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Has anyone recently done a Thai Will?


davidst01

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I used a lawyer in Khon Kaen about four months ago. It covers my bank assets and personal belongings in Thailand only. I basically wrote what I wanted, he wrote it in Thai and English took almost two weeks, but he claimed he was busy. Cost ฿3000

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The price you have been quoted for a basic will is way too expensive .Budget between 5 and 10,000 baht no more .You can register the completed will at the local amphur for safe keeping and  no charge  [ a small gratuity may be offered]

The 3% charge you have been quoted is if the lawyer was to be the executor of  the will the charge for seeing   that everyone of the beneficiaries you have requested  gets paid as per your wishes  is 3% of the estate. It is not a 3% fee just for drafting the will .

In your case it the lawyer was the executor he would receive 3% now and the another 3% when you died ....Ridiculous 

 

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Don't make it difficult:

After many consultations with Thai lawyers who would like to rip me off (20 Tsd up to 80 Tsd) I followed the advice of a German born lawyer in BKK

Set up a testament in the usual way. Don't mention any value, just say

"In the case I die everything I owe will go to........

or mention some assets which should go go soemone else

In the case my wife will die before me, all assets will go to me

exceptions......"

this testament will be kept by City Counsel.

It was not easy to convince that is a legal way (because they want to know everything about MONEY) but at the end he HAD to except according Thai law,

BTW you have to mention the executors

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1 hour ago, Surasak said:

It covers my bank assets and personal belongings in Thailand only.

Yes, I have 3 wills, one for Thailand, one Singapore and one for the UK. Provided it's made clear in the preamble that there are multiple wills and the jurisdiction of each is explained then you can set up one for each country where you have assets. Makes things much easier than having a single will covering assets in several countries. Any tax is paid in your country of domicile on the total value of all assets across all the wills. But the wills can be executed independently. 

 

.

Edited by Stocky
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I have made a will in Pattaya, shopped around and eventually got one done with a lawyer for 5,000 Bt. (Was quoted 4 and 5 times that elsewhere) He wasn't concerned about the value of my estate.

   Was told later that I could have got it done at city hall for about 900 Bt. 500 for writing it out and 400 for the translation from the English one that one should bring with them?

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Does TV forum carry a printable copy of the "Thai Will Form" referred too by several posters in this thread, have tried googling it and got nowhere, i am legally married to a Thai lady and did'nt think it necessary, as i have no assets in the UK other than a couple of bank accounts, and figured the death certificate in Thai and official translation would suffice for this, to transfer funds to her account, in the same bank by the way.

Sorry if i have hi-jacked the original poster, but this thread has got me concerned about what happens when i eventually fall off my perch!

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On 26/11/2017 at 6:47 AM, Mister T said:

Got mine done at the local amphur. Photocopy of the details page of my bank books, copy of passport front page and short written statement saying I leave all assets to wife. No fees and about one hour of our time.

Did you put you a request in the event of you dying in your Will, te Cremation etc and would a Death Certificate be issued with this, also was it in Thai or English ?

Anyone know where the Amphur Office is in Pattaya ?

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 Trying to charge a percentage of assets is a real scam for a lawyer. That is for underwriters who have take risk in a transaction not for lawyers who charge by the hour. Would a wealthy Thai with B1bn in assets offer to pay that guy B30 million?  I don't think so. Perhaps you should tell him your assets are only B10,000, pay him B300 and then re-draft it yourself upping the numbers. 

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35 minutes ago, jamie2009 said:

Did you put you a request in the event of you dying in your Will, te Cremation etc and would a Death Certificate be issued with this, also was it in Thai or English ?

Anyone know where the Amphur Office is in Pattaya ?

I believe that the amphur office for most of the Pattaya area is at Banglamung (just off the Sukhumvit road at Naklua, behind the Banglamung Police Station).

Here ... https://www.google.co.th/maps/place/Old+Birth+Registration+Office/@12.9762789,100.9141067,15.5z/data=!4m5!3m4!1s0x0:0x67a3fa2068219609!8m2!3d12.9767752!4d100.9138392

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That attorney is a bit dodgy. I had one done for 10000 baht and was told I was ripped off! It was not linked to the value of my assets,

Let us say a will can make it easier than no will, even though as your wife assets would usually be passed to her. One important question is whether she would have access to the finances to get to probate... a lawyer would need to take it to court and a court order issued to release bank funds. The expenses involved may exceed 50,000 baht, on top of the funeral costs.

