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Why should you have a Thai Will?
Why should you have a Thai Will? This was the question
that was answered at the Sunday, September 22 meeting of the Pattaya City
Expats Club. Lyndsey Rowe, Senior Client Adviser for MBMG Group Co. Ltd.,
provided an interesting overview of the need for creating a Thai Last Will
and Testament along with a brief mention about Living Wills.
Lyndsey Rowe, Senior Client
Adviser for MBMG Group Co. Ltd., provided an interesting overview of the
need for creating a Thai Last Will and Testament to PCEC members and guests
on 22 September, along with a brief mention about Living Wills. Living Wills
are documents to be left to detail what arrangements are to be taken if you
are hospitalised & ‘non compus mentus’ (Not of sound mind) i.e. incapable of
making rational decision re how much effort should be taken to keep you
alive - ‘No Extraordinary Measures’ ‘Do Not Resuscitate’ etc, etc.
Lyndsey is a Welshman and holds an International
Certificate for Financial Advisors and started his present career path in
1990 in the UK. He spent six years in Dubai and nine years in Cyprus as a
Financial Consultant. He has been in Thailand for two and a half years with
MBMG Group (a company that has been operating in Thailand since 1995 and
manages assets of $180 million). MBMG has offices in Bangkok (headquarters),
Pattaya, Phuket, Hua Hin, Singapore, and Malaysia. Lyndsey is based here in
Pattaya.
He started by mentioning that everyone needs a Will. Further, if you are
married with children, a couple living together or even just single, it is
vitally important that you have an up to date Last Will & Testament in
place. Some people forget to update their Wills which means they could be
contested, which will cause serious delays, and your assets could wind up
going to people you did not want them to. He also emphasized that it is very
important to have a Will for your assets in Thailand and another one for
what you own overseas.
Lindsey answered many questions
for the PCEC crowd, who for some reason showed particular interest in the
topics of Wills and Living Wills.
He said some of the reasons you need a Will is to allow
you to decide who benefits from your estate, on the guardianship of your
children in Thailand, and to avoid any unnecessary dispute between your
family in Thailand and your relatives elsewhere. He also suggested you name
one or more local people you trust to carry out your wishes as executors; by
naming more than one, it eliminates giving this authority to solely one
person. He also mentioned that having person(s) locally as executors will
help to avoid delay in Thailand probate proceeding and noted that for an
expat it would be difficult for someone to do from another country. For
simple uncontested wills, he said probate could take up to 6 months, but
would not necessarily take that long. If the Will is more complex or is
contested, the probate could take from 6 months to several years.
If you do not have a Thai will to cover your assets in Thailand, he
explained that your assets will be distributed in accordance with Thai law,
which in order of priority will be; (1) Spouse (50%) and children (equal
share of residue); (2) Parents; (3) Brothers and Sisters of full blood; (4)
Brothers and Sisters of half blood; (5) Grandparents; and (6) Uncles and
Aunts. If you die without a Will and have no relatives as listed in the law,
then all your assets will go to the State.
He mentioned that for a foreigner who owns real estate through a Thai
Company, it will be shares in the company instead the actual real estate
that will be passed on to your beneficiaries; which will require various
legal documents to accomplish. Also, under Thai law, if you have a leasehold
interest in property, you need to take the added step to include a
succession clause in the lease that allows you to assign your rights under
the lease to your beneficiaries; otherwise, the lease agreement will be
terminated once the lessee dies. But he mentioned that you should still make
a Thai Will to make clear your intention to pass on such rights to your
loved ones.
Board Member Roy Albiston
conducts the Open Forum part of PCEC’s Sunday morning meetings, following
the main speaker, when you may find answers to the many mysteries one
encounters living in the ‘Land Of Smiles’.
Lyndsey briefly mentioned Living Wills, which are
instructions given by individuals specifying what actions should be taken
for their health in the event that they are no longer able to make decisions
due to illness or incapacity, and appoints a person to make such decisions
on their behalf. They are recognized in Thailand, but need to conform to
Ministerial Regulations that were adopted in 2010. However, he did say that
it is up to the hospital to recognize such a will and follow its
instructions.
He concluded by noting that his company, MBMG has a Will writing service,
which involves obtaining necessary information, explaining the various
ramifications, submitting everything to their Thai legal staff who will
prepare a draft in English. He will then go over the draft with you for any
changes that may be needed. The final will be in English, but there will
also be a copy translated into Thai. Lyndsey noted that a Will only in
English is acceptable in Thailand, but would still have to be translated
into Thai for probate proceedings. After answering many questions, he said
that if anyone wanted to contact him for further information, they could
call him at 082-201-2314 or email [email protected].
After Lyndsey’s presentation, Master of Ceremonies Richard Silverberg
brought everyone up to date on upcoming events and then called on Roy
Albiston to conduct the always informative Open Forum; where questions are
asked and answered about Expat living in Thailand.
For more information about the Club’s activities, visit their website at
www. pattayacityexpatsclub.com.
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Pattaya Arunothai School celebrates 41 years
Students gather to help celebrate
their school’s 41st anniversary.
