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What should my Thai wife do if I die in Thailand?

By Submitted Message
Posted in Reader question
Tags:
March 13 2019

Dear readers,

I would like to receive information about a subject that no one is directly involved with: “death”. Is there anyone who can tell me what my Thai wife should do if I die in Thailand?

  1. Against Thai law?
  2. Against Belgian law?
  3. To arrange for her widow's pension (she also has Belgian Nationality).
  4. In connection with property in Thailand and Thai bank accounts, in my personal name.

We are married according to the ordinary marriage system, 50/50%, upon death.

Thanks in advance.

Regards,

Winlouis (BE).

Number of times read: 284

10 responses to “What should my Thai wife do if I die in Thailand?”

  1. Eric says up
    13 March 2019 at 12: 17

    see on death on thailandblog

  2. eugene says up
    13 March 2019 at 12: 51

    That cannot be summarized in a short message. To begin with, the procedure is different if you die in Thailand in a state hospital, or in your home or in an accident. It also differs whether you are in Thailand as a tourist or whether you live here. And whether you have been deregistered in Belgium or not.
    It is also important whether you have made a will here with regard to your Thai goods' and in your home country, with regard to property there. Last year I did a lot of research for the Flemish club in Pattaya. If you are ever near Pattaya, you can contact me and I will explain everything to you in detail.

    • Hans says up
      13 March 2019 at 14: 23

      Hi Eugeen, this can not be explained to everyone via Thailandblog. If we all individually go to Pattaya for this, it will be a costly affair for us and probably no longer pleasant for you, because of the repetition. Thanks for this.

    • winlouis says up
      15 March 2019 at 10: 05

      Dear Eugeen, I definitely will when I am in Pattaya. Normally I will be in Pattaya, July/August. 2019. Last year I already looked at the site of De Vlaamse Club In Pattaya, but did not find anything related to this subject, but about making a Will, but you don't have to. I would like to know how I can have a Usufruct drawn up for the Condo I bought in the name of my wife in Pattaya. If she dies first, I'm sure I'll have the usufruct of the Condo until my death. She does what she wants with the house and everything else. Is it possible to email me the Link again, from the Flemish Club, I can't find this website anymore. My personal email address is [email protected], if I have your email address I can contact you first when I am in Pattaya. I am looking for information as a deregistered Belgian, registered at the Belgian Embassy. No longer owned in Belgium. In Thailand, all property belongs to my Thai wife, because we have a son from our marriage, but my wife also has 2 children from her 1st marriage with a Thai. For all I care, she can make a will what she wants to give to her 3 children. The main thing I would like to know is what my wife should do if I die at home, because I have already read if I die in hospital or by accident, if Fallang, the remains, are first transported to Bangkok, for an autopsy, before it is released to my wife, to arrange for the incineration. The remains should certainly not be repatriated to Belgium. I will now first wait for all answers via the Blog. If I am in Pattaya I will definitely contact them, if only to get to know each other. Thank you in advance. Regain.

  3. Jochen schmitz says up
    13 March 2019 at 13: 09

    If you die, the 50/50% is of no use to you. Your wife receives everything you have, except if you are married on a prenuptial agreement and, for example, want to give a share to your children.
    More important is that you have a will in Thailand in which you clearly state that you want to be cremated here in Thailand and your wife must of course call the Belgian embassy.
    This is to prevent the high costs that the relatives have to incur to send your body to Belgium.
    Get a lawyer and put everything down on paper with him, then you or in this case the surviving relatives will not have any problems.

  4. Joost Buriram says up
    13 March 2019 at 13: 12

    Also have a look here.

    https://www.nederlandwereldwijd.nl/landen/thailand/wonen-en-werken/overlijden-in-thailand

  5. jani careni says up
    13 March 2019 at 14: 31

    1) if you die in Thailand when you are registered at the embassy:
    if you die in the hospital, your wife will get a document confirming that you are dead, then she has to go to the town hall (amphur) to get a red rubber stamp: everything will be written, date, which hospital, name of the doctor, and from what are you dead and also in which temple will the cremation take place, this document will be requested by the monk to confirm that there is no suspicious death. No copy, but show the original to the monk, do not pass it on.
    This document must be legalized by the Ministry of Foreign Affairs in Bangkok + 3 copies, these copies must also be legalized and not necessary to have them translated into Dutch or French.
    Then to the embassy at last and don't forget in Thailand you need many copies and prefer color copies.
    Your wife will also receive a document from the embassy (confirmation of declaration of death). Also think of a will in Thailand, no obligation for a lawyer, only a correct text with the signature of 2 Thai witnesses + ID card number and address.
    And at the latest contact the pension service to signal that your wife is a widow and submit her application to receive a survivor's pension if she meets the latest legislation (50 years in 2025) used to be 45 now every year 6 months more since 2015 so now 47, if not enough she gets one year survival pension without child(ren) and 2 years with child(ren) and will have to wait until 67 to receive a survivor's pension.Dura lex sed lex.
    If you need any more info here is my email,[email protected] and live close to Hua Hin.
    I am French speaking and I always try to improve my Dutch.
    Greetings

    • winlouis says up
      15 March 2019 at 10: 34

      Dear Jani, I have a question regarding the widow's pension application. My wife is Nu, 45 years old. born 18/03/1974. In 2025 she will be 51 years old. If I were to die next year, would she be entitled to her widow's pension? She has the Belgian Nationality and has lived in Belgium for 6 years and also worked part-time in Belgium. Thanks in advance. Regain. [email protected].

      • jani careni says up
        15 March 2019 at 11: 15

        Dear win.louis,
        Very simple if you must die next year, no, she is not entitled to a survivor's pension, but at 67, she is now 45, which means that she will receive a survivor's pension for 1 year without children and 2 years with children. So for her she will be able to enjoy a full survivor's pension when she turns 49 years old and 6 months, which means in 2023 from September 19, it will be ok for the law and this with Belgian or non-Belgian nationality.
        If there are any questions, do.

        • winlouis says up
          15 March 2019 at 12: 47

          Dear Jani, If I understand correctly, if I die AFTER 2023, will she be entitled to a Widow's Pension? Again, thanks in advance.


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