new year horror story

[Eneukman 1]

The best advise I can give for any of you married to a Thai, but have you're estate in your own country, is to make a will in both countries, appoint an Executor in each.

 

Sorry to hear the bad news.

 

I would just add one point to the above and that is to ensure that your UK executor knows who holds the Thai Will and vice versa. When you apply for Probate to the estate in England (Confirmation in Scotland) you will need either the Thai grant of Probate OR the ORIGINAL Thai Will. A certified translation of anything in Thai will be required by the Courts. Other documentation will be required, but that is for another topic.

 

I hope his wife here can find the appropriate documentation.

 

Alan

Edited January 13, 2008 by Eneukman

[nidnoyham 30]

It appears that a U.K visa, may be out of the question for his Thai wife, if she has no sponsor, or enough of her own money topay for her trip. The English friend there, can't sponsor her, as he already sponsors his wife for a visa, which he will be applying for in 2 months time. They are going to give it a go today, but he feels he is wasting a trip to BKK and 4600bht.

 

Someone has contacted his brother, who doesn't GAF that he is dead, but others have persuaded him to arrange a funeral. So that is good news. Now we have to make sure the bag with all the doc's gets picked up from hospital.

 

I can see me, or someone else, making a trip to LOS.

[rhodie 31]

Thanks for the update nidnoy. Really sad news.

 

I hope everything turns out well.

 

Good Luck.

[nidnoyham 30]

His funeral is on the 23rd. The lads from work will give him a good send off. His Thai wife wont be there, but his first one and her daughter will be. They didn't even attempt to get a visa Monday, they were assured it would be a waste if time to try.

 

The bag with all the paperwork in, has been picked up from the hospital and his suitcase was cleared through customs by the lads at work, his brother picked it up.

 

Now remains the job of sorting out his Estate. An eternal triangle of a Canadian Company, an English payment system and a Thai national living the other side of the world. It could take some time.

 

I am still angry with him- stupid bugger. He wouldn't listen to anyone about getting himself sorted out here. The ones who finally convinced to fly home last week, now feel guilty for talking him into it. Ah well, that's life !

[Eneukman 1]

Good luck to whoever is sorting out his estate. Having spent 25 years administering estates, this sounds like a total nightmare in the making.

 

Was a Will found? Was he legally married to his wife in Thailand.

 

Alan

[nidnoyham 30]

No will found so far Alan. It could be in the bag he had in hospital.

 

He got married in LOS to the mother of the little girl, last year. Another thing I had been telling him to do for years. He did get that right. How this marriage in LOS will be viewed by the company, I don't know.

[Eneukman 1]

Assuming he was legally married to the Thai woman (i.e. not just a Buddhist ceremony), it might not be too complicated.

 

The first thing that has to be established is his domicile. Assuming he was born in England and that his parents were English, he will have a domicile of origin of England & Wales. He intended to live out the rest of his life in Thailand but because of ill health had decided to return to England. OK - he didn't live long enough to return, but this just could be sufficient to suggest that he had retained his domicile of origin and had failed to acquire a domicile of choice in Thailand.

 

From what you have said previously, he has very little in the way of capital and under English laws of Intestacy, his wife will be entitled to the first £125,000 of his estate. If he owned a house (in a company name) this would, I think, be part of this £125,000.

 

Real estate passes under the laws of the country in which the property is situated but in this case, what is owned is the share capital of the company owning the house - NOT the house itself.

 

I'm not sure how the Canadian company becomes involved. Was this his former employer? I know that under my ex-employer's pension scheme, widows are entitled to a pension equivalent to half what their husband was receiveing at the time of death. However, where the marriage is recent and there is a substantial age difference (I think 15 years), the amount of the pension is restricted.

 

The wife in Thailand may also be entitled to a widow's pension from the UK government (depending on her age).

 

Alan

[dacah 0]

Thanks for posting this tread...it is very thought provoking

 

One has a duty not to leave too much of of a mess..

 

As an ex antique dealer..I am trying to sort out my estate..

 

Wonder will the kids find the Rembrant etching I hid in the books !!!

