When I Die in Thailand

Anything and everything about Thailand
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Dodger
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When I Die in Thailand

Post by Dodger »

Once I hit age 60 I started receiving junk mail ads for burial plots and thought this is the last thing I need (tongue in cheek). Now that I’m retired and entering the “Final Third” of my life I thought it best to make plans so I don’t leave any loose ends behind in my happy trail.

I know this is an uncomfortable subject for many people but it really shouldn’t be. I really believe that moving on to a new adventure isn’t something that should be feared, unless in fact you are suffering in mortal pain, than all bets are off. On a serious note, I just feel better knowing that my plans are arranged and I can put this out of my mind and continue enjoying life.

I was able to make all the necessary arrangements in just a few hours. Making a Last Will & Testament does not require a lawyer and I was able to find free W&T templates on the internet. After doing a little reading it became clear that making one W&T for the family in the U.S. and a separate W&T for Thailand was by far the least complicated and straight forward way to go. I mailed the U.S. W&T to my daughter who I named as executor for my assets in the U.S. (which only involves my U.S. bank account) and gave the Thailand W&T to my boyfriend (Jai) who is named as executor for my assets in Thailand.

My instructions to Jai for my funeral were simple: Small and simple Buddhist ceremony…toss my ashes in the sea… and avoid that tradition when your friends throw a great party for you on the one day they know you can’t come. Jai was uncomfortable talking to me about this but I told him that this is where problems come in when people fail to plan. He said… “When that day comes I will miss you so much”. My response…”not as much as I’ll miss me”. There was silence for a moment and then he laughed.

Following in the footsteps of my father I’ve been enthusiastic about Buddhism since an early age. I take everything I learn with a grain of salt and just try to use common sense and follow my instincts which seems to work pretty well. I remember being in a heavy conversation about Buddhism with my older brother once and he said “do you understand that you really don’t exist” and I responded, “who are you telling that to then?”

I’m 67 years old now and most of the males in my family live to be 85 or more and that’s when they thought eating 2 pounds of red meat every day kept them healthy. So, God willing and the creek don’t rise (and my boyfriend doesn’t kill me) I’ll be around existing in this lifetime and chugging Leo’s for a while yet.

Did you make your plans yet?
windwalker

Re: When I Die in Thailand

Post by windwalker »

Yes, I did make some plans including Wills. But I used a Thai lawyer for my Thai Will. You do know that it must be written in Thai along with a translation into English?
A USA Will can be done on your own assuming your Estate is not complicated.

Furthermore, you should read the US Embassy's website in Bangkok regarding death in Thailand.
thewayhelooks
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Re: When I Die in Thailand

Post by thewayhelooks »

I hope you have left enough aside for your BF to live on while your estate is sorted out, to pay for your autopsy and any other medical/ambulance bills associated with your demise, to pay for the lawyers dealing with your will, to pay for your cremation etc. My understanding wills can take a couple of months to sort out and longer if there is a problem. Do you have an executor? Better to have someone doing this than letting the lawyers drain your bank account while they take their sweet time and charge you accordingly. Might be better to stay alive!
Dodger
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Re: When I Die in Thailand

Post by Dodger »

windwalker wrote:
You do know that it must be written in Thai along with a translation into English?
Good point. Yes, I have both Thai and English versions of the Thai Will.

Good that you took the time to plan ahead.

I raised this topic with a group of expats who I've been friends with for many years and was surprised at some of their responses. One of my friends had already done his planning but totally excluded his assets in Thailand. I guess he doesn't trust #22 enough yet. Two of my friends (both in their late 70's) appeared to be a bit agitated and started de-focusing from the discussion without disclosing their actual plans. In short, they hadn't done any planning. One friend said he already put his boyfriends name on his bank account which should suffice but hadn't thought about funeral arrangements. Last but not least, the last guy to speak just said "who gives a fuck"... :lol:

thewayhelooks wrote:
Do you have an executor?
I have a Thai boyfriend, so I have both an Executor and Executioner.
traveller123

Re: When I Die in Thailand

Post by traveller123 »

By co-incidence I started the process of making a will last week.

