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Do we need a Last Will and Testament in Thailand?

Legacy Phuket Gazette

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With the growing number of people retiring in Thailand, our firm has received several inquiries for a Last Will and Testament. The primary question that we receive is, “Do I need a will?”

What does a Last Will and Testament do?

The purpose of a Last Will and Testament is to direct funeral arrangements, determine property distributions, assign a guardian to a minor, guide the payment of debt, and appoint a personal representative. Without a Will, the courts will appoint someone to do those tasks.

A Last Will and Testament ensures that your property is distributed to the person who you want to benefit, and not to anyone else.

Thailand like almost all jurisdictions has a default property distribution for your remaining property if you have not left a will. If you die without a will, your remaining property will devolve to your statutory heirs.

There are six classes of statutory heirs for the property of a person who dies without a will:

1. Descendants (children)
2. Parents
3. Brothers and sisters of full blood
4. Brothers and sisters of half blood
5. Grandparents
6. Uncles and Aunts

If the deceased has a spouse and there are no other heirs, the spouse is entitled to all of the property. If there is a spouse and heirs, the spouse is entitled to half of the deceased’s property. If there are no spouses and only heirs, the heirs will be entitled to all of the deceased property. If there are no heirs and no spouse, the state will take over the property.

Do I need to execute a Last Will and Testament in Thailand?

The question of whether a person needs a Last Will and Testament is personal to that individual. If the individual is not married, does not have family, and has no property, then a will may be of little value when they pass away. However, if an individual is married, has minor children from a previous relationship, and a large amount of property, it is prudent to prepare a Last Will and Testament.

The Last Will and Testament should be made according to Thai law if the individual has property or large financial accounts in Thailand. If the deceased’s personal or real estate is located in Thailand, the property will have to go through Thai probate for title to the property to be transferred.

For a Last Will and Testament to be valid in Thailand, the will must be dated and signed by the testator in the presence of at least two witnesses who certify that the testator signed the will. The witnesses cannot be the spouse or anyone who will receive a distribution. While the will is not required to be notarized or registered, it may be prudent to do so. The Last Will and Testament can be filed publicly or privately sealed with the local amphur.

Different jurisdictions also have different requirements in the drafting and signing of a will. If the property is in multiple jurisdictions, it is prudent to ensure that the will meets the minimum requirements of all the jurisdictions. The Last Will and Testament can be written in any language but will have to be translated into Thai when submitted in probate court in Thailand.

To ensure that the Last Will and Testament complies with the legal requirements in Thailand, the document should be reviewed by a Thai attorney who is experienced in handling such matters. It is too late to ensure compliance when the testator has passed away.

Robert R Virasin is a licensed US Attorney and managing director of Virasin & Partners. Yutthachai Sangsirisap is a licensed Thai Attorney. They can be reached at [email protected] virasin.com or at www.virasin.com.

Robert R Virasin

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Archiving articles from the Phuket Gazette circa 1998 - 2017. View the Phuket Gazette online archive and Digital Gazette PDF Prints.

World

The World’s 50 Best Foods… Thai massaman curry tops the list

Maya Taylor

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PHOTO: Young Sok Yun on Flickr

The humble Thai massaman curry has topped a list of the World’s 50 Best Foods, compiled by the CNN Travel team. Thailand’s smooth coconut milk and potato-based curry (add meat, tofu or vegetables of your choice) comes in at Number 1, with 2 other popular Thai dishes also making it into the World’s Best food list.

The hot and spicy shrimp/prawn soup, Tom Yum Goong, comes in at Number 8, with papaya salad, aka somtam, in 46th place (mai phet please!) Tell us your favourite Thai dish, and why, in the comments section (below).

CNN Travel says its staff conducted extensive research on global cuisine to find the 50 best dishes ever created. Nice work if you can get it…

Italian pizza, Mexican chocolate, Japanese sushi, Chinese Peking duck, Penang Assam laksa, Malaysia and German Hamburger also top the delicious list.

Here’s what the writers had to say about the 3 Thai dishes that made the top taste grade…

First Place, Massaman curryEmphatically the king of curries, and perhaps the king of all foods. Spicy, coconutty, sweet and savoury. Even the packet sauce you buy from the supermarket can make the most delinquent of cooks look like a Michelin potential. Thankfully, someone invented rice, with which diners can mop up the last drizzles of curry sauce. “The Land of Smiles” isn’t just a marketing catch-line. It’s a result of being born in a land where the world’s most delicious food is sold on nearly every street corner.

Eighth Place, Tom Yum Kung

This best food Thai masterpiece teems with shrimp, mushrooms, tomatoes, lemongrass, galangal and kaffir lime leaves. Usually loaded with coconut milk and cream, the hearty soup unifies a host of favourite Thai tastes: sour, salty, spicy and sweet. Best of all is the price: cheap.

The World’s 50 Best Foods... Thai massaman curry tops the list | News by The Thaiger

PHOTO: Richard Lee on Flickr

46th Place, Som Tam/Papaya salad

To prepare Thailand’s most famous salad, pound garlic and chilies with a mortar and pestle. Toss in tamarind juice, fish sauce, peanuts, dried shrimp, tomatoes, lime juice, sugar cane paste, string beans and a handful of grated green papaya. Grab a side of sticky rice. Variations include those made with crab (som tam pu) and fermented fish sauce (som tam pla ra), but none matches the flavour and simple beauty of the original.