Warunya Thongrod
Pattaya Arunothai School celebrated its 41st anniversary with a
merit-making ceremony.
Nongprue Deputy Mayor Suwat Rachotwattanakul and Principal Wongporn Jandech
joined area 100 students and teachers in celebrating the Sept. 20 anniversary.
The school invited nine monks from Chonglom Temple to perform religious
ceremonies and sprinkle holy water on executives. Lunch followed, along with a
presentation of robes and necessities.
After the ceremony, school officials and politicians lined up for a friendly
game of football.
Arunothai School was founded by Bunsuan Nongyai on Sept. 20, 1972 with Suwat
Nongyai serving as principal. In 1994, Suwat took over as licensee and, in 2005,
Waraporn was appointed as principal. The school offers classes from kindergarten
to Mattayom 3.
Amari Orchid runs blood
drive for Sriracha hospital
Latiporn Tongkhunna (center), executive assistant
manager of Amari Orchid Pattaya, with employees and members of Banglamung Red
Cross give thumbs up to donating blood for the Queen Savang Vadhana Hospital.
Warunya Thongrod
More than 100 Amari Orchid Resort & Tower employees helped Queen Savang
Vadhana Memorial Hospital prepare for year-end holidays by donating blood.
Executive Assistant Manager Latiporn Tongkhunna led the parade of hotel workers
to the Sept. 18 event. The Banglamung Red Cross collected 29,750 cc of blood for
the Sriracha hospital’s blood bank.
Queen Savang representatives said the blood will be stored in preparation for
the “seven dangerous days” surrounding New Year’s Day, a period that
traditionally sees a large number of vehicle-related accidents. In all, 105
people contributed 83 units of blood for the reserve.
French ambassador visits Pattaya Orphanage
French Ambassador H.E. Thierry Viteau and his aides
pose for a fun group photo with children and administrators of the Pattaya
Orphanage.
Katharina Hösler
France’s ambassador to Thailand brought gifts for children and offers of
assistance to administrators during a visit to the Pattaya Orphanage.
H.E. Thierry Viteau and his aides met with Director Rev. Michael Weera Phangrak
and Human Help Network Thailand head Radchada Chomjinda Sept. 18. Viteau also
was welcomed by HHN Germany President Ewald Dietrich, two French volunteers and
orphanage donor Jean Gral.
The ambassador brought presents for the orphans, as well as children visiting
for the day from the Child Protection & Development Center and Sotpattana School
for the Deaf.
Administrators led the ambassador on a tour while reviewing plans for
development and future projects.
Viteau also reaffirmed the embassy’s support in the pursuit of pedophiles after
a French national was caught and deported back to France. HHN cooperated with
Thai police in safeguarding four abused boys.
The ambassador pledged to return when the CPDC opens a new office building
funded by a French donor.
French Ambassador Thierry Viteau (center, holding water
cup) visits a learning room at the orphanage.
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Pattaya Sports Club, Jesters and YWCA help children to see the light
The children wait patiently.
William Macey
It is difficult to imagine the problems that children face when they are unable
to read a notice board, signpost or see traffic clearly that is approaching to
enable them to cross the road safely - a problem that we have all experienced in
Pattaya when trying to cross 2nd Road - for that is the situation that many
underprivileged children find themselves in. It is estimated that up to 33% of
children in Thailand have visual problems such as short sightedness and, perhaps
unknowingly to themselves or family, need urgent help in this area.
Of particular concern is the fact that poor eyesight effects a child’s learning
ability and can lead to headaches and fatigue, for they may be embarrassed to
admit that they are unable to see what the teacher has written on the board. The
child falls behind other students, does not want to go to school and eventually
fails to return to complete their education. Many families cannot afford to have
their children’s eyes tested and certainly cannot afford to buy prescription
glasses, so the problem does not go away, and instead gets steadily worse.
Woody, Bernie and William also wait patiently for the
festivities to begin.
In 1993, Dr Panat set up the Eye Glass Bank which has since been pursued locally
by Dave Anderson, a retired American pilot, to provide children with eye glasses
- free of charge. In the last 2 years Pattaya Sports Club, Jesters and YWCA have
accepted this responsibility and arrange for the children at 4 schools, each
year, to have their eyes tested and suitable glasses are made where necessary
again - free of charge. The teachers select the students that show signs of
requiring an eye test and out of 400 children tested this year, 274 needed
glasses, some urgently. The glasses vary in design and colour and are suitable
for both boys and girls.
Receiving the glasses is eagerly anticipated by the children and the
presentation is enjoyed by representatives of Pattaya Sports Club, Jesters and
YWCA. So off we went in a convoy of cars to these remote schools set apart from
the activities around Pattaya.
We all had a happy sense of achievement and were rewarded with broad grins when
the children use their glasses for the first time and realise what they have
been missing and how much easier life will be in future and more children will
benefit next year.
Woody accepts a thank you letter.
The children now have their glasses.
A thank you to William and Woody in English.
Jesters, PSC and YWCA together make the handover.
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