ThailandArranging for the English Grant of Probate to be resealed in Thailand
An English or other foreign Grant cannot be resealed in Thailand, and so it is necessary to apply for a fresh Grant to be issued in Thailand. Apparently it is not unusual for someone to have applied for a Grant in Thailand and not tell the family members who are based overseas from Thailand, so this should be investigated first. In which case we will need to know:
(1) Is there any evidence that someone has already applied for a Grant in Thailand?
(2) Are there any assets or monies remaining in Thailand?
(3) Does the person who has already applied for a Grant in Thailand meet the local legal requirements for inheriting the assets of the estate (what does the Will say)?
(4) Are there any problems concerning the identity of the assets or title to the same?
In order to apply for a fresh Grant in Thailand the following documents and information are required for a Thailand Probate Action:
(a) Death certificate;
(b) Copy of each Executor’s passport;
(c) A List of relatives (essentially spouse, children, brothers, sisters);
(d) Consent of relatives for the Executor to act on their behalf;
(e) Power of Attorney from the Executors / relatives in favour of the local Thailand lawyer (which they will prepare);
(f) A List of assets;
(g) Marriage certificate and divorce certificate of the deceased;
(h) Birth certificates of the children of the deceased;
(i) Certified copy of the English / Foreign obtained Grant.
If any Thai assets are registered in joint names (including that of the deceased) then a Thai Court Order will have to be obtained to make any changes in the joint registration (in other words in Thailand the surviving joint owners do not automatically inherit the underlying jointly owned assets). This is particularly the case for jointly owned bank accounts where a court order authorising any change must be obtained.
Also for any changes to be made in any official Thai Registry of property (such as real estate – and whether for a sale or a lease), the production of the deceased’s death certificate is not of itself sufficient. Any change in such official registration particulars requires the appropriate Thailand court order.