Heritage in Thailand?
Dear readers,
In the past year, a few things happened to me, 69 years old and living in Thailand for 10 years, which are separate from each other and yet have something in common.
My mother passed away at the end of last year, just a few days after exactly 25 years after my father passed away. Partly because of the corona pandemic, I was unable to attend the funeral and handle everything, including the inheritance, with my 2 remaining sisters and two brothers. I confidently left it to them and they didn't let me down. When handling the inheritance, they encountered the attitude of the bank, which, despite a will, did not give them access to the bank account. With a lot of effort and unnecessary costs, it finally succeeded.
Last September, the BNNVARA=programme KASSA paid attention to this problem under the title “Closing the bank account of a deceased loved one? You have to pay attention to this”. (bnnvara.nl/kassa/artikelen). My brother told me that they probably would have done things differently if they had seen that program before.
During the year I read an article on Thailandblog, in which a similar situation was discussed, but in Thailand, where the banks do not immediately give relatives permission to access the bank account of a deceased spouse.
And thirdly, I myself got into the rag basket as a result of a very unfortunate slip and had to undergo a risky operation. Lucky for me with a happy ending. It did get me thinking. I am happily married to a Thai girl 15 years younger than me. So chances are I will leave before her to the eternal hunting grounds. And then I would like to leave things tidy for her and the children. Although my motto is generally "when the time comes" I think it's better to arrange this well now to prevent problems for her.
So my questions to the readers are: Has anyone else encountered this problem and how did they solve it? And does anyone know the (email) address of a reliable office to draw up a simple but effective will to prevent the above problem. Preferably in Pattaya eo and English or Dutch speaking.
Thank you in advance for positive responses.
Regards,
thallay
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http://www.cblawfirm.net/ speak Dutch
Thallay, my condolences on the loss of mother.
A bank does not issue money on the basis of a will. In the Netherlands, a statement from the civil-law notary is required for this, in Thailand a court order is required.
You wrote it yourself: making a will. The only way to get it right.
You would the Ned. Roelof can call. Already has many Ned. helped and still, success, jan
sorry telno. 0850897895
I had a similar unpleasant experience with the ING bank in Belgium.
My father passed away at the end of last year. He was 85 and still in good physical shape. He lived in a closed ward of a retirement home. Covid has had an ugly house there in the fall of 2020. A third of the residents died, including my father. A month later, the surviving rest home residents were vaccinated.
At that time I was staying in Thailand and at the beginning of January 2021 I gave digital power of attorney to the funeral director, for the administrative handling of the cremation, and to a notary, for the settlement of the estate. I was the sole heir.
My father had credits in accounts with 3 banks. Two banks have accepted the settlement through the notary. ING Bank has refused. As a result, he had to travel to Belgium. To put a few signatures on documents at the local ING branch. It was done in 10 minutes.
A completely unnecessary time and money consuming complication thanks to ING bank.
I am currently in advanced stage of COE procedure hoping to be able to travel back to my wife and family and Thailand in early November. Again a lot of hassle, thanks to ING bank.
When I asked why ING bank refused the notarial power of attorney for the settlement of the estate, I never received a proper answer.
Under the motto “to rule is to look ahead”, a Last Will and Testament as well as a Living Will (the latter for “when alive”) are always recommended.
The youngest will automatically invalidates an older will.
If you also have an NL will, please state explicitly that the Thai will is an addition to the NL will.
Formats document in both Thai and English language. Have it recorded that the English language prevails in case of any misunderstandings about translation (I assume that your knowledge of the English language is better than the Thai language).
Good, reliable, English-speaking Thai lawyer:
Siam Eastern law and Accounting, Jomtien: 038-252154.
ask for mr. Surasak Klinsmith, also has English speaking staff.
Intake conversation certainly useful and usually free.
Save money?
A Thai lawyer sent me this link for a free will sample:
https://www.thaicontracts.com/samples/64-last-will-and-testament-preview-thai-english.html
The Pattaya Expats Club (PEC) has an example of a Living WIll:
have these signed by witnesses and add: their signed copy of passport
https://pattayaexpatsclub.info/wp/death-dying/living-will/.
I don't see the pdf on their website that often anymore, so below full text for cop-paste.
