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  1. #1
    Thailand Expat
    lob's Avatar
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    inheritance in los.

    I have a dilemma. I have a 14 yr old daughter, we live alone, I have assets/ investments in los. question, in the event that I die, wot have other members done ref, a monthly income for said child. cheers.

  2. #2
    'ello 'ello 'ello Luigi's Avatar
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    Made a Thai will leaving all Thai property and bank accounts to them.

    Did Western will around the same time with the same terms.

  3. #3
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    Quote Originally Posted by lob View Post
    I have a dilemma. I have a 14 yr old daughter, we live alone, I have assets/ investments in los. question, in the event that I die, wot have other members done ref, a monthly income for said child. cheers.
    Hopefully you don't pass for a long time yet but if you do and your daughter is still a minor have you identified anyone to manage your affairs, power of attorney etc/

  4. #4
    The Fool on the Hill bowie's Avatar
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    Different situation but similar - my daughter is adult dual citizen.

    What I did.

    Full legal package; last will and testament, power of attorney, medical directives with an attorney in Thailand. Last will and testament, power of attorney, medical directives with an attorney in the USA. Both sets of legal document were translated into both languages. Both sets of documents declare the same thing(s).

    Both the Thai and American Attorneys made a point in stating that legal documents are country specific and are not recognized by the other country. So, you do need legal documents in both Thailand and your mother country to protect your daughter. If a long lost relative or a close family member decided to challenge your daughters right to her inheritance of your property (the smell of money does strange things to people).

    I then provided full sets of both the Thai and American legal documents to; both my Thai and American Attorneys, my brokerage firm, my American family members and my Thai family members. In the legal documents you will also be designating someone (and alternates) to act in/on behalf of your estate and your daughters best interests.


    The certainty and finality of our death is often overlooked and sometimes willfully ignored. Many folk just figure, wrongfully that "it'll work out in the end - there's nothing I need to do now".

    Congratulations for thinking ahead and preparing for your child. Very few of us do.


    Interesting side note - both the Thai and American Attorneys and their staff were quite interested in the other countries legal documents and spend considerable time scrutinizing how the other country designates legal stipulations. I also did provide all entities involved with full contact information of the attorneys, the brokerage firm, and the family members. Also a full listing of our assets was compiled including type, location/address, contact persons, account and policy numbers, VIN's, etc.

    Everybody is on the same page.
    Last edited by bowie; 02-02-2020 at 07:30 AM. Reason: added note

  5. #5
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    bowie
    Very comprehensive package you put together and it should result in you getting your stuff to go where you want it to.
    BUT I would be too scared to do that as it might create a target on my back if someone here thought they would get something if I died.
    Maybe I have it all wrong maybe they would be disappointed in how little I actuaslly have compared to what they think I have?

  6. #6
    Thailand Expat jabir's Avatar
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    Main thing is a clear and unambiguous will, which is straightforward enough for most people leaving stuff to family.

    Having been here a while and seen the messes left behind by expats that thought they were immortal, anyone without a will is not just crazy but irresponsible.

  7. #7
    CCBW JPPR2's Avatar
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    My wife and I have this dilemma that we have discussed numerous times but really not sure what to do. All my financial assets are in the states. Easy one to manage and allocate upon my death and have a will in place. The challenge for us is what to do with our house and land here in Thailand. We have no children and will not. Its just us. It is highly likely I will croak before my wife but it still leaves my wife wondering what to do with it all and she has asked me my wishes. I told her sell it and go rent a small place and burn the cash. It appears an option for my daughters in the states is that when my wife passes it all gets sold and my daughters would have to come manage it all which is a probably an ugly mess because they are not Thai nationals

    Too ootai's point, clearly I am worth more dead than alive at this juncture but my wife off'ing me has no benefit. That would be like killing your cash cow.

  8. #8
    Thailand Expat Pragmatic's Avatar
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    How to make a valid will in Thailand

    Last will and testament forms

    A last will and testament in Thailand is the instrument by which a person declares his will as to disposal of his assets or estate and effects after his death. A Thai will and testament, to be valid, must be made by a person of sound mind and it must be in one of the forms as prescribed in chapter II of the Civil and Commercial Code sections 1655 to 1672.

    1. The most common last will and testament in Thailand is a last will in writing, dated at the time of making and signed by the testator in the presence of at least 2 witnesses who sign their names to certify the signature of the testator (section 1656 of the Civil and Commercial Code). It is not required that such a will is notarized or registered for it to be a valid legal will.
    2. A last will in Thailand can also be made as a public document at the local amphur (or in Bangkok these local public offices are called Khet), by a declaration to the relevant public officer. The testators must declare his wishes (in Thai) to public officer who in his turn must write down the testators declaration in the will in Thai (section 1658 of the Civil and Commercial Code). The official must again read it to the testator and witnesses who following must sign the last will drawn up by the public officer. One requirement for such a will is that you must be able to read and write Thai.
    3. A last will can be made at the same amphur by a secret document. The testator in this case must close the document (his last will), sign it and hand it over to the same official (section 1660 of the Civil and Commercial Code). Two witnesses must also sign the closed document and the official will seal the closed last will and testament.
    4. A person may under Thai law in certain cases, i.e. exceptional circumstances such as imminent danger of death and where the person is prevented of making his will in any of the other forms a prescribed in Chapter II sections 1655 to 1672 of the Civil and Commercial Code, make a valid will by word of mouth only.
    5. A person under Thai law may also make a holographic testament, i.e. a testament written wholly by the testator himself, including the date of writing and signature of the testator (section 1657 Civil and Commercial Code).
    Forms Of Wills under Thai Law | Family Law

  9. #9
    The Fool on the Hill bowie's Avatar
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    Quote Originally Posted by ootai View Post
    BUT I would be too scared to do that as it might create a target on my back if someone here thought they would get something if I died.
    Maybe - but, this removed any potential or possible target from my back because now the in-laws know absolutely for certain they won't be getting anything when I'm dead. Less, of course, their required attendance to the crematorium. They are so much better off keeping me alive and well. And now they know it.

