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BANGKOK 19 July 2019 04:37
gerry53

Will Advice

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I wouldn't be comfortable producing a will at all in Thailand.
My advice to anyone who ever does is that they should never ever let a Thai know about it, particularly the beneficiary, as this will most certainly reduce your life expectancy quite significantly.
If you have any assets in Thailand, a Thai will is essential. You also need to leave instructions regarding what should be done with your body. Not having a will is a very short-sighted and selfish act.

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app

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On 9/8/2018 at 9:04 PM, brewsterbudgen said:

If you have any assets in Thailand, a Thai will is essential. You also need to leave instructions regarding what should be done with your body. Not having a will is a very short-sighted and selfish act.

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app
 

you are 100% correct

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On 9/7/2018 at 4:51 PM, Kim J said:

Yes I agree. I would proceed with the utmost caution. It is not only the indigenous population that is dishonest in the Land Of Scams.

cant advertise here as against the rules - we are very well know in Pattaya 

 

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On ‎9‎/‎11‎/‎2018 at 9:43 AM, BlackJack said:

cant advertise here as against the rules - we are very well know in Pattaya 

 

Can you PM me the name please?

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Not cherry picking as these are the last Probate cases. Chinese man with Singapore passport, part owner in a Thai Company with proxies holding the majority, condos in Shanghai, condos in Singapore.

Estranged wife of 22 years.

Chinese younger brother that has lived in Australia for over 50 years - Australian citizen.

Man makes and signs Will in hospital surrounded by kin and lawyers to verify he was of sound mind - verified.

Man makes Power of Attorney POA for brother to sell shares in the company and keep the money for his convalescence. Unfortunately brother died of complications.

Estranged wife as next of kin - never divorced - takes the one and only death certificate DC back to Singapore.

Brother starts probate - DC is in Thai and needs to be translated at the Thai Consulate in Thailand, stamped as certified by the translator, then the Department of Foreign Affairs DFA has to sight all and legalise it. 

These docs need to go to Australia to the brother to have docs notarised for court in Thailand. Thai Embassy cant do that as only certified copy of the original is forwarded - after weeks of Embassy and DFA bureaucracy. The advice was to get young brother on a plane with docs and personally front the DFA - success, however only for Thailand.

All legalised docs now go to the China Embassy Thailand, more forms more bureaucracy and insisting on using the Thai DC be bound to their docs for China - 

China sticker is their legalised doc - however it says Authenticate! other authorities use Notary, Certified, Legalised, Court Order and Europe uses Apostille. There are now 6 terms in English, Thai, Chinese to be translated and understood.

The China Authentic stamp was scanned and sent to the Chinese Lawyer. He said it was wrong and sent a scan of the correct one he had on file. Later I found out that there is Cat 1 for Death Certificates and Cat 2 for company Juristic persons - Cat 1 was sent to him.

 

Whatever country needs docs they have their own language and Government Dept Rules. 

These docs went to China and now this will open up a whole new set of problems - in 3-4 months these docs will find there way back to Thailand for a court appearance to get a Grant of Probate. The the estate hopefully can be wound up.

 

Remember that most have assets in another country and the same applications and grants translated, legalised etc have to be sent to the country where your other assets are

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I regularly give talks around Pattaya and have international experience with Wills, Funerals and Probate.

 

Recently I got a Grant of Probate from the Court and this is usually the document that allows you to do everything. After all I had been to court and the Judge granted the Probate based on the papers I submitted and my testimony. Normally I could sell condos, close bank accounts and send money back to the Beneficiaries.

 

However when I went to transfer the condo to the new buyer the Land Office (not Pattaya) said they didnt approve the docs - so the transfer didnt happen. This has not happened before and so now I am getting the docs and stamps that will satisfy the Land Office. Until next time.

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An interesting issue has come up.

Some Law companies are saying that a condo can be transferred to a Beneficiary that has no visa for Thailand - ie when you will your condo to your son or daughter. This all appears to link to the Condo Act Section 19 where the condo is willed to a person without a valid visa or citizenship and therefore must sell the condo within 12 months.

Some lawyers are arguing that IF the original owner of the property brought the money in via a valid TT3 then this is an asset that can be will to a Beneficiary.

If any Executors out there have done this successfully let me know as I have only heard and done what the Land Office says and that is that the condo/property must be sold within 12 months - Perhaps the Condo Act needs a review?

 

 

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On 3/15/2019 at 10:31 AM, BlackJack said:

An interesting issue has come up.

