Thursday 16 August 2012

Estate Planning for Expats in Thailand -Top Ten Tips


Estate Planning in Thailand



By Joe Lynch, Accredited Australian Family Law Specialist
Lanna Lawyers, Chiang Mai, Thailand
Email: lynchlaw.net.au@gmail.com









“Estate planning is not difficult it's just common sense”

Estate planning is the process of anticipating and arranging for the disposal of your estate. Estate planning typically attempts to eliminate uncertainties over the administration or probate and maximise the value of the estate by reducing taxes and other expenses. Guardians  or Controllers of Property are often appointed for infant children and beneficiaries who have an incapacity.

Estate planning often involves preparation of the will, establishment of trusts, beneficiary designations, drafting powers of appointment, consideration of property joint ownership (joint tenancies with rights of survivorship, tenancies in common where the deceased's interest passes in accordance with the by or in accordance with the rules of intestacy where the deceased dies without a will ), gifts, and powers of attorney, specifically the enduring financial powers of attorney and the enduring medical powers of attorney or guardianship appointment.  You should be aware that the creation of trusts both during one's lifetime or by will are not permitted under Thai law although usufructs (a trust by any other name) are.


Top 10 Estate Planning Tips for Foreigners Living in Thailand


1.     Review your existing estate planning strategies in light of advice from qualified lawyers and accountants in your home country before acquiring assets or entering into a relationship or marriage in Thailand.

2.     Seek professional legal advice as to the possibility of entering into a binding prenuptial agreement or other binding financial agreement prior to entering into a marriage or relationship in Thailand.  The protection available under prenuptial agreements in Thailand is very limited and it may be more appropriate to enter into an agreement under the law in your home company and excluding jurisdiction of the courts in Thailand.  Each case is different and specialist advice is crucial.

3.     Review your will in your home country upon the moving to Thailand and prior to entering into any relationship or marriage in Thailand.  Your will should be reviewed regularly on any significant change in your circumstances.  Ensure that any new will made in your home country does not revoke your Thai will.

4.     If you acquire assets in Thailand, even bank accounts or personal property, make a will in Thailand dealing with your Thai assets only and which accurately reflects your testamentary wishes in respect of those assets.  You should ensure that your Thai will does not revoke any will made in your home country and you should review your Thai will on any significant change in your circumstances in Thailand.

5.     Put in place Powers of Attorney so as to allow both your Thai assets and your foreign assets to be dealt with on your behalf in the event of illness, incapacity or unavailability.  Usually this would involve separate Powers of Attorney in each country.  Where possible the Powers of Attorney should be enduring Powers of Attorney so as to permit your assets to be dealt with in the event of your incapacity and, if possible, deal with the power to make decisions concerning medical treatment decisions.  Under the laws of some countries an enduring Guardianship Appointment may be more appropriate.

6.     If you propose to acquire assets, typically real estate, in the name of your Thai wife or partner take steps to ensure that you were are adequately protected by use of a Thai limited company, usufruct interest, registered mortgage, registered lease or other appropriate asset protection strategy.  Seek professional legal advice as to an appropriate strategy.

7.     If assets in Thailand, typically real estate, are to be held in the name of your Thai wife or partner ensures that she has in place a valid will which protects your position.  In any event make sure that you are fully aware of your entitlement, if any, under the laws of inheritance in Thailand.

8.      Obtain professional advice in respect of any relevant Family Provision legislation which is applicable in your home country and take any appropriate steps to protect your estate against a claim which is not in accordance with your testamentary wishes.

9.     Ensure that your relatives in Thailand are aware of your wishes as to burial, cremation and funeral arrangements and ensure that adequate funds are available to meet expenses.

10.  Make sure that copies of all relevant financial documents including your wills are in the possession or control of those who should have access to them in the event of your death.

Remember that estate planning is usually not difficult it's just plain common sense.

Lanna Lawyers provides a free phone consultation service to allow you to identify what estate planning strategies should be put in place to meet your personal needs.  We have access to professional lawyers qualified to practice in most Western countries who can advise you as to the relevant law in your particular home country.


See also

Making a Will in Thailand
Inheritance in Thailand









                                                                                         
                                                            

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