If anything has become clear during the information afternoon of the AsiaOne funeral director in Hua Hin, it is that many Dutch/foreigners have questions about the procedure in the event of a death in Thailand. If the course of events before, during and after the cremation is reasonably clear, few people are well prepared for the legal pitfalls and pitfalls upon death.

At the meeting in the Banyan, organized by the Dutch Association Hua Hin/Cha am, it became clear that the course of events when a foreigner dies raises the necessary questions. What do children from a marriage in the Netherlands inherit if there is no will in Thailand, what happens to my usufruct on the house and land if the Thai partner dies and what role does a possible life insurance or funeral insurance play in the whole?

Led by NVTHC chairman Do van Drunen, the nearly 40 attendees listened with fascination to representatives of AsiaOne and the legal firm Business in Siam, who had come over specially from Bangkok. They received an answer to every question, but the impression is that those present at home will think deeply about whether they have arranged their affairs properly. Not only for themselves, but also for the (sometimes Thai) relatives. A retired Dutch notary was present on this occasion to answer questions about Dutch inheritance law.

Bearing in mind the state of affairs in the Netherlands, many compatriots assume that many matters are also clearly arranged here. In Thailand, for example, the local police decide whether it is necessary for someone who has died at home to go to the police hospital in Bangkok for an autopsy.

AsiaOne showed on the basis of light images which path should be followed in the event of death.

Founder Haiko Emanuel of the neighboring GP station propagated the signing of a Living Will in addition to drawing up a Thai will. He called it 'peace of mind' to take the pressure off the next of kin if the person concerned can no longer decide for himself about possible treatment in a hospital. In a Living Will, someone can indicate which life-prolonging treatments he/she would like to forego in a terminal phase. If correctly drawn up and signed (eg by a Thai notary), the deed is legally valid and must be respected by the hospital and the treating doctors. However, it remains the assessment of the doctors whether a patient indeed has no chance of survival. The doctors also decide how to (gradually) discontinue or not start life-prolonging treatments.

About this blogger

Hans Bosch
Hans Bosch
Almost 20 years ago, journalist Hans Bos moved to Bangkok. Almost from the beginning, he was involved in the birth of Thailandblog. As a journalist, he worked for Limburg newspapers and for the travel trade journals of what was once called Elsevier. Hans (76) has lived in Hua Hin for 14 years, with his wife Raysiya and daughter Lizzy. He was secretary and vice-chairman of the Dutch association in Hua Hin and Cha Am for about nine years.

5 responses to “Many legal questions from the Dutch in Thailand in the event of death”

  1. Pete, bye says up

    Maybe I think too simple, but if someone dies and that person lives together or is married. Then it's just very easy, the man has no property here, so relatives in Holland have nothing to inherit from Thailand. And what can be inherited in Holland can only be shared there if it is described how and what. If not, they don't have anything here either. Furthermore, there is very little to arrange in the village where I live, this is done by the neighborhood, no police or anything else involved. 2 or 3 days and you will be cremated and that's it. No insurance needed here cremation costs little and so does a coffin. Food is made by the neighbors and a pig is slaughtered and food is eaten until it is gone. So here it goes like this and that also applies to the foreigners who died here.

  2. Hans Bosch says up

    Pete, if only it were that simple. But what and how about the official death certificate, the certified translation, informing the embassy, ​​stopping pension and state pension, informing children and so on.
    Not everyone lives in a village in the countryside. The meeting took place in Hua Hin, where it is estimated that nearly 500 Dutch people live permanently. There is a role here for the hospitals, the police and possibly the police hospital in Bangkok. In short, a whole paperwork. I have the impression that you do not realize what is involved in the death of foreigners in Thailand. Not to mention the inheritance issues.

  3. Pete, bye says up

    I'm just telling you how it went here, so that's my experience. I don't know how it will be in other places, but I don't think it will be much different. That paper shop that is being talked about, there was absolutely no hassle about anything here. Embassy was not informed and 1 phone call to the Netherlands and the children knew it too. She had three of his own houses in Thailand, but inheritance law does not apply to people in Holland and if so, they must have a lot of sense and time to come here to challenge it. Pension and state pension that stop automatically as soon as no more life statement is sent back. This is pretty much my experience and as I see it, it's not too bad, but people sometimes want to make it more complicated than it is.

    • Cornelis says up

      Keep thinking it's a very simplistic approach, Piet. Like 'the authorities will automatically notice that you are dead if you stop responding'. You clearly have no idea about inheritance law. Fine if you can do it that way, that's your own choice, but I wouldn't exactly dare to recommend it as good advice to others.

    • Cornelis says up

      Still think it's a very simplistic approach, Piet. 'They – the various authorities – will notice of their own accord that I'm dead if I stop responding' will fortunately not be everyone's approach. This can have unpleasant consequences for the next of kin. You clearly haven't studied inheritance either. Again, fine if that's your attitude, but I wouldn't see it as sensible advice anyway....,


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