I have been advised that the executor of my Thai will (my partner) will have to apply to the court for probate and this will take two months which confirms Thewayhelooks post.
The problem with changing bank accounts into joint accounts is that if you use the 800K method for your visa only 50% of the bank balance is considered yours.
If i have a terminal illness and have notice of my forthcoming demise I will transfer all my bank balances to my partner, if my passing is sudden and unexpected that is when I (or rather he) needs a will.

My cremation, well that's another story, and I don't believe for one moment my wishes for my body to be thrown in the klong will be followed
Dodger
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Re: When I Die in Thailand

Post by Dodger »

windwalker wrote:
Furthermore, you should read the US Embassy's website in Bangkok regarding death in Thailand.
The information and services provided by the U.S. Embassy are really important for those who plan to have a relative (or relatives) in their home country handle the funeral arrangements and distribution of assets, etc., but really not too helpful for those who plan to have their funeral in Thailand and have already completed their Will(s). Personally I would never want to be the executor of a Will for someone who died in Thailand. Putting that responsibility (and inevitable mayhem) on anyone would be a curse and guess who would end up with the lion's share of the assets.

I had to include specific details regarding funeral arrangements in the Thai Will. If my wishes aren't followed I'll be the last one to know about it. The Will had to be signed by a witness, and as you highlighted early, written in Thai. There is no requirement for notarizing a Will.
windwalker

Re: When I Die in Thailand

Post by windwalker »

Dodger wrote: Sat Apr 20, 2019 9:02 am
I raised this topic with a group of expats who I've been friends with for many years and was surprised at some of their responses. One of my friends had already done his planning but totally excluded his assets in Thailand. I guess he doesn't trust #22 enough yet. Two of my friends (both in their late 70's) appeared to be a bit agitated and started de-focusing from the discussion without disclosing their actual plans. In short, they hadn't done any planning. One friend said he already put his boyfriends name on his bank account which should suffice but hadn't thought about funeral arrangements.
Correct me if I am wrong, but I understand you cannot put a Thai's name on your bank account. Perhaps if you are married to a Thai women but otherwise no.
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mahjongguy
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Re: When I Die in Thailand

Post by mahjongguy »

I can't find any support for the statement that a Thai will must be written in Thai, except for the situation where you intend to submit that will to the amphur for certification.

Otherwise, a properly written and witnessed will written in a foreign language will be accepted by the court after it has been translated to Thai by a certified translator.
traveller123

Re: When I Die in Thailand

Post by traveller123 »

Correct me if I am wrong, but I understand you cannot put a Thai's name on your bank account. Perhaps if you are married to a Thai women but otherwise no.
[/quote]

I am a UK national, Thai resident on a retirement visa.
I have a Bangkok Bank Account joint account with my partner and also a UK joint account with my UK bank
Dodger
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Re: When I Die in Thailand

Post by Dodger »

windwalker wrote:
Correct me if I am wrong, but I understand you cannot put a Thai's name on your bank account. Perhaps if you are married to a Thai women but otherwise no.
It would probably be best (for us) if you couldn't - but you don't have to married to a Thai to have a joint bank account. There are many farang who do this with their boy and girl friends, thus the reason you see so many Thais running around with ATM cards..even after the poor guys dead.

Someone here already raised a good point that if you do have a joint account you can only apply half of the amount that's in the account if using the 800k visa renewal method.

mahjongguy wrote:
I can't find any support for the statement that a Thai will must be written in Thai, except for the situation where you intend to submit that will to the amphur for certification
There is no legal requirement that says a Thai Will must be written in Thai. As you stated, as long as the Will is properly written and includes all the mandatory information it's acceptable, although, misinterpretations of Thai law are almost the norm over here and I opted to have create both English and Thai versions just to be safe. Of course being safe won't really do me much good at that juncture...LOL
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