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  1. #1
    Thailand Expat
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    So Who Knows What ?

    A new problem .

    Though not for me .


    Wasp

  2. #2
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    Unhappy

    ..... and here it is .

    This Thai lady has been married for several years to an English guy .
    He doesn't have enough assets for her to qualify to live in the UK .
    So she has been several times and stayed but has had to leave again after a while.

    Right now she is in Thailand .
    And the guy ....... has died.
    He has even been cremated already !!! Wasn't old either . Just poor health .

    And my question to all you excellently helpful people --- is this .

    Is there a special visa category that applies here ? A UK visa which will allow her to go to the UK and finalise paperwork ?

    The hope of course is that there will be some assets left to her . He was sending money every month and that has stopped .
    And she depended on that.
    So she wants to sort out things ... and his brother is being as obstructive as he can be .

    Surely there is some classification which applies so she can quickly go to the UK for a couple of months , tie up affairs and then go home ?



    Wasp

  3. #3
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    His brother is being obstructive because of any potential inheritance.
    Or maybe he just doesn't care and has no bond with his sister in law.
    Interesting situation as a point of law.
    But tbh I don't think she has much hope of getting a visa , where's Todz Danielz when you need him?

  4. #4
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    Err, he's a septic who is expert in Thai visa practice, not the Uk Immigration Rules.

    Her circumstances are not unique but without a UK sponsor willing and able to go to bat for her in a visit visa application, she is pretty much fucked. I assume she, too,was of modest means and has not the wherewithal to satisfy the visa officer that she is able to maintain and accommodate herself etc etc and will leave the UK at the conclusion of her visit.

    If she had the means and was a woman of some substance in her own right, and had complied with the conditions of her previous visas and could satisfy the visa officer she was genuine in her intentions to merely visit, then all things being equal she would get a visit visa.

    If it is right that her husband died intestate and has an estate that requires disposition then she should contact the probate registry and notify them of her existence and that she wishes to make a claim - obviously she will need to provide evidence and it may be someone will have to assist in this.

    If he died having made a will in which she is a named beneficiary the executor(s) are required by law to contact her etc. If she was not named as a beneficiary and she wishes to contest the will then she must be given the opportunity.

    What is paramount is that she should first notify the probate registry quoting the death details etc. She should perhaps contact the Registrar of Births/Deaths of the town in which he died informing them of her relationship ( marriage certificates etc) and explaining that the family are wrongfully excluding her from her grieving etc. They are very helpful and can give her a steer.

    Probate is public and anyone who fucks with it to the detriment of a beneficiary is certainly looking at criminal prosecution.

    Perhaps I should have made it crystal clear, there is no special category of visa available to her and in her circumstances she should simply apply for a visit visa, the success of which boils down to the fundamental issue of satisfying the visa officer she will comply with its conditions and will leave the UK at the conclusion of her visit.
    Last edited by Seekingasylum; 26-05-2017 at 11:28 AM.

  5. #5
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  6. #6
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    Should be a local government representative she could speak to who might give her some assistance...

  7. #7
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    Do you know anything about the UK? Or did you mean in Thailand?

    Either way, it was a fucking moronic comment.

  8. #8
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    ^ Uh oh...Thought you were SeekingArse, old bean...

  9. #9
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    From reading the OP sounds like the airfare would cost more than the bloke was worth.

  10. #10
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    Indeed, if he had been a northern oik subsisting in the arsehole of a dead end town like Crewe or some such Godforsaken English hellhole, then you may well be right Bumbumboy.

    Perhaps you could sponsor the woman with your untold millions you keep boasting about in your puerility.........?

    Have a word with your distaff, they may even be from the same village.

  11. #11
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    Thumbs up

    Neverna ....... Thank you . You're not as bad as all the writers named ' Wasp ' say you are.


    Seekingasylum --- that's a wonderful answer .

    It should be posted as a sticky for future Reference .

