Estate administration is an important process for transferring the assets of a deceased person to their heirs or legal heirs. However, in cases where the deceased is a foreigner, the situation becomes more complex, as the laws of both the deceased's country of citizenship and the country where the assets are located must be considered. This article discusses the principles and guidelines for estate administration in cases where the deceased is a foreigner.
Key factors to consider
Managing a foreigner's inheritance involves several factors to consider, including:
- The laws of the inheritor's country of origin – Each country has different inheritance laws, such as heirship laws or property laws.
- The law of the country where the property is located – Local laws affecting the inheritance of foreigners must be considered.
- Private International Law – Used as a guideline for resolving conflicts between the laws of different countries.
- Relevant Thai laws – Including the Civil and Commercial Code, Sections 1599-1755
Inheritance management process
Inheritance management can be carried out in the following steps:
1. Check the will.
- Check whether the will complies with the laws of the relevant country.
- Check whether it is applicable in the country where the property is located.
2. In the event that there is no will
- An heir or interested party may file a petition with a Thai court for the appointment of an estate administrator.
3. Division of inheritance and transfer of ownership
- The deceased's debts must be paid before the assets are divided.
- Check inheritance tax requirements in each country.
Potential problems
During the inheritance management process, there may be several problems and obstacles, such as:
| problem | details |
|---|---|
| Conflict of Laws | There may be differences between the laws of the country of origin and the country where the assets are located. |
| Restrictions on the right to own property | Some countries restrict foreigners' rights to own property. |
| Documents and certifications | The documents used must be translated and certified by the embassy or relevant agency. |
| Inheritance tax and fees | There may be different tax and fee burdens that affect the amount of assets your heirs receive. |
Approaches to reducing complexity
To ensure a smooth inheritance management process, the following should be done:
- Consult an international legal expert.
- Prepare a will that is valid in multiple countries.
- Check the legal requirements of each country in advance.
Managing an expatriate's inheritance is more complex than usual, as it involves taking into account the laws of many countries. Preparing in advance and receiving the right legal advice can help streamline the process and minimize potential legal complications.
Written by Mr. Pratthakorn Kliapuangphit