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  1. #1
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    Default Father died, what to do with his estate

    Hi All,


    Hope that you will be able to off information or advice for the situation that I have.


    My father passed away unexpectedly at the start of this month and had been living in Thailand for a number of years.


    We were not close at the end, so I was informed when the foreign and commonwealth here in the UK tracked me down as his next of kin.


    We have arranged the funeral and this has all taken place now.


    What I would like to know is information about his estate, and how to tidy things up. This is not about money, but making sure everything is correctly closed off.


    He would not have had much, so we are talking about his personal items that were in his rented condo, and whatever funds were in bank(s).


    I don't know if he had a Thai will, and if he did, I don't know if he had a Thai Girlfriend that may have been left things.


    The funeral director has said they were not allowed to remove any personal items from the condo, as the landlord wants to claim for damages. So they have not been able to see if there was a will somewhere in the condo.


    I have contacted a number of law firms in Thailand that were listed on the UK government website, and they have all come back with the same, that we would need to spend a lot of money and time to go to court to make me the executor of the estate to then be in a position to close accounts / authorise the sale of his possessions. Given the amounts that the law firms were quoting all of that would most likely not cover what it would cost to make me the executor.


    I have also heard from the law firms that if I do not go through the process of becoming the executor, then the personal items will go to the state.


    So the questions.


    Do you know if there is any liability passed on to us, his family, to sort out his estate? We have not agreed or counter signed anything as we were not asked to.


    The landlord is wanting to claim for damages, again, would we be liable for them when we haven't agreed to be a guarantor.


    Finally, if we do not go forward, and the state take hold of the possession, but find a Thai will, would the instructions of the will come into effect, or would the state just keep everything.


    Appreciate that this is a long shot, but as I have not been able to get these answers from anyone else so far I thought I would ask.


    Many thanks

  2. #2
    Forum Regular สมาชิกประจำ nigel&panada's Avatar
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    My condolences, its a bit of a mess. I would think you would be lucky to see anything from the condo, landlord will see contents as a windfall even if there was no damage. I would suggest you contact Isaan lawyers about everything else as they are English speaking and reputable.
    https://www.isaanlawyers.com/

  3. #3
    Moderator Tobias's Avatar
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    Ash, welcome to the forum. Sorry to hear your news, no doubt this all came as a bit of a shock even though your relationship was not as close in recent times.

    I will deal with just the questions raised:

    Quote Originally Posted by Ash_123 View Post
    Do you know if there is any liability passed on to us, his family, to sort out his estate? We have not agreed or counter signed anything as we were not asked to.
    You are not legally obliged to deal with his estate. If you organised the funeral then you have an obligation to pay that. If the UK Government paid for the funeral, they may ask the family to cover any funeral expenses incurred.

    Quote Originally Posted by Ash_123 View Post
    The landlord is wanting to claim for damages, again, would we be liable for them when we haven't agreed to be a guarantor.
    You don't say what damages the landlord is seeking. You have no liability for any debts or obligations your father may have had at the time of his death. However, the landlord may assume ownership of all your father's possessions (including any money that may be in the property) and use that property against the 'damages' they seek. It wouldn't surprise me if they have already helped themselves to anything valuable already!

    Quote Originally Posted by Ash_123 View Post
    ... if we do not go forward, and the state take hold of the possession, but find a Thai will, would the instructions of the will come into effect, or would the state just keep everything
    Yes, if the State take possession of your father's estate and find a will they should act according to Thai law. It would depend on the value of the estate and if there is a legally valid will.

    If your father has a pension or a UK bank account you should be able to gain access to that under the UK rules of intestacy. I'd contact them immediately to prevent any further payments or debit/credit card transactions.

    If you believe there is little value in your father's Thai estate and there are no personal items you wish to keep, then you do not need to apply to control the estate.
    Tobias - โทเบียส
    Stay home. Stay alert. Save lives.

  4. #4
    Furniture เฟอร์นิเจอร์
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    Quote Originally Posted by Ash_123 View Post
    I have contacted a number of law firms in Thailand that were listed on the UK government website, and they have all come back with the same, that we would need to spend a lot of money and time to go to court to make me the executor of the estate to then be in a position to close accounts / authorise the sale of his possessions. Given the amounts that the law firms were quoting all of that would most likely not cover what it would cost to make me the executor.


    I have also heard from the law firms that if I do not go through the process of becoming the executor, then the personal items will go to the state.
    When I became executor of my late wife's will I had to go to court, It took a few months to get into court. I had to pay a lawyer and everything was conducted in Thai all questions were asked in Thai all answers had to be given in Thai so a translator was needed. The lawyer could not be the translator as he was asking me the questions.
    The decision was given on the spot but we had to wait for the papers to be stamped and signed I think that took 2 weeks,

    You will need to weigh up the cost of going to Thailand, lawyer, translator costs, accommodation etc to see if it is worth it financially.

    Given the times and as Nigel & Panda say the landlord will think it a windfall of anything that is left and rent deposit.

  5. #5
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    Hi all,

    Many thanks for the kind words and advice that have been offered.

    They really are greatly appreciated.

    [COLOR=rgba(0, 0, 0, 0.84)]While I am not completely sure what has gone on, the funeral director now has a lot of his personal items, things like framed pictures and medals, and his bank books (or at least some of them) and some documents. The landlady is also no longer seeking compensation. There is no jewellery, and while he certainly used to wear a ring, I have no idea if he still did. He would have also had computer and phone, and these are not on the list I was sent either. So maybe the landlady cleared out the house, took things of value and decided it was a win for her. I have no idea, but as I don't know of any certain piece of jewellery, and there would be no way to prove anything, we are not going to pursue this.

    [/COLOR]Think we will be able to get the personal items back, and will most likely leave things there. They have said that the bank books are not showing anything of great value, so seems that there is little to no point in going through the process of becoming the executor.

    Again, thanks all for the help and advice give. [COLOR=rgba(0, 0, 0, 0.84)]It has helped what was a pretty daunting process and lot clearer in my mind.[/COLOR]

  6. #6
    Forum Regular สมาชิกประจำ
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    Assuming your father was on a retirement extension, and has done things legally there should be an account with perhaps 800,000 bht in it. No small amount of cash.

  7. #7
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    Very sorry to here what your going through. you mentioned medals in your post so I presume your father served. I'd contact The Royal British Legion in Chonburi Thailand and ask for their advice. I'm sure they've come up against similar circumstances in the past and if nothing else they might be able to collect personal items and either store them or forward them on to you.
    Best of luck Dippy

  8. #8

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    DAS that’s a very good shout! There is every possibility he was there under another visa but most retirees need the 800k

  9. #9
    Moderator Tobias's Avatar
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    I would still check that there are no UK bank accounts or pensions. There could well be a UK issues debit/credit card that may be receiving some rogue charges, especially so given the landlord has changed her tune!

    Perhaps ask the undertaker to scan and email the bank statements to you.
    Tobias - โทเบียส
    Stay home. Stay alert. Save lives.

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