If she is trustworthy, you may wish to set her up with access to some assets before your demise.

Edited by jacko45k
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12 hours ago, jamie2009 said:

Did you put you a request in the event of you dying in your Will, te Cremation etc and would a Death Certificate be issued with this, also was it in Thai or English

Wife and I had almost identical wills in Thai. I die first she gets it all, she goes first I get all, if we die within 90 days of each other, it all goes to the daughter. I just wanted that the two of them would not get screwed over by a long lost relative or scumbag lawer. For cremation we both nominated our local forest temple, also naming the abbot we had arranged it with.

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hello mate ...yes i made a will here last year i live in Phetchabun ..i did it at the Ampur my wife works for the government here so was able to sort out things easily ..simple as 1.2.3 cost.. 200 baht will in Thai which also included things in my Will to be left to my children in France ie  money in bank ..property ..ect  also what was to be left to my wife and son here in Thailand   ..the other cost i had was a translator to do my kids passports and i.d  also a few other docs  all done in 1 day ..i have a copy of the will the other is kept at the Ampur  all official  all  stamped no middle men no rip off merchants ... cost all up 1200 baht   note ..if you want it all translated in to your own language an official translator will be needed allow 300 baht per page   good luck mate..

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22 hours ago, Inepto Cracy said:

Pay for a proper will signed by an honest lawyer, stop laughing, there are many around. Or you can loose everything to a crooked laywer and your family will have nothing.

And what could be a proper one ?

more expensive, more proper ?

There are different ways and all will work. The only difference is price of the way you pick. Anyone advertise own way, because they need you to spend your money toward their pocket. 

Maybe you are right, but I have experienced it otherwise in Thailand. 

Edited by Foozool
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As far as I am aware there is no set format of will prescribed in Thai law. That means any format that can be verified as genuinely produced by the testator can have legal force.  You can make a formal declaration at the district office which is a reasonable choice, since the genuineness will be relatively hard to contest.  You can make a typed will signed by yourself and witnesses.  You can make an autograph (handwritten) will which doesn't need to be witnessesd, since the handwriting can be verified.  You can make your will in English and let your executor make a certified Thai translation of it later, as long as it can be proved that you signed the original.   I expect that either a will made at a district office or a Thai language will drawn up by a lawyer would be the easiest for the executor to deal with.    

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1 hour ago, Arkady said:

As far as I am aware there is no set format of will prescribed in Thai law. That means any format that can be verified as genuinely produced by the testator can have legal force.  You can make a formal declaration at the district office which is a reasonable choice, since the genuineness will be relatively hard to contest.  You can make a typed will signed by yourself and witnesses.  You can make an autograph (handwritten) will which doesn't need to be witnessesd, since the handwriting can be verified.  You can make your will in English and let your executor make a certified Thai translation of it later, as long as it can be proved that you signed the original.   I expect that either a will made at a district office or a Thai language will drawn up by a lawyer would be the easiest for the executor to deal with.    

 

1 hour ago, Arkady said:

As far as I am aware there is no set format of will prescribed in Thai law. That means any format that can be verified as genuinely produced by the testator can have legal force.  You can make a formal declaration at the district office which is a reasonable choice, since the genuineness will be relatively hard to contest.  You can make a typed will signed by yourself and witnesses.  You can make an autograph (handwritten) will which doesn't need to be witnessesd, since the handwriting can be verified.  You can make your will in English and let your executor make a certified Thai translation of it later, as long as it can be proved that you signed the original.   I expect that either a will made at a district office or a Thai language will drawn up by a lawyer would be the easiest for the executor to deal with.    

yes basically what i did it worked for me 

 

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20 hours ago, Arkady said:

As far as I am aware there is no set format of will prescribed in Thai law. That means any format that can be verified as genuinely produced by the testator can have legal force.  You can make a formal declaration at the district office which is a reasonable choice, since the genuineness will be relatively hard to contest.  You can make a typed will signed by yourself and witnesses.  You can make an autograph (handwritten) will which doesn't need to be witnessesd, since the handwriting can be verified.  You can make your will in English and let your executor make a certified Thai translation of it later, as long as it can be proved that you signed the original.   I expect that either a will made at a district office or a Thai language will drawn up by a lawyer would be the easiest for the executor to deal with.    

