Wills For Real Estate

[Thaiquila]

I hear very conflicting info on this topic.

When a foreigner owns assets in Thailand (real estate being of the most concern usually) is a home country will OK or is a will in Thailand really needed.

I have also heard a home country will is OK but you do need to see a Thai lawyer and he can do something with it (without actually creating a will in Thailand).

I don't expect to get a definitive answer here, but I will say I do suspect a lot of the "you absolutely do need a will in Thailand if you have assets in Thailand" info is coming from people selling these services.

In other words, a vested interested in promoting this idea.

Any comments or experiences with this?

[billd766]

I hear very conflicting info on this topic.

When a foreigner owns assets in Thailand (real estate being of the most concern usually) is a home country will OK or is a will in Thailand really needed.

I have also heard a home country will is OK but you do need to see a Thai lawyer and he can do something with it (without actually creating a will in Thailand).

I don't expect to get a definitive answer here, but I will say I do suspect a lot of the "you absolutely do need a will in Thailand if you have assets in Thailand" info is coming from people selling these services.

In other words, a vested interested in promoting this idea.

Any comments or experiences with this?

I can only answer half your thread as I have no assets abroad other than my pensions which will go to my wife (make a note and confirm this).

However in Thailand my wife and I are making wills so that if I die first everything will go to her and our son. If she dies first I will be named as our sons guardian ( he will be 2 in August) so that I can stay on the land and property until I die.

Should my wife and I die together (car crash whatever) her parents will become the guardians of our son and everything will go to him. If they die before we do then everything will go to her youngest brother and he will become the guardian.

We don't want anything to go to the oldest brother and her middle brother is about 10 satang short of a baht. He is Ok on his medication but not so good off it.

If the three of us die at the same time it will all go to her youngest brother and his family.

It seems a bit complicated but that way our son is protected all the way down the line

[Thaising]

I hear very conflicting info on this topic.

When a foreigner owns assets in Thailand (real estate being of the most concern usually) is a home country will OK or is a will in Thailand really needed.

I have also heard a home country will is OK but you do need to see a Thai lawyer and he can do something with it (without actually creating a will in Thailand).

I don't expect to get a definitive answer here, but I will say I do suspect a lot of the "you absolutely do need a will in Thailand if you have assets in Thailand" info is coming from people selling these services.

In other words, a vested interested in promoting this idea.

Any comments or experiences with this?

I can only answer half your thread as I have no assets abroad other than my pensions which will go to my wife (make a note and confirm this).

However in Thailand my wife and I are making wills so that if I die first everything will go to her and our son. If she dies first I will be named as our sons guardian ( he will be 2 in August) so that I can stay on the land and property until I die.

Should my wife and I die together (car crash whatever) her parents will become the guardians of our son and everything will go to him. If they die before we do then everything will go to her youngest brother and he will become the guardian.

We don't want anything to go to the oldest brother and her middle brother is about 10 satang short of a baht. He is Ok on his medication but not so good off it.

If the three of us die at the same time it will all go to her youngest brother and his family.

It seems a bit complicated but that way our son is protected all the way down the line

Very well drafted WILL contract.

[Swelters]

I was just advised, competently I believe, that a US will is OK but it would have to be translated into Thai and processed through some court procedure, that a Thai will would therefore make things a little easier.

[Dragonman]

I was just advised, competently I believe, that a US will is OK but it would have to be translated into Thai and processed through some court procedure, that a Thai will would therefore make things a little easier.

You have been advised correctly. Legal foreign wills are acceptable in Thai Courts subject to being translated and authorised at the Ministry of Foreign Affairs. The thai translation has precedence during any queries and you should make sure your"personal representative", suggested as a good Executor to the Court, speaks thai.

"A thai will" should make things easier for your lawyer, or thai executor, but not essential.

[GuestHouse]

My wife and I have each made two wills, one each in Thailand, one each in the UK. The assets are contolled under each will according to location. Each will states 'Assets held in (Thailand/UK) are under a will in (Thailand/UK).