    I assumed ...... imagine a Thai daughter is working in the UK and has a really serious accident . Surely there is some kind of compassionate visa ' bypass ' to allow the mother to travel swiftly to the UK to be with her daughter ?

    And the same with this situation . Surely there is some provision to travel in that short time between the death and the cremation ? But apparently not .

    It certainly does feel like this guy's brother has decided he would like to keep whatever assets remain .
    The deceased did sell a house and bought a caravan - so there may be a decent sum of money in a bank . A case of " Why should this go to some Thai ? " . The brother is probably also of limited means and it would be easy to tear up any Will that he didn't like .

    I have no proof of any of this speculation . Just sympathy that the monthly £200 has been stopped .

    Thanks again . I'll make contact with the Probate Registry .


    Wasp

  12. #12
    Thailand Expat OhOh's Avatar
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    Many northern oiks have substantial assets stored in the most peculiar places.

    One wonders if the UK Embassy has any assistance it might provide. A copy of the death certificate may be of assistance, along with correspondence from either the Probate office or the executer. Showing good reason for the visit along with an intent to leave

    Always far easier to leave a copy of your will with say, the local bank manager
    A tray full of GOLD is not worth a moment in time.

  13. #13
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    well done genticles - you can be a helpful cnut sometimes

    tried to green you , but got some message about not being able to give reputation to genticles in case it goes to his head

  14. #14
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    Rather typically ..... ask her any question at all . Blank face .

    " Don't know "

    " Don't know "

    " Don't know "

    I've already sent off a message to the Probate Office in Birmingham just to let them know that she exists . But there are forms to fill out too .

    ' Is there a Will ? '
    " Don't know "

    Are there any children from previous relationships ?
    " Don't know "

    How many brain cells do you actually have ?
    " Don't know "

    The sympathy starts to ebb away .


    Wasp

  15. #15
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    The embassy has an emergency telephone line which should give access to a duty officer who could liaise with a UKVI officer. Sudden death and other compassionate circumstances affecting immediate family members of course trigger responses which are often compelling and result in a swift visa issue.

    In this case the spouse may well obtain a visit visa but the officer must be assured she will not become a burden upon the state and has the means to leave when appropriate.

    The thing is, what is it that she can achieve by her presence in the UK that cannot be completed in her absence by a nominated 'amicus'. Probate, even if uncomplicated and where there is a Will executed competently with the full cooperation of all legatees and beneficiaries, can take several months. If he died intestate and the sibling(s) are obstructive then one is looking at a year or more - a term well in excess of the visit visa validity.

    If the chap had suffered a serious accident and was not expected to survive, the UKVI would have issued a visit visa within 24 hours in her circumstances given her previous history and record of compliance.

    But this will business is an entirely different jug of mackerel. Best get someone in Blighty to fight her corner which in the circumstances wouldn't be that difficult to achieve - contact Registrar of Births/Deaths, have certified copies of passports and m/c to hand, and a statement of facts for the Probate Registry.

  16. #16
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    Quote Originally Posted by Seekingasylum View Post
    Indeed, if he had been a northern oik subsisting in the arsehole of a dead end town like Crewe or some such Godforsaken English hellhole, then you may well be right Bumbumboy.

    Perhaps you could sponsor the woman with your untold millions you keep boasting about in your puerility.........?

    Have a word with your distaff, they may even be from the same village.
    How many times must you be reminded that there is not a single drop of Northern blood running through my veins. While Crewe may not be the most picturesque of towns in the UK in fact it is down right ugly, you only need to venture a mile outside of it in any direction and you are in villages and nice Cheshire countryside where those of us who are not Northern oiks reside. Although obviously country Cheshire villages with all they have to offer in terms of lifestyle quality can't compete with Pattaya.

  17. #17
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    Are they legally married or just a Buddha marriage? If legally married and the bloke has no will she will be entitled to the Lions share with a lesser share of his estate going to any children, a quick google will tell you how it all breaks down in the event of no will. If he owned his house, will or no will and was legally married she would have a good claim and would probably get the proceeds from that as the law stands.