  10. #10
    The Fool on the Hill bowie's Avatar
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    Quote Originally Posted by jabir View Post
    Main thing is a clear and unambiguous will, which is straightforward enough for most people leaving stuff to family.
    Quite easy and/or simplistic for most folk. For myself, wife and daughter. If I die all assets go to the wife, if wife's dies, all assets go to me. If we both die together, all assets go to the daughter. Daughter designated one nephew should she pass away.


    I do have an elderly friend of the family who has more than a dozen LW&T rewrites because she keeps changing her beneficiaries on the basis of perceived insults, omissions and pettiness.

  11. #11
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    I noted a number of U.S. citizens in this thread - a very helpful website for Embassy help upon your (or your wife's demise if she is also a U.S. citizen) is
    https://th.usembassy.gov/u-s-citizen-services/death-of-a-u-s-citizen/
    and in Thai
    https://th.usembassy.gov/th/u-s-citizen-services-th/death-of-a-u-s-citizen-th/

    From what my financial person has told me they will want the report of a

    I have blank forms in pdf format for you to fill out your information in advance to make sure your details are correct - don't seem to be able to upload them.

    Steve

  12. #12
    Thailand Expat cyrille's Avatar
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    Quote Originally Posted by mudcat View Post
    a very helpful website for Embassy help upon your (or your wife's demise if she is also a U.S. citizen)

    I have blank forms in pdf format for you to fill out your information in advance to make sure your details are correct - don't seem to be able to upload them.
    Only accesible upon demise, maybe?

    Are you eating OK?

  13. #13
    Thailand Expat
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    thanks for the feed back peeps, all good stuff. the draw backs , as I see them are, as said child is still a minor, her mother can step in and claim control of the kids doings, that would be normal I suppose , which undermines the will, in as much ma will still be in control but own nothing.

  14. #14
    Thailand Expat cyrille's Avatar
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    Quote Originally Posted by ootai View Post
    BUT I would be too scared to do that as it might create a target on my back if someone here thought they would get something if I died.
    Quote Originally Posted by bowie View Post
    Maybe - but, this removed any potential or possible target from my back because now the in-laws know absolutely for certain they won't be getting anything when I'm dead.
    Quote Originally Posted by JPPR2 View Post
    Too ootai's point, clearly I am worth more dead than alive at this juncture but my wife off'ing me has no benefit
    I took a different approach.

    I married someone who I know won't murder me.

    Seems a pretty minimal requirement, really.

  15. #15
    Thailand Expat jabir's Avatar
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    Quote Originally Posted by lob View Post
    thanks for the feed back peeps, all good stuff. the draw backs , as I see them are, as said child is still a minor, her mother can step in and claim control of the kids doings, that would be normal I suppose , which undermines the will, in as much ma will still be in control but own nothing.
    Wouldn't swear to it and there may be restrictions, but if the child is Thai and >7 (old enough for an ID) she can own property in her own name.

    That done, if the mother is the guardian she could not sell or otherwise compromise the property without going through the courts, and big plus afaik in such cases judges are familiar with Thai nature/instinct and tend to hold higher than normal standards to protect the child's interests.

  16. #16
    Thailand Expat jabir's Avatar
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    Quote Originally Posted by cyrille View Post
    I took a different approach.

    I married someone who I know won't murder me.

    Seems a pretty minimal requirement, really.
    Not on the day you married, probably, though things do change and then can get mucky.

    But good luck.

  17. #17
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    Lob, i would just go to a decent recommended solicitor who deals with whities and get you options laid down regards Thai law.

    Ref foreign assets if you have them then i'd secure those separately in a way the mother cannot access them and at an age your child can at an appropriate age, possibly with a way to drip feed funds across until the child is old enough.

    Really though its complex and specific to your and the childs circumstances should you pass - i think TD solicitors can only take you so far.

  18. #18
    The Fool on the Hill bowie's Avatar
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    Quote Originally Posted by NamPikToot View Post
    Lob, i would just go to a decent recommended solicitor who deals with whities and get you options laid down regards Thai law.
    Talk to a real licensed Thai Attorney concerning Thai law and how to protect your child.

    Quote Originally Posted by NamPikToot View Post
    i think TD solicitors can only take you so far.
    "You get what you pay for" - free legal advice on an anonymous internet forum

  19. #19
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    Quote Originally Posted by cyrille View Post
    I took a different approach.

    I married someone who I know won't murder me.

    Seems a pretty minimal requirement, really.

    cyrille
    I don't think you read my post very well. I never said I was worried about my wife murdering me.

    Anyway I hope you are right about your wife but I wouldn't bank on it. Wives who kill their husbands is 25% of the number
    of husbands who kill their wives so there is always a chance.

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