Dear readers,
For some time now I have been wondering how my Thai wife can easily get my money from my Thai bank if I die? Or that I should have a Thai will drawn up? This is the amount I have in the Thai bank to meet the Non-Imm “O” visa renewal requirements.
Many Thai acquaintances state that you do not need to hire a lawyer for this, as long as your wife is aware of your PIN code and withdraws the money from your bank account within a few days of your death. Is this correct or is there another good alternative or is the lawyer/notary the only appropriate route? The latter is of course the most logical, but it is not free.
For the sake of completeness, I also mention that I am registered in NL (so I do not officially live in Thailand) and have a Dutch will drawn up for my possessions in NL. In Thailand, my only possession is the bank amount for the extension of Non Imm “O” visa.
Please only serious answers and no suspicions; preferably based on readers' experiences
Thanks in advance.
Regards,
Khaki
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Make a will with a Thai lawyer/notary…costs maximum 8000 baht.
I'm afraid the people with experience are already underground... 😉
Seriously: The easiest thing is that the partner has the pin code and can then empty the account (bear in mind that it could also be that your partner dies before you!). That is not quite as it should be, but if the remaining partner is also legally the one who should inherit the money, no one will be able to fall over it. If for both you and her her property and possibly inheriting it by will or purely from what has been arranged in advance by law, I wouldn't worry about it.
If you suspect that any family of yours or her side will make or experience problems with the death of you, her or both, then cover this well now through a notary for Dutch affairs and a lawyer in Thailand for the Thai side.
I am lying on the floor after reading your advice. Hopefully some serious answers now.
If married to a Thai: Accounts in your name, or joint accounts require a court ruling and this can take up to 3 months.
Eugeen, my ex-wife was married back in 2006 to a European. They lived in Hua Hin, where the man still lives. My ex-wife passed away on July 21, 2020. Now almost 2 years later, there has been no court ruling. And if they ask the court when it would be okay, they just send you away and it takes a little longer. So that man has not received anything from his pension income since the death of my ex-wife. For the time being, he receives money from Belgians who live there, but of course he has to return it when he has had his arrears of income. And the court has now announced that it would certainly not be before September. So the banks are not allowed to release anything. If it is started in September, it could take 3 years.
It doesn't have to be done exclusively with the debit card, does it?
There is still the option of internet banking or via the app.
You give these login details to a confidential adviser.
When you then go to the gates of heaven, the confidential adviser will give the login and/or password to your Thai wife.
He can then transfer the amount to his own account.
Not quite by the book but the easiest way and Thai people don't mind.
Greeting,,
Jos
Not quite by the book, but I believe it is punishable. Moreover, this does not prevent all problems. From my banking experience I know that people (also trusted people) can change when they smell money and it could be that the person who was supposed to get it does not receive anything.
Better to have a will made for that 150,00 euros, your partner is much stronger.
Either you have all this described at a notary, or if you trust your wife, as it should actually be normal in a normal relationship, just make sure that your wife gets a bank power of attorney, which you can already take care of when you are alive and well.
Sorry John: in the Netherlands, a bank power of attorney expires upon the death of the account holder. The solution to the requested problem is to take a so-called and/or bill. However, the immigration service usually does not agree with this if the savings amount is intended for a visa extension. It remains to make a will that only applies to the assets in Thailand.
Quote: Many Thai acquaintances state that you do not need to hire a lawyer for this, as long as your wife is aware of your PIN code and takes the money from your bank account within a few days of your death.
That could be true for Thais, but as a foreigner with possible heirs in the Netherlands, I would build in a little more security.
The suggestion that your wife should take that money out of the account quickly could mean that this is not entirely legal.
I'm getting older myself and I'm thinking about two wills.
1 Will in the Netherlands that assigns my possessions in the Netherlands to heirs in the Netherlands.
1 Will in Thailand assigning my property in Thailand to heirs in Thailand, where both wills refer to each other.
Then I don't think there would be any confusion.
This is the best solution. In the Netherlands the costs are several hundred euros and in Thailand I had one made for 5000 baht last year.
If you have a Dutch will, you can only change it when you go to a civil-law notary in person in the Netherlands. Can't from Thailand.
I have inquired at Bangkok bank whether partner can be beneficiary on my account. Central: Up to local bank manager. Local : we don't do this.
We have been told by two banks: When we are informed of your death, your bank account will be (mandatory) blocked and the distribution of the funds will be controlled from the Netherlands. It seems to me that if so and there is a Dutch will that a Thai will does not affect.
