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Reader question: Will – legacy

By Submitted Message
Posted in Reader question
Tags: ,
December 20 2020

Dear readers,

I have decided to make a will to determine my estate. It would be very simple, everything that is in Thailand I would leave to my wife and everything that is in Belgium would belong to my children.

I have looked up the various articles on this blog and think I have found a good solution in the following article: www.thailandblog.nl/ Readers Question/ Readers Question-search-a-thai-lawyer-for-my-testament-pattaya/ and more specifically in response number 5 from Klaas who advises to download the following: www.thailandlawonline.com/

Are there readers who have experience with this and/or are there members who have better advice for me staying in Pattaya?
My best thanks in advance.

Regards,

Good

Number of times read: 379

15 responses to “Reader question: Will – legacy”

  1. Roel says up
    20 December 2020 at 10: 54

    Dear Bona.

    My wife makes wills and can also help with the execution, everything according to Thai law.
    Possibly written in both Thai and English. If necessary, a will can be registered, my wife also does that, so you will receive a registration number and you can then collect a will on that number. Of course you also have 1 copy yourself.

    You can ask me further by email [email protected]

    Now I don't know how long you have been staying in Thailand and you are also from Belgium. From the Netherlands we now know that if there are still assets or assets there, it is also better in this case to have a will under Dutch law in the Netherlands. Children are not entitled if the parents have emigrated outside the EU for more than 5 years.
    Now that can be done again via detours and many translations with appostille and in consultation with the Dutch Embassy, ​​but all that also costs quite a lot.

    • Erik says up
      20 December 2020 at 11: 50

      Roel, can't you have your Thai will registered with the CTR through a NL notary in NL? That costs considerably less than having two wills. This possibility was explained in this blog years ago and why shouldn't it be possible now?

      • Roel says up
        20 December 2020 at 12: 56

        In this case, the reader asks for distinction, everything that is in Thailand goes to his wife. So everything (if there is one) must be described according to Dutch law and description according to Dutch law is not possible in Thailand.

        There is also danger if the questioner is really married under Thai law, the wife can even request everything that is in the Netherlands, which can only be prevented with a will in the country itself. Don't forget the will area has changed a lot in recent years.

        For example, you must now also have a life will, in which you arrange if you are no longer competent that children can arrange everything for you. If you don't have that, you can't do anything, this is because of new privacy law. My mother is still alive and if she were to become incapacitated I would still not be able to get her medicine, would not be able to consult a doctor if this is not regulated by law.
        That new privacy law is just thrown out of whack.

        For example, daughter of NL man is in Thai will, she cannot obtain the benefit of ABNAMRO from her father in NL. This must be arranged from here with an apostille and legalization of all documents at the NL Embassy. Even then, ABNAMRO would transfer the assets to the executor in Thailand, who would then have to transfer it back to the Netherlands. We also want to prevent this exchange, so there will be a power of attorney from the executor for the benefit of the beneficiary in NL.

    • bona says up
      20 December 2020 at 13: 52

      Thank you Roel, I will contact you by email soon for more information.
      Let's wait and see what other useful information is posted by other members.
      For general information: I have been living in Thailand for 13 years, deregistered in Belgium and registered in Thailand.
      In Belgium, with the consent of my children, there is a handwritten will.
      There is no real estate in Belgium or Thailand.
      For these reasons I would prefer to keep everything as simple as possible.
      Once again my best thanks.
      Bona.

    • john says up
      20 December 2020 at 18: 03

      Dear Roel,
      you say: children have no right if the parents have emigrated outside the EU for more than 5 years.
      Is that really the case? I think there are few Dutch or Belgians who are aware of this.
      Would you mind substantiating that? I think it matters to many.

  2. Labyrinth says up
    20 December 2020 at 12: 31

    Dear Bona,

    It may be best to go through this, Belgian inheritance law is somewhat different from Dutch law and as an extra, you live outside Europe.

    https://www.viw.be/nl/als-belg-een-testament-maken-het-buitenland

    https://diplomatie.belgium.be/nl/Diensten/Diensten_in_het_buitenland/Notariele_bevoegdheid/Nalatenschappen_schenkingen_en_testamenten

    http://www.vlaamseclubpattaya.com/files/TESTAMENT-IN-THAILAND.pdf

    I myself have drawn up a handwritten and registered will in Belgium at a notary, I have no children. And in Thailand with a friendly lawyer drawn up in English and with 2 witnesses and “approved translation in Thai.

    Succes

    • bona says up
      20 December 2020 at 13: 55

      Thank you Labyrinth,

      I have carefully read the various appendices, they are very helpful and professional.
      It will certainly be taken into account.

      Sincere gratitude.

      Bona.

      • Labyrinth says up
        20 December 2020 at 15: 28

        Dear Bona,

        Glad to be able to inform you as well as Maryse's contribution who puts the situation straight and clear.
        Success!

  3. Maryse says up
    20 December 2020 at 14: 11

    Dear Bona,
    As you put it in your question it is most efficient:
    1. Draw up a will in Thailand in favor of your (I assume Thai) wife and have it registered by a recognized lawyer. I can get you in pattaya Puvana Co., Ldt. recommend from my own experience. They know how to do it there, legally speaking.
    2. For your assets in Belgium for the benefit of your children there, you must make a will in accordance with Belgian law and have it registered there.

    Maybe expensive but the most safe. Thailand cannot do anything with your belongings in Belgium and Belgium cannot do anything with your belongings in Thailand. Combining is asking about difficulties for the next of kin during the implementation.

  4. Luc says up
    20 December 2020 at 15: 19

    Dear Bona, I have an order drawn up somewhat similar to your proposal. I had this put together at CHARTDEE & BANNING Law Firm in Pattaya, where you should contact Ms. Tina Banning by e-mail [email protected] . She is a Thai lawyer who speaks perfect Dutch, which is already a great advantage when discussing your file.

    • spatula says up
      21 December 2020 at 09: 49

      Dear Luke,
      Maybe you should check your information first before spouting it. Tina Banning is not a lawyer at all but the manager of her company. She does employ lawyers.
      Furthermore, she is not Thai at all, but Dutch of Indonesian descent. That is why she speaks perfect Dutch.

  5. Marc Krul says up
    20 December 2020 at 16: 42

    Hello
    Isn't it the case in Belgium that 50% automatically goes to the woman and the rest to the children
    So if that is the case you have to take into account that in Thailand not everything is 100% for women and then in Belgium another 50% for women
    I think that the intention is a total of 50% for women and not 75%

    • Lode says up
      21 December 2020 at 12: 14

      Mark,

      Here you will find the legal regulations and options.
      Read point 18 carefully and you will read that your statement does not hold. (I have had a bad relationship with my wife for years, is there a possibility to disinherit them?)

      • Lode says up
        21 December 2020 at 12: 15

        Hereby the website of Notaris.be

        https://www.notaris.be/faq/erven-schenken

  6. bona says up
    22 December 2020 at 06: 21

    Best thanks to everyone.
    We have contacted Roel, first response, and will take the necessary steps with him.
    Happy celebrations to all.

    Bona.


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