Some Law companies are saying that a condo can be transferred to a Beneficiary that has no visa for Thailand - ie when you will your condo to your son or daughter. This all appears to link to the Condo Act Section 19 where the condo is willed to a person without a valid visa or citizenship and therefore must sell the condo within 12 months.

Some lawyers are arguing that IF the original owner of the property brought the money in via a valid TT3 then this is an asset that can be will to a Beneficiary.

If any Executors out there have done this successfully let me know as I have only heard and done what the Land Office says and that is that the condo/property must be sold within 12 months - Perhaps the Condo Act needs a review?

 

 

Thanks money was send bank transfer from Bank in France to bank here so will have a record..condo still in company name with my son Foreigh being one of the holders ..if things seen to be difficult suppose i could close down company ....i have a thai son young ..if difficulties arose could it be transfered to him ..is there an age limit 

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1 hour ago, Harveyboy said:

Thanks money was send bank transfer from Bank in France to bank here so will have a record..condo still in company name with my son Foreigh being one of the holders ..if things seen to be difficult suppose i could close down company ....i have a thai son young ..if difficulties arose could it be transfered to him ..is there an age limit 

what are the share holdings % foreign and Thai? - 

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2 hours ago, BlackJack said:

what are the share holdings % foreign and Thai? - 

Its been some time now sine we changed one of the shareholders to add my son i believe foreign is still lower than thai ..i did think about closing the company and paid to have some of the paperwork done   then decided not to it costs me 12.000 baht per year for accounts ..again as i said it has been some time ago   i think closing of tbe company was 40.000

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Posted (edited)

I have 2 wills -1 Assets in Thailand - 1 Assets outside Thailand.

Both are in English. The Thai will be translated officially at the appropriate time

I Used the earier referred to British Law.

They charged me 6000 Baht each.

Just a note of interest -ensure that you get more than one original. Wills have known to go missing.

You can have 100 originals if you want.

2 or 3 is typically enough.

 

However it does seem to me that putting your money in a Joint accout is simple  -and with no cost.

No will required. If you have a will then it has to go to probate. Expensive!

No will -no probate -unless your estate is contested.

Unlikely in your circustances.

Reference motor bike . Post your demise yout GF can use it and tax and insure it.

If she  later wishes to sell -then in her name is better.

Ensure that funds are available for your funeral.

Edited by Delight

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If you have a joint account can your partner access all the money in that account or only 50%?

 

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48 minutes ago, Delight said:

I have 2 wills -1 Assets in Thailand - 1 Assets outside Thailand.

Both are in English. The Thai will be translated officially at the appropriate time

I Used the earier referred to British Law.

They charged me 6000 Baht each.

Just a note of interest -ensure that you get more than one original. Wills have known to go missing.

You can have 100 originals if you want.

2 or 3 is typically enough.

 

However it does seem to me that putting your money in a Joint accout is simple  -and with no cost.

No will required. If you have a will then it has to go to probate. Expensive!

No will -no probate -unless your estate is contested.

Unlikely in your circustances.

Reference motor bike . Post your demise yout GF can use it and tax and insure it.

If she  later wishes to sell -then in her name is better.

Ensure that funds are available for your funeral.

Why complicate things. Thai888 2 Wills in Thai and English for 5000 baht. After signing scan it and send to anyone you want. It's cheap. Dont mess with things as with all the changes going on in Thailand your best laid plans may not be future proof. But a will is accepted. Even when someone dies and the embassy want the email from the next of kin, they ask for the will as well. You mess around and do your own then there will be issues. My job is 24 7 and it's all about probate. Here and international. So dont tell me all is Rose's. It's when you die that all the greed starts. Spend 5k now or more later. I also get told oh the GF will the 4th grade education is going to act as the executor.  Well guess what. She cant write  plaint for a court date only a lawyer can. Check mate bring it on. I get the work eventually.

 

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Joint account. She has card and pin. Drain the account. Dont go in and say oh hubby is dead as the will lock account. Everyone should have a little black book with all user names codes pins and so in the future when you pop off the person May May access the accounts as the Beneficiary to get the funds. I say may!!!

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36 minutes ago, BlackJack said:

Joint account. She has card and pin. Drain the account. Dont go in and say oh hubby is dead as the will lock account. Everyone should have a little black book with all user names codes pins and so in the future when you pop off the person May May access the accounts as the Beneficiary to get the funds. I say may!!!

My partner has never used the joint account but she has the Pin, but she would be limited to 20,000 baht a day withdrawal. That's going to take some time to drain the account of 1.5 mil baht. If she went into the bank and asked to transfer the balance to her own account the bank may balk at that as it's a joint account.

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