LIVING WILL FORM
Full Name :____________________Hospital ID Number : __________________________
Address : ________________________________________________________________________
Passport Number : _________________ Nationality ___________________Expiry Date:_________
Being of sound mind and understanding all the implications, I ask that this document be brought to the attention of any medical facility in whose care I happen to be and to any person who may be responsible for my affairs. This document is my ” LIVING WILL” stating my wishes that my life should not be artificially prolonged if this sacrifices my quality of life. If for any reason I am diagnosed as being in a terminal condition I wish that my treatment be designed to keep me comfortable and relieve pain and to allow me to die as naturally as possible with as much dignity as can be maintained under the circumstances. As well as the situation in which I have been diagnosed as being in a terminal condition, these instructions will apply to situations of permanent unconscious states and irreversible brain damage. In the case of a life-threatening condition in which I am unconscious or otherwise unable to express my wishes I hereby advise that I do not want to be kept alive on a life support system nor do I authorize or give my consent to procedures being carried out which would compromise any quality of life that I might expect to have in the future. I ask that all concerned are sensitive to and respect my wishes and use the most appropriate measures that are consistent with my wishes and encompass the alleviation of pain and other physical symptoms without attempting to prolong life.
Being of sound mind at the time of making this declaration I ask that it be followed according to my wishes as expressed above. It is my belief that quality of life, rather than length of life, must be the main consideration.
In witness thereof I have signed this document which has also been signed by two witnesses who have read the document and understand my wishes.
Signed by: _________________________________
Witness: __________________________________
Print Name:________________________________
Address:________________________________________________________________________
Witness:________________________________________________
Print Name:________________________________
Address:_________________________________________________________________________
Date:_______________________________________
Success.
Formats document in both Thai and English language. Have it recorded that the English language prevails in case of any misunderstandings regarding translation (I assume that your knowledge of the English language is better than the Thai language).”
Putting it in a 'Thai will' that takes precedence over the English language is totally useless. In Thailand only the Thai version applies. Info from two separate lawyers.
@ Lung addie:
Thanks for the comment. I'll check with my lawyer again. Kind regards, Tony.
In that case, can the problem of prevailing language be solved by drawing up a document in the English language only and possibly adding a (legalised) translation?
@TheoB
Both English and Thai text can be included in the same document. Under each article paragraph, the relevant translation can be found under the English or Thai text.
A good law firm knows both languages.
A will must be made in Thailand regarding property and bank accounts in Thailand An international will made in a European country is NOT accepted in Thailand.
For my affairs, I hired a Thai lawyer and had a legal Thai will drawn up, with 2 witnesses. If something happens to me then my partner has to contact the lawyer and go to court, this would take a maximum of 2 weeks.
Hallo,
I have written about this nasty but necessary subject before.
Lawyer/notary: Khun Werachon, email [email protected] Trepessit road close to Tappraya road. Extremely experienced in this field.
The situation is that a Dutch will about assets in Thailand does not apply. There must be a Thai will with a description and any copies such as chanoot and bank accounts.
With regard to funds: Create a bank account in the name of the beneficiary without ATM. Deposit there an amount large enough for the burial and cremation (50,000 baht should be enough for a simple funeral) and an extra amount to 'sing it out' for some time and keep the booklet yourself or with a comrade or something. So that the amount remains safe. Make it as a deposit and you will also receive interest.
Read more: [email protected]
You will have to arrange your company pension, is it now only in your name?
When the end is there, it expires and your wife gets nothing. This must be arranged in advance. Can have financial consequences when adjusting, you get less, because you will take that into account than, payout after death. Widow pension.
You could take out bills in joint name, then that might be one problem less.
A Picasso on the wall will then have to be arranged with a will and so also other personal more expensive matters, again depending on whether it came into marriage or not.
Like the Picasso for marriage?, then that's purely yours.
I think it's typical that people have such problems with the bank when they die. When my mother passed away in 2020, I was able to get the bill in my name quite easily and do business with it.
And that was the ING. Also lifting at some point. Luck?
It was more difficult to get rid of the tax authorities, but I succeeded. You can get an attack much later than suddenly. But yes, that is the Dutch tax authorities.
Another scandal is brewing with them.
. .
Dear TheoB,
what you describe is absolutely correct. The English translation is placed under each section, as it should be with a well-drafted will. As I wrote before: only the Thai version prevails.
If you let it be formatted this way, there is no discussion. It costs a little more but it is done according to the rules of the art.
As well as for the execution of the will: have an executor appointed immediately. In Thailand, the execution always goes through the court and after all you need a lawyer for that, so take the office that has drawn up the will from the first time.
As far as bank accounts are concerned: bank accounts in two names are also blocked. The time has come from the moment that the name of the deceased is stated on the account. The only thing you can do here is open an account in the name of the person you want to be able to continue temporarily, until the rest has been completed. All the rest is fumbling and or on the verge of legal balancing. That can sometimes go wrong….