[nidnoyham 30]

Assuming he was legally married to the Thai woman (i.e. not just a Buddhist ceremony), it might not be too complicated.

 

The first thing that has to be established is his domicile. Assuming he was born in England and that his parents were English, he will have a domicile of origin of England & Wales. He intended to live out the rest of his life in Thailand but because of ill health had decided to return to England. OK - he didn't live long enough to return, but this just could be sufficient to suggest that he had retained his domicile of origin and had failed to acquire a domicile of choice in Thailand.

 

From what you have said previously, he has very little in the way of capital and under English laws of Intestacy, his wife will be entitled to the first £125,000 of his estate. If he owned a house (in a company name) this would, I think, be part of this £125,000.

 

Real estate passes under the laws of the country in which the property is situated but in this case, what is owned is the share capital of the company owning the house - NOT the house itself.

 

I'm not sure how the Canadian company becomes involved. Was this his former employer? I know that under my ex-employer's pension scheme, widows are entitled to a pension equivalent to half what their husband was receiveing at the time of death. However, where the marriage is recent and there is a substantial age difference (I think 15 years), the amount of the pension is restricted.

 

The wife in Thailand may also be entitled to a widow's pension from the UK government (depending on her age).

 

Alan

 

 

No property in UK Alan. All he has is his pension and the insurance with Air Canada, that we all took out at retirement. The insurance beneficiaries can be changed to whom you wish. I have named my kids as mine. The pension, can only be claimed by a Spouse. This is the law of the land.

 

We had a similar problem a few years back. A guy at work was killed in an accident shortly after marrying a Thai. The company could not pay her a pension, because pensions are taxed at source and to pay tax, you need a NI number, which she didn't have. In the end they paid her a one off tax free lump sum . ( which she blew in a year )

 

I think this is the normal procedure for young wives of Retirees, who may get re married. A lump sum, instead of a life pension. She is in her 30's, so she comes into this category. The other problem we had was getting the cheque to a bank account in LOS. The only branch of Bangkok Bank in the UK, was a clearing bank. they must have done a credit transfer into her account in LOS. I can't remember. The irony of it is, the deceased, did all the contact work with the company for her. He knew the bloke who handled things here. We have someone from work in LOS until April, then she is on her own as far as contacting Personnel goes.

 

His bag has been picked up from the hospital, but no will was found. so it will be a bit drawn out.

[nidnoyham 30]

I am still mad at him, for his daughters sake. It is her 6th birthday next month.

[bart 0]

I am still mad at him, for his daughters sake. It is her 6th birthday next month.

Hmm, so in truth you have some sympathy, perhaps quite a lot of sympathy, with touristman's initial sentiments? By saying that I'm not flaming you in the slightest. It's just interesting to read about how you feel, given how some of the posts in this thread developed earlier. After all, out of everyone posting here you are closest to the reality of this sad situation.

[nidnoyham 30]

Hmm, so in truth you have some sympathy, perhaps quite a lot of sympathy, with touristman's initial sentiments? By saying that I'm not flaming you in the slightest. It's just interesting to read about how you feel, given how some of the posts in this thread developed earlier. After all, out of everyone posting here you are closest to the reality of this sad situation.

 

Yes bart, I am mad at him for not doing something years ago. It is all part of the totally helpless feeling you get, when someone has died. I started this thread to get people like him thinking more about their situation. Let some good come from it. I had no idea it would end like this.

 

Don't get him wrong, his little girl was the apple of his eye and his reason for living. Having witnessed his devotion to her in person, makes me mad at him for being so lapse in the ' keeping healthy ' department. We will all miss him too. A trip to Pattaya now, will have something missing for us.

Had I not know the man personally, I would not have posted in the way touristman did. every case is unique.

 

Once his funeral is over. it is basically the end of it for me. If asked, I will help his missus for the nippers sake, but not for hers. But that is not an area I want to go into on this forum.

Edited January 19, 2008 by nidnoyham

[LostInAmsterdam 0]

WOW what a sad story.

 

My thoughts are with his family.

 

What I don't understand is that he wanted to spend time in LOS with his daughter but why did he not sort this out for her

[nidnoyham 30]

WOW what a sad story.