With an account in the name of two people, the partner can withdraw 50% of the money (Bangkok Bank). If the partner has the pin code of the account, she can transfer money digitally before the bank is informed of the death. I don't know if this is legal.
Note here:
– that normally the most recent will automatically invalidates an older version; so state in the last will that this second will does not supersede the earlier will, but is intended to supplement the first, which remains valid.
– look for a lawyer who translates the Thai will into English simultaneously, so that each paragraph contains both the Thai and Dutch text.
Correction last line: "Dutch" should of course be: "English".
You hit the nail on the head this is exactly how I did it.
By the way, she also has my PIN.
It is indeed easiest to give your Thai partner the pin code of your Thai bank account. They can then withdraw your balance. If you want to cover it legally for Thai law, have a will made for your Thai possessions, such as your bank balance and your ATM Card. That does not have to cost 8000 Baht. Here I give you the name and address of a notary office on Sukhumvit in Pattaya, opposite the Big C and who makes a legal will for only 3000 Baht!
JT&TT Legal Services
252/144 Sukhumvit Road, Moo 13
Pattaya
Phone no.: 0805005353.
I had it done there myself and I am very satisfied with the correct handling of this notary.
Good luck.
Dear Yan,
the price of a thai will depends on several factors and not a fixed amount of 8000THB. It depends on the content and the modalities.
If it concerns a few lines, without more, then it is indeed a low amount. I do think it is necessary that the will, which in Thailand should be in Thai, is best officially translated into a language understandable by the author, so that you at least know what exactly is described in it. Also depending on whether this will, which is also recommended, is registered. This registration is done at the Ampheu.
A Thai will is always dealt with by the court. An EXECUTOR of the will must be appointed. The easiest way to do this is to appoint the lawyer who drew up the will. He will then introduce the case to the court and also execute it. The Thai widow is usually not able to do this herself.
Of course, all this depends on what exactly it is about.
Dear questioner,
Based on what you write, I have to make two assumptions:
– you are legally married to that woman. (you preach about 'my wife')
– it is about an amount of 400.000 or 800.000THB (you talk about the immigration amount Non O but do not say on what basis: married or retired)
– That you are not registered in Thailand does not matter, the only thing that matters here is that the bill, as it should be for immigration. in your name alone.
In the context of my file: 'Deregistration for Belgians', I submitted an upgrade to TB this week, which will possibly appear after the weekend, this update specifically deals with this item. What is valid here for Belgians is also valid for Dutch people. I wrote this update because I am currently dealing with two files of deceased Belgians and some things have changed regarding the requesting, as a legal heiress, of the assets of the deceased from two different banks in Thailand, so very topical .
In the event of the death of a foreigner in Thailand, the embassy is ALWAYS notified, whether registered in Thailand or not. The accounts of the deceased are automatically blocked. This may take a few days but not long. If this foreigner dies outside Thailand, this can make a difference and the account will probably not be blocked. However, withdrawing money from a deceased person's account is an illegal act and punishable by law.
Now about emptying the account both via ATM and via PC banking:
via ATM: with ATM there is already a problem as there is a daily limit for withdrawals. Originally it is set to 10.000THB/d, unless you increase this amount yourself. For example, to withdraw 400.00THB, 40 times 10.000THB must be withdrawn (= 40 days). If this is 800.000THB, preferably 80 times = 80 days will not stand out, surely?
Via PC banking: here too there is a limit which is usually set at 50.000THB/ and is also adjustable. So for
800.000THB are overwriting 16….will not be noticed?
And: it is and remains illegal.
For example, when requesting the bank balance, proof of SUCCESSFACTION is now requested. I'm not going to describe how this works here because you will be able to read it one of the days.
Now what is a possible, simple and totally legal solution in your case:
– in the first place you make a decent will that only deals with things in Thailand. Its implementation will take several months. To bridge that period you can do the following:
– you open an account, preferably a FIXED account, in the name of your wife.
Why a FIXED account: you don't get a credit or debit card with this and also no PC banking. You can transfer money from another account TO this account via PC banking, but not FROM this account to another. To withdraw money from such an account you must, with the bank book, IN the bank itself. to go. So if you want 100% certainty, you keep the bank book yourself, but in a way that, in case something should happen to you, your wife can access it.