The reason is our exectutors in Thailand are not the same executors as we are using in the UK. ( A point worth considering).

As for pensions and wills.

If you have a private, or company pension you should speak to the trustees of the pension regarding your wishes after death. It is normally advised that your pension shall be controlled by a "Statement of Wishes" not a will - Writing your pension into your will can cause problems with, among other things 'Taxes' and 'Legal Fees' . Talk to your pension trustees about this, you could save your family a fortune - or conversly spend a fortune by not sorting this out.

[billd766]

Thaising

The wills have been drawn up but in Thai only and I will probably have to go to Bangkok to get a translation as there are not many English speakers here in my village let alone translators.

Thanks again Guesthouse for the info below.

I really must take my thumb out of my ... and do it this week.

As for pensions and wills.

If you have a private, or company pension you should speak to the trustees of the pension regarding your wishes after death. It is normally advised that your pension shall be controlled by a "Statement of Wishes" not a will - Writing your pension into your will can cause problems with, among other things 'Taxes' and 'Legal Fees' . Talk to your pension trustees about this, you could save your family a fortune - or conversly spend a fortune by not sorting this out.

[Old Man River]

I was just advised, competently I believe, that a US will is OK but it would have to be translated into Thai and processed through some court procedure, that a Thai will would therefore make things a little easier.

You have been advised correctly. Legal foreign wills are acceptable in Thai Courts subject to being translated and authorised at the Ministry of Foreign Affairs. The thai translation has precedence during any queries and you should make sure your"personal representative", suggested as a good Executor to the Court, speaks thai.

"A thai will" should make things easier for your lawyer, or thai executor, but not essential.

Dragonman, does it go the other way? If you have a Thai Will in English language and if you have assets in another country (US in my case), can you file the Thai Will and have it enforceable in the other country? I realize it might depend on which other country, so would you happen to know as it pertains to the US?

Thanks.

[Dragonman]

I was just advised, competently I believe, that a US will is OK but it would have to be translated into Thai and processed through some court procedure, that a Thai will would therefore make things a little easier.

You have been advised correctly. Legal foreign wills are acceptable in Thai Courts subject to being translated and authorised at the Ministry of Foreign Affairs. The thai translation has precedence during any queries and you should make sure your"personal representative", suggested as a good Executor to the Court, speaks thai.

"A thai will" should make things easier for your lawyer, or thai executor, but not essential.

Dragonman, does it go the other way? If you have a Thai Will in English language and if you have assets in another country (US in my case), can you file the Thai Will and have it enforceable in the other country? I realize it might depend on which other country, so would you happen to know as it pertains to the US?

Thanks.

State laws in the US make the matter of "last will and testament" a minefield, which I am sure a great number of American lawyers greatly appreciate Depending on your home State, most accept thai wills as long as they don't breach State legislature. It would undoubtedly be best to employ an American Law Firm based in Thailand to draft the will however.

[Old Man River]

I was just advised, competently I believe, that a US will is OK but it would have to be translated into Thai and processed through some court procedure, that a Thai will would therefore make things a little easier.

You have been advised correctly. Legal foreign wills are acceptable in Thai Courts subject to being translated and authorised at the Ministry of Foreign Affairs. The thai translation has precedence during any queries and you should make sure your"personal representative", suggested as a good Executor to the Court, speaks thai.

"A thai will" should make things easier for your lawyer, or thai executor, but not essential.

Dragonman, does it go the other way? If you have a Thai Will in English language and if you have assets in another country (US in my case), can you file the Thai Will and have it enforceable in the other country? I realize it might depend on which other country, so would you happen to know as it pertains to the US?

Thanks.

State laws in the US make the matter of "last will and testament" a minefield, which I am sure a great number of American lawyers greatly appreciate Depending on your home State, most accept thai wills as long as they don't breach State legislature. It would undoubtedly be best to employ an American Law Firm based in Thailand to draft the will however.

Thank you very much for the advice.

Best regards.