  18. #18
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    Red face

    Quote Originally Posted by Seekingasylum View Post
    The embassy has an emergency telephone line which should give access to a duty officer who could liaise with a UKVI officer. Sudden death and other compassionate circumstances affecting immediate family members of course trigger responses which are often compelling and result in a swift visa issue.

    In this case the spouse may well obtain a visit visa but the officer must be assured she will not become a burden upon the state and has the means to leave when appropriate.

    The thing is, what is it that she can achieve by her presence in the UK that cannot be completed in her absence by a nominated 'amicus'. Probate, even if uncomplicated and where there is a Will executed competently with the full cooperation of all legatees and beneficiaries, can take several months. If he died intestate and the sibling(s) are obstructive then one is looking at a year or more - a term well in excess of the visit visa validity.

    If the chap had suffered a serious accident and was not expected to survive, the UKVI would have issued a visit visa within 24 hours in her circumstances given her previous history and record of compliance.

    But this will business is an entirely different jug of mackerel. Best get someone in Blighty to fight her corner which in the circumstances wouldn't be that difficult to achieve - contact Registrar of Births/Deaths, have certified copies of passports and m/c to hand, and a statement of facts for the Probate Registry.
    There's a career opportunity for you here SA.

    And pondering upon your words you are of course quite right . What could she achieve were she here ? .
    For a fee of £10 the Probate Registry will let me know if any Grant of Probate is issued in the next 6 months . Registering a claim is not easy when you have requirements like a copy of his Passport ..... exact dates of this and that .... and the useless Thai partner says " Don't Know " to everything . And the brother will supply no help at all.
    She can't access his Bank Account online to see anything . Doesn't know the name of the Bank or his Account number . FFS !!!

    You're right .

    Register with the Probate Office . Try to freeze his bank . Make a formal claim on any estate .

    Can only give you one ' Green ' . So thanks again .
    I tried to give a ' Green ' to Neverna but it said I can't do that because he's not so nice !!!


    Wasp

  19. #19
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    Quote Originally Posted by buriramboy View Post
    Although obviously country Cheshire villages with all they have to offer in terms of lifestyle quality can't compete with Pattaya.
    My back garden gives private access to a fine beach of silvered sand laced with swaying palms wafted by tropical zephyrs overlooking a fine azure coloured sea into which a fat red sun sets nightly in a vermillion blaze of glory and iridescent, fluffy Titian cumuli.

    So, I rather think you may well be right, for once.

  20. #20
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    Quote Originally Posted by Seekingasylum View Post
    Quote Originally Posted by buriramboy View Post
    Although obviously country Cheshire villages with all they have to offer in terms of lifestyle quality can't compete with Pattaya.
    My back garden
    You live in a fuckin condo.

    Back on topic, the bank will automatically freeze his account on becoming aware of his death and any funds in it eventually passed to which ever solicitor is dealing with his will.

  21. #21
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    Thank you Wasp. It may be better if you secure a decent lawyer to act for her. First things first, certified copies of passports, marriage certificates and translations, bank account details would be good - how did he transmit his monthly payments? Western Union or bank transfer. The deceased bank accounts should have been frozen the moment the death certificate was to hand. What pensions did he have? Does it provide for a spouse. Details eh?

  22. #22
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    The legal system in Australia is very similar to that in England. And in my opinion, proof of the regular payments to her are essential, as since he supported her she may well be able to claim due to this fact alone....even if they were unmarried.

  23. #23
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    If there is no will and they are not legally married she has a claim to exactly fuk all.

  24. #24
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    In Oz, de facto status gives equal rights as marriage, then divorce, and (I'm guessing) possibly after death.

    I guess the UK is different there.

  25. #25
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    Quote Originally Posted by buriramboy View Post
    If there is no will and they are not legally married she has a claim to exactly fuk all.
    Beautiful language the English language , hey ?

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