The only drawback, if you can call it that, is that if she dies first, you as the married person will have to go through the same procedure to obtain the estate as she would have to do if you go first.
This is not gossip or hearsay, but the lawful course of action, which afterwards, if other heirs should show up, will not and cannot create a problem.
You are married in Thailand. That is NOT registered in the Netherlands? My advice:
Make a Thai will (doesn't cost 8,000 Baht) with a good lawyer. Enter in that will that account number (probably credited interest) to your Thai spouse and your possessions in the Netherlands, described as much as possible per item, if more than 1 heir also the special objects by name to 1 person, to the legal heir or heirs. Also think of AOW, life insurance, pensions. Hopefully the SVB knows that you are (was) married in connection with the benefit, otherwise you may have to pay a substantial additional tax.
[email protected] for more info (Pattaya)
Experienced here first hand! A good friend of mine fell ill and after a hospital bed in a state hospital he passed away. He had been living here for years with a Thai woman. Since he was quite forgetful, I helped him with all kinds of things, including his banking. So I had the pin codes of both his Dutch and Thai bank. However, due to his forgetfulness, the PIN code of the Thai account was blocked. Despite the fact that we were well known at the bank branch - the only 2 foreigners who banked there - the pin code was not unblocked at my request - rightly so. He had to appear in person. That was not possible, because seriously ill in the hospital. A bank clerk came along to get him to sign. That was also not possible because he was too weak to be able to draw, something that I had already reported to the bank. In short, nobody could access their Thai account anymore. He was not married to his Thai girlfriend. So she had no rights. I have contacted the Dutch family. They sent me all kinds of documents showing who the heir was. However, these were not notarial deeds, so were not accepted by the bank. So a deed of inheritance had to be drawn up by a notary and then translated and certified in Thailand. That is an expensive joke and even then the bank was still difficult. The Dutch family/heir must appear in person at the bank. Given the current circumstances, that has not (yet) happened.
In short, if you want to arrange things properly, but above all easily, have a Thai will drawn up. Costs between 5 and 10.000 baht.
If it only concerns a bank account, have the account put in 2 names. In my opinion, only an authorization in the event of death does not work either, because then everything reverts to the heirs and the bank must therefore block the account.
I forgot something in my advice:
Have your Thai will registered in the register through a notary in the Netherlands. You do not have to make a Dutch will. My experience is that 2 wills is not possible.
Reactions to give the partner a pin code and / or internet banking code is nice, but there is a limitation, namely you can often withdraw up to 20.000 to 30.000 baht per day. Any heirs can request to check who has made recordings for several days after the death, the cameras register everything and if you then take 400.000 or more from the account, it will take you a few weeks. Internet banking has the same limitation that you can sometimes only make a limited transfer to a contra account per day, even then it is easy to trace who received the transactions as beneficiary after death. Better a joint account and also a will for the account which is in 1 name.
And not only that. Withdrawals that strongly deviate from what was usually pinned to that account can lead to a blocking of pin behavior. Then they expect you to walk in and that is difficult if someone has already gone to heaven….
By law, all moneys and property of the deceased must be given to the person who has been declared “Manager of the Inheritance” by a Thai court. In order for this to be done by the court, it is usually sufficient for the widow to prove that she was the legal wife of the deceased. However, the bank cannot hand over the money if the tax authorities have frozen the account, because the deceased still owes taxes, which must be paid before she can receive the money. In addition, the Inheritance Manager is not only required to manage all assets of the deceased, but also becomes responsible for settling all outstanding debts of the deceased in Thailand. If the bank wants to give the money of the deceased to you, it should be enough for you to provide the bank originals, identity card, house registration document, birth certificate, marriage certificate, husband's death certificate and court document stating that she is the heir .
Sarayut M, lawyer.
Or you make sure you transfer it to her when you see it coming or mention that the data is somewhere in your 'office' in Thailand.
Less official of course and not entirely without possible disappointments if your relationship has some scars.
I have briefly read the previous responses. What struck me is that people apparently do not realize that I must have that bank account precisely because of the annual renewal of my Non Imm visa, so that the account must only be in my name! Furthermore, it is of little relevance whether it says 400.000 bath or 800.000 bath.
It is helpful to read about what the notary / lawyer will cost, so I think I will follow that path. But only for the only Thai property of mine, the Thai bank account; I provide a Dutch will for my Dutch possessions. And in each will I refer to the other will.
Thanks for the responses, which I'll look into later.
Khaki