So do you think if we take a copy of our Aust one and get it translated to Thai and sign it in front of a witness all would be ok? Might have to change a little as have since purchased a property in Thailand.

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Everybody is just mentioning assets but a proper last will and testament is so much more when its drawn up properly.

One of the most important things to put in a will for an expat is his last wishes of how he wants his body dealt with. In many cases the family from the home country wish to transport the body home whereas the Thai family wish to have the budhist ceremony and cremation over here.

It makes things so much easier for everybody to make your own last wishes known, so just bear that in mind as well.

HL

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15 hours ago, happylarry said:

Everybody is just mentioning assets but a proper last will and testament is so much more when its drawn up properly.

One of the most important things to put in a will for an expat is his last wishes of how he wants his body dealt with. In many cases the family from the home country wish to transport the body home whereas the Thai family wish to have the budhist ceremony and cremation over here.

It makes things so much easier for everybody to make your own last wishes known, so just bear that in mind as well.

HL

The reason that assets are mentioned is that IMHO they dont normally require this in a western will, 

but it seems to be the practice here.

 

 

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On 11/27/2017 at 5:59 PM, jippytum said:

The price you have been quoted for a basic will is way too expensive .Budget between 5 and 10,000 baht no more .You can register the completed will at the local amphur for safe keeping and  no charge  [ a small gratuity may be offered]

The 3% charge you have been quoted is if the lawyer was to be the executor of  the will the charge for seeing   that everyone of the beneficiaries you have requested  gets paid as per your wishes  is 3% of the estate. It is not a 3% fee just for drafting the will .

In your case it the lawyer was the executor he would receive 3% now and the another 3% when you died ....Ridiculous 

 

Its really bad news to have a lawyer as the executor. An unwise decision

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On 11/27/2017 at 2:02 PM, jojothai said:

When i did my will a few years ago through a Bangkok local lawyer I think it only cost me several thousand baht.

I was told before that with a Thai will it is essential to declare key assets. Such as property, car etc.

Can anybody help contribute with their knowledge.

 

My Thai wife may have found this is necessary for her fathers will that she is currently trying to assist with.

I should find out in the next few days.

I have spoken to my TW and she was told by a local lawyer she knows to go to the Amphur and get the will done.

There is a lady there helping very well and has advised what is necessary.

She is getting a will done for her elderly father and mother.

 

She has been advised to declare the key assets such as land, house and vehicle. Otherwise these  can become problem disputes between family members.

Bank account info does not seem to be as critical. Distribution of money is declared and to be handled by the named executor(s) from the family.  

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On 11/27/2017 at 5:25 PM, Nuddy said:

Recently I was asked by a Thai lady to help her with obtaining clearance from the court to obtain her deceased farlang husbands assets. He left no will. She went to the provincial court with the death certificate, his bankbook, and a statement she made about his assets. She picked up a lawyer hanging around the court and in 2 hours had access by court order to all assets including the Bank account in his name solely.

I don't think it is necessary to employ a lawyer to do a will. Sure they say it must be registered at the Ampur but really, if a court will rule like it did in the example above why bother. Just write one out copied from the internet and get it witnessed. Convert it to Thai if you want, but it all seems pretty un-necessary if you just have few assets.

The court will rule.

I agree with what you say,and,as you know things in Thailand can differ per area,and on a different day, if I might just add a tiny add on to you post,what I have heard and seen is that what you say would suffice for most occasions,just best to have two 'good' witnesses,like a Doctor and another one in, say, a hospital where he/she might practice.

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  • 1 month later...

i HEAR SO  many variations of what to do/ how to file/ how to make it legal that you just give up.  

Every legal office; being actual lawyers or not will give a different story. 

 

whats the real correct way. I'm told you can make your own; signed by two thai persons; and just hang onto it.  NO lawyers or posting anywhere is required ???? 

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