. At the back of the document is a section on what do do with all my stuff. This way, there's no confusion in that area either.

 

MAKE IT SPECIFIC

 

Advanced Decisions must be specific and leave nothing open to interpretation.  Vague instructions can-and sometimes do-end up costing the uninitiated griever dearly. We've all heard the stories.

 

MAKE IT LEGAL

 

I'm informed that my Advanced Decision isn't legal until it's witnessed and a copy held with a local lawyer. I don't have a problem with that. I already know how much it costs and where I'm going to leave it. 

 

But I don't want someone from the UK to have the hassle of flying all the way out here to sign for the release of the body. I've asked a couple of people I know in CM if I could put their names on the file. Both refused, saying my requests are too grim and final, and they don't want any part of it. Fair enough. I hope that's one job I can also hand over to the lawyer. I'll post an update here if anyone's interested?

 

PEACE OF MIND

 

It's then a simple case of forgetting about it and getting on with life. It's a grim task, I know, but it's also one that brings enormous peace of mind knowing it's done and dusted 😉

 

Stubby

 

 

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Edited by Stubby

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17 hours ago, NancyL said:

Yes, that would be most helpful.  Otherwise the Foreign Office will spend time trying to find someone.  Are you sure there is nobody -- no nieces or nephews, cousins, etc?

Thank you. I guess there might be someone but I was not raised by my natural parents (both now dead). If there was someone it would be no one I know and I'd rather leave 100% to my Thai 'Sister' who will look after me in the waning years. I have a will here and might even marry her later just to ensure she gets the lot without interference from our Embassy etc. 

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On 1/28/2020 at 9:21 AM, BobBKK said:

Thank you. I guess there might be someone but I was not raised by my natural parents (both now dead). If there was someone it would be no one I know and I'd rather leave 100% to my Thai 'Sister' who will look after me in the waning years. I have a will here and might even marry her later just to ensure she gets the lot without interference from our Embassy etc. 

The best way to protect her is to have a Thai Final Will and name her as both the executor and beneficiary.  Then she will be the one who makes decisions about your funeral and your estate.

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3 hours ago, NancyL said:

The best way to protect her is to have a Thai Final Will and name her as both the executor and beneficiary.  Then she will be the one who makes decisions about your funeral and your estate.

Sorry about the following questions but you have raised some interesting points in your previous posts which I, and possibly many others in my situation, would like to know the answers to.

 

1.  What is a "Thai Final Will"?

2.  Is this specific to someone who only has Thai assets?

3.  What is the best way to provide for a Thai partner/friend who would be the only beneficiary of a single Thai bank account?  (all other Thai joint assets can be easily moved/recovered on my death-no need for a will for them)  Specifically the Retirement visa/extension fixed deposit account that can go to a friend/partner on my death.

 

Any advice/help on the above would be very helpful as I do not wish to go down the expensive Thai/UK lawyer "ripoff" route if there is a simpler solution available.

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On 1/29/2020 at 5:29 PM, scottiejohn said:

Sorry about the following questions but you have raised some interesting points in your previous posts which I, and possibly many others in my situation, would like to know the answers to.

 

1.  What is a "Thai Final Will"?

2.  Is this specific to someone who only has Thai assets?

3.  What is the best way to provide for a Thai partner/friend who would be the only beneficiary of a single Thai bank account?  (all other Thai joint assets can be easily moved/recovered on my death-no need for a will for them)  Specifically the Retirement visa/extension fixed deposit account that can go to a friend/partner on my death.

 

Any advice/help on the above would be very helpful as I do not wish to go down the expensive Thai/UK lawyer "ripoff" route if there is a simpler solution available.

A joint bank account in Thailand will be frozen upon the death of one of the account holders, although sometimes the other account holder does manage to "empty" the account before the bank knows of the death, but this action isn't legal.  There is no assumption that the balance remaining in a joint account belongs to the survivor.  

 

Just yesterday, I was talking with Rhys Bonney at Assist Thai Visa about exactly this matter for someone else and he said that if someone's only assets in Thailand are bank accounts -- no vehicles, no condo, etc, then they could do a simple one-page Final Will for a couple thousand baht.  All they need to know are the bank account details (like a copy of the title page of the bank books), the I.D. of the beneficiary and the I.D. of the executor.  The lawyer does not need to be the executor and in fact, I don't think it's a good idea to name the lawyer as the executor.  If the executor needs legal help, they can always hire an lawyer of their choice and pay from the estate.

 

I know that other lawyers in town will do simple Thai Final Wills for several thousand baht, also.

 

It's important to not only list all bank accounts, but also include language about how you want all future bank accounts in Thailand to be included in the Final Will.

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In Thailand, the executor and the beneficiary can be the same person.

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37 minutes ago, NancyL said:

I know that other lawyers in town will do simple Thai Final Wills for several thousand baht, also.

Thanks for your responses above.

 

Do you have any contact details of said lawyers?

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1 minute ago, scottiejohn said:

Thanks for your responses above.

 

Do you have any contact details of said lawyers?

Well, as I mentioned in the post, Assist Thai Visa has Thai lawyers on staff and also Lanna Lawyers.  No need for anything fancy if your only Thai assets are bank accounts, but it's important to have a Thai Final Will if you want to leave your bank accounts to someone who is not a spouse and/or if you have children from a previous relationship.  In Thailand, children inherit at the same level as a spouse, so your legal wife would have to share equally with your adult children from a previous relationship.  I've known of Thai wives who have had to give up condos because they couldn't buy-out the portion owned by the adult children of their late husbands.  

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20 minutes ago, NancyL said:

No need for anything fancy if your only Thai assets are bank accounts, but it's important to have a Thai Final Will if you want to leave your bank accounts to someone who is not a spouse

Thanks for that Nancy. 

I just don't get why you need a different type of Will (Will v Final Will) for a spouse and a non spouse/partner!

TIT!

Edited by scottiejohn

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With a Bangkok Bank fixed account the wife, or someone you completely trust, can be a co signatory to the account .This is not indicated anywhere in the passbook just in their records.

 

Obviously you still need a will in event of both dying in an accident or whatever

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Reading this thread with renewed interest given the Chinese have gained a foothold here in Chiang Mai.

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I prepared and had signed and witnessed a Living Will last year as I am a single person. A Thai friend agreed to be the Designated Person to make sure my last requests will be carried out. I got sample templates in English for the Will from a local hospital, completed the Will tailored to my requirements, then had a Thai translation made. I don't think this is required but did it to avoid any misunderstanding, also stating that the English version should take precedence. I have passed the original to my Designated Person (note, it is very important that the person knows what is involved). Anyway, she has final say over and above family on agreeing with the Dr terminate care, then to notify British Embassy, police and my relatives.

following that I prepared my Last Will and Testament for my Thai estate (mainly bank accounts, motorbikes and furniture) and my Designated Person will also be my Executor and Part Beneficiary. I went through all documents thoroughly with friend and family and set out all my wishes. All have emergency contact list, embassy tel, who to notify etc. my only fear is cops nicking my bikes, phones, ipad etc.

important to get ones house in order at this particularly dreadful time.

hope this is useful info

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