 

My thoughts are with his family.

 

What I don't understand is that he wanted to spend time in LOS with his daughter but why did he not sort this out for her

 

Amen to that.

[nidnoyham 30]

The blokes at work are having a collection. They are not too keen on giving the money collected to the Thai wife. They asked me if it is possible to set up a trust in LOS for the daughter ?

 

As she is only 6yo, it could be for a few years- 12 ? Anyone know of a way of doing this ?

 

I have no idea how this would work.

[Owen` 2]

nidnoyham, talk to a bank about setting up a trust with the kid as sole beneficiary. They will know costs, etc, but you'll have to dance carefully about excluding the mom from access. Maybe let it compound until the kid is 18 and then she starts to get an income stream from it.

[nidnoyham 30]

nidnoyham, talk to a bank about setting up a trust with the kid as sole beneficiary. They will know costs, etc, but you'll have to dance carefully about excluding the mom from access. Maybe let it compound until the kid is 18 and then she starts to get an income stream from it.

 

Thanks owen,

 

I think I will stay on the sidelines for this one, being a friend of the wifes family and all that. The idea is not mine, but I do agree with the sentiment. It would be nice to appoint a Thai as the executor, but the only one I would trust, is my lady and she is the mothers cousin. There again, the men at work, may not trust her.

 

I think his first Thai wife could come into play. She is well sorted money wise in the UK and has dual passports etc. She is very fond of the little girl, so would want to help.

 

Yeah, I will put the ball in her court. Thais and money,is not my scene at all.

Edited January 21, 2008 by nidnoyham

[nidnoyham 30]

Well to conclude, the funeral went very well. Over a hundred attended, mostly from work. His ashes are to be sent to LOS for the wife to do with as she wishes.

 

I hope this episode has people thinking about the 'other side' of retirement, minus the 'rose coloured glasses'.

[LostInAmsterdam 0]

Thanks for telling this story, a wake up call to me thats for sure.

[Zidane 11]

Sorry to hear the story of this guy.It sure makes you think.

But there are probably many guys living over here who havent made provision for failing health as they get older.

Thinking about it,he could have continued living in the UK had a miserable life and died in a couple of years.

At least in Thailand he had four good years before he passed away.

And his wife may well be able to claim a one off lump sum from his pension.

Its a sad story but at least he had a pension......not living off just savings.

 

Zidane

[tom21 19]

We had a similar problem a few years back. A guy at work was killed in an accident shortly after marrying a Thai. The company could not pay her a pension, because pensions are taxed at source and to pay tax, you need a NI number, which she didn't have. In the end they paid her a one off tax free lump sum . ( which she blew in a year )

 

are you sure this is correct as i get pension from a pension fund in the uk. i have never worked in the uk or do i have a NI number nor have i paid any tax there until i got the pension. on all letters they put a emergency number as the NI number and i get paid the pension.

 

[nidnoyham 30]

are you sure this is correct as i get pension from a pension fund in the uk. i have never worked in the uk or do i have a NI number nor have i paid any tax there until i got the pension. on all letters they put a emergency number as the NI number and i get paid the pension.

 

 

I think an emergency NI, will attract an emergency tax number, making tax higher. i don't know what the company will do.

[biosludge 0]

800000 baht for bypass surgury in Thailand? That sounds awfully high. My girlfriend's mother had bypass surgury at Bangkok Hospital down in Hat-Yai, and the whole thing (including rehab) came to 160000 baht. Maybe he should shop around a bit.

Edited January 29, 2008 by biosludge

[nidnoyham 30]

800000 baht for bypass surgury in Thailand? That sounds awfully high. My girlfriend's mother had bypass surgury at Bangkok Hospital down in Hat-Yai, and the whole thing (including rehab) came to 160000 baht. Maybe he should shop around a bit.

 

 

He didn't have 160,000 either.

[nidnoyham 30]

Just found out that the deceased was not married long enough for his wife to qualify for a pension.

 

The Trustees have made a rule, that requires at least 12 months marriage for the spouse to get pension.

 

This to prevent terminally ill members marrying someone to get money from pension scheme.