The World’s 50 Best Foods... Thai massaman curry tops the list | News by The Thaiger

PHOTO: www.needpix.com

SOURCE: Thai Residents | CNN Travel

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Protests

K-Pop fans show their support for the young Thai protesters, donate 3 million+ baht

The Thaiger

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K-Pop fans show their support for the young Thai protesters, donate 3 million+ baht | The Thaiger
PHOTO: Fan-funded 'happy birthday' signs around Thailand's BTS and MRT station

Art meets politics again, this time with hundreds of thousands of K-Pop fans raising funds in support of the growing student protest movement in Thailand. So far they’ve raised more than 3 million baht (as of 10am this morning) but the amount is rising quickly as Thai and overseas K-Pop fans respond. The most popular band in Thailand at the moment is BTS, the South Korean septet which is currently the most popular band in the world (as of today BTS commands the Number 1 and Number 2 positions on the US Billboard singles chart).

BTS fans have so far been the largest contributors donating funds to the protest cause.

The BTS Thailand page, not to be confused with the BTS Skytrain, is urging K-pop fans to stop the practice of paying for billboards in support of their favourite idols and to celebrate the birthdays of the 7 members. RM, Jin, Suga, J-Hope, Jimin, V and Jungkook issued a statement on their fanpage asking fans to stop funding the BTS and MRT “inconvenienced protesters and normal citizens from getting home and putting them in danger”.

Bangkok’s two main rail systems were closed down over the weekend as police and protesters played a cat and mouse game. The protesters were withholding the announcement of protest locations to the last minute whilst police second-guessed their moves, ending up in mass inconvenience for the wider public in shutting down the entire network, including the Airport link.

“We’re calling Armys and other fans to stop buying ad projects with the BTS and MRT.” (“Army” is the name of BTS fans.

Fans of K-pop groups as well as other “idol” groups often pool their resources to purchase display ads in the MRT and BTS stations wishing their stars happy birthday or on other significant anniversaries.

It’s thought that many more millions of baht will be raised by the K-Pop fans in the next few days.

The young Thai protesters are tapping into a strong social media network, and have “weaponised” the social media and messaging platforms. The main App they are now using, to communicate their intentions, is “Telegram”, developed by a young Russian couple but now operating out of Germany. The App features encypted messages, impossible to track, and has 400 million monthly active users.

Telegram is a cloud-based instant messaging, video telephony and voice over IP service with end-to-end encryption for secret chat only, whereas Cloud chat uses client-server/server-client encryption and its messages are stored encrypted in the Telegram Cloud – Wikipedia

Meanwhile, other K-Pop acts that have mobilised their fans win support include Girls’ Generation, GOT7, NCT, WannaOne, Nu’est, X1, Day 6, Red Velvet, MonstaC, Woodz, Shinee, Super Junior and R1se. We’re sure the fans of Black Pink are also contributing but didn’t have their figures available at the time of publishing. Fans of popular Thai actors and celebrities are also donating to the pool.

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Property

Thailand’s property market waits for an end to Covid-19

The Thaiger

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Thailand’s property market waits for an end to Covid-19 | The Thaiger

The Coronavirus outbreak poses challenges for Thailand’s property market as potential Chinese condominium buyers remain stranded in China. Meanwhile, some believe that the outbreak may bring opportunities for non-Chinese buyers and in the long-run, the Chinese may be looking for an overseas refuge in the event of these types of emergencies popping up again

Through all this, there will be a certain level of pent up demand for Thai real estate.

Of course, it’s not just the Chinese unable to come and inspect potential buys, the rest of the world is also mostly shut out of Thailand.

Market remains weak

The pandemic is hurting the condominium market as Chinese nationals were accounting for half of the international buyers in Thailand, or 57.6% of the total foreign condo owners in 2018.

Vichai Viratkapan, acting director-general of the Real Estate Information Centre says that 50% of Chinese condo transfers are expected to disappear in the first 2 quarters of this year and the total transfer value by the Chinese will miss the mark of the usual 29 billion baht by about 25% (around 7 billion).

However, since Chinese property buyers only make up 6% of the total international and domestic housing transfers in Thailand, the proportion of total housing transfers in the country is likely to be similar to last year.

Developers looking to sell current stock whilst shelving new projects

CBRE reports that most Thai developers are postponing the launch of new condo projects to focus on clearing existing stock.

“Discounting completed projects to generate quick revenue as a financial lifeboat is the best solution for many of the country’s larger developers whilst the market is in limbo.”

Rathawat Kuvijitrsuwan, head of CBRE Research and Consulting in Thailand believes that, now business is gradually recovering, a few developers have started to launch new condominium projects.

“In the first half of 2020, the Bangkok condominium landscape was gloomy with fewer than 10,000 condominium units launched, which was much lower than the total number of new launches in the past three years of more than 60,000 condominium units per year.”

The Chinese are reluctant to complete transfers

The virus has continued to affect hospitality operators, including hotels and condominiums that service tourists, nationwide. Since China has suspended tours, put restrictions on movement, and locked down cities, home to over millions of people, it also poses a threat to real estate developers as their clients are unable or unwilling to fly.

“Currently multiple off-plan condominium developments are approaching completion, and Chinese clients are unable or unwilling to transfer. Chinese clients who made a reservation in Q4 2019 are requesting a refund and withholding their investment,” said Marciano Bijmohun, Business Development Director at FazWaz Property Group.

He believes every condominium that is in transfer status will see the percentage of non-transfer units rise in the coming months.

“These non-transfer units will cause a big financial hit to developers.”

If a client refuses to transfer, does not comply with the terms and conditions stipulated in the sales and purchase agreement, and decides to release the property, their deposits will be forfeited.

“However, there is some good news, these non-transferred units can be offered with a discount to new clients.”

Also, as China has been susceptible to a few disease outbreaks – from bird flu to the current coronavirus – it may prompt Chinese buyers to look for second homes outside of China.

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