Same Sex Marriage Implications

[Dodger]

One question I'm thinking about is if the person you marry is also the person you intend to leave everything to when you die, would a will still be necessary?

Good question:

A Last Will & Testament is not required by law for married people in Thailand but highly recommended to mitigate any risk associated with the typical Thai confusion...misinterpretations...language barriers, etc.

It's equally important for the Thai in the relationship to have a W&T as well naming his/hers foreign spouse as beneficiary. Otherwise, a whole cadre of Thai family members will be flocking around like scavengers.

[RichLB]

It might also be important to consider a prenuptial agreement. I checked on Google and they are legal and enforceable in Thailand.

[Gaybutton]

Thailand’s Move Forward Party to Push For Equal Marriage Law

By Adam Judd

30 May, 2023

Move Forward Party (MFP) leader Pita Limjaroenrat has pledged to advocate for the enactment of an equal marriage law in Thailand before the country hosts the prestigious WorldPride event in 2028, as part of efforts to champion LGBTQ rights and promote inclusivity.

Pita made the announcement during a publicity campaign held at the Bangkok Art and Culture Center, where he aimed to generate awareness for Bangkok Pride 2023, scheduled for June 4.

Highlighting the significance of the upcoming event, the MFP leader emphasized that it would not be limited to a single day, but feature a series of related activities aimed at fostering public understanding and acceptance of gender and religious equality. He further stressed his party’s commitment to collaborating with the Bangkok Metropolitan Administration (BMA) to host WorldPride 2028, reaffirming Thailand’s dedication to embracing diversity.

The equal marriage bill is among the 45 proposals integrated into the memorandum of understanding (MoU) recently signed by the eight coalition parties. This agreement commits the MFP government, which is yet to be formed, to prioritize the passage of these bills through parliament.

By pledging to push for an equal marriage law, MFP aims to ensure that same-sex couples have the legal recognition and rights enjoyed by heterosexual couples. Such legislation would represent a significant milestone in advancing LGBTQ rights in Thailand, fostering an environment of inclusivity and acceptance for all citizens.

The preceding is a press release by the National Thai News Bureau

https://tpnnational.com/2023/05/30/thai ... riage-law/

[travelerjim1]

YES GB

... A Probate Court Order is required to TRANSFER any asset to the heir. That's TRUE regardless of there being a Will or not. Both MUST be probated. In Pattaya it currently takes approx 6 months to get a Probate Court Order. Legal fees of 60,000 Thai baht ... Including Court fees, Attorney and documents translation Thai/English

[Gaybutton]

Thank you travelerjim1. You seem to have researched this. Regarding money, could probate be avoided if the money is in a joint account with the heir?

What about contents of the home? How does that work? When does the heir get to "clean out the closets", so to speak?

If same-sex marriage becomes a reality and you marry your heir, what happens then? Wouldn't that nullify the need for probate?

[2lz2p]

Thank you travelerjim1. You seem to have researched this. Regarding money, could probate be avoided if the money is in a joint account with the heir?

What about contents of the home? How does that work? When does the heir get to "clean out the closets", so to speak?

If same-sex marriage becomes a reality and you marry your heir, what happens then? Wouldn't that nullify the need for probate?

As Travelerjim1 mentions, there is no way to avoid probate, will or not. If there is no will (intestate), then inheritance is based on Thai law with an order of precedence. As I understand it, if married, the wife is entitled to at least 50% of the estate and if children, they inherit the rest. If a will is written, then whoever is named as beneficiary(ies) will inherit as stipulated without regard to any relationship (marriage, child, parent, etc. etc.). Both require probate and a court order (naming or confirming the Executor initially and then for distribution of assets).

Expecting my Thai partner of almost 30 years to survive me as I was 26 years older than him. I made him sole beneficiary of my Thai will. However, he passed away a year ago last November at age 52 without a Will. In his youth he did have sex with a lady (only the one time he said and I believe him as he was definitely gay) which resulted in a son.

When he got ill, I was recovering from surgery (broken hip) and in a wheelchair. His son and daughter in law had a small business here in Pattaya. They and their two children came to stay and take care of both of us. After he passed away, they continue to take care of me. I also changed my will to name his son as my beneficiary as he and his wife continue to be my care givers - without them, I would not have been able to stay in Thailand.

We hired the law firm that did my will to do my partner's probate with the courts here in Pattaya - the cost was 22,000 baht and it took 2 months to complete. As sole heir, his son was awarded all of his assets. So now a pickup and two motorcycles along with a plot of land in east Pattaya are in his son's name.

[Gaybutton]

We hired the law firm that did my will to do my partner's probate with the courts here in Pattaya

Don't keep it a secret. If you hired a good, honest, reliable, reasonably priced law firm, how about telling us the name of the firm and their contact information.

[2lz2p]

We hired the law firm that did my will to do my partner's probate with the courts here in Pattaya

Don't keep it a secret. If you hired a good, honest, reliable, reasonably priced law firm, how about telling us the name of the firm and their contact information.

The law firm is Thai888 Law - https://thai888.com/. Kelvin Bamfield, Australian, is the Managing Director. His wife Jaeb is a lawyer. She and other staff provide the legal services.

For Pattaya City Expat Club members, they charge 6,000 baht for a last will & testament - when he did mine, it was 5,000 baht (it is in English & Thai). I had them update my will as mentioned in my earlier post. For that, they charged 2,000 baht. I think their charge for a last will & testament for non PCEC members is around 10-12,000 baht.

His firm has done the probate for several PCEC members without any problems. Kelvin also provides funeral service arrangements and has handled several of those for Expats.

Their offices are in View Talay 5D, at 478/10 & 12 on the ground floor. Telephone: 080 102 8978 and Email: [email protected].

[Dodger]

A few comments on the Will:

I produced my own Will (English version) using an on-line template a few years ago. My partner Jai then translated the Thai version which is identical to the English version. After completion I had both Wills reviewed by a Thai lawyer. I got a passing grade on both Wills but was cautioned by the lawyer that in the event one of my witnesses were to pass away before me - then I would need to make new copies with a new witness signature. With that understanding it's probably a good idea to have younger witnesses - and avoid asking your boyfriends grandmother.

It's my understanding as well that the court probate process (which is required in all cases) takes about 2-3 months to complete and costs around 20,000 baht.

Remember to include a statement regarding your desired funeral arrangements in the body of the Will to eliminate any last minute confusion. Not that you'd even notice...555. My statement is very simple which is how I like things, as follows: "In the event of my death any/all decisions regarding my funeral arrangements will be made by the named Executor of this Will" (which is Jay). Plain and simple. I told Jay I wanted my ashes spread across the ocean waves in Bang Saray Bay with a Steely Dan song playing in the background. With my luck he'll end up tossing them off the balcony with one of his soap operas playing in the background...just kidding (kind of).

May we all live until we're old and grey. Wait a minute - we're already old an grey so let me rephrase that. May we continue enjoying each moment of each day until our days end. And when that time comes please make it quick, but not too quick, because I need a few minutes to destroy my porno collection.