Hello, inquiring about a making will, for my Thai wife who resides in Thailand.I am from Australia and have some assets , insurance there etc. Do I need to make a will in both countries ? for her to obtain my assets, ok not sure how it works. Cheers

 

You need to make a will in Australia for any assets you wish to leave in Australia, and make a will in Thailand for any assets you wish to leave in Thailand, providing you legally own what you have in Thailand.

 

Cost to make a will in Thailand, usually 10000 baht.

I have two wills, one for Thailand and one for USA.  A caution, it is common practice for attorneys to put a sentence in a will that cancels all previous wills - when making my will here in Thailand, my attorney advised that it should not be included as it would, in effect, cancel my previously made will in USA.

If you go to your Tessaban's Legal Department you can get a will legalised at a nominal charge. Using a local lawyer could result in over-pricing.

45 minutes ago, soisanuk said:

I have two wills, one for Thailand and one for USA.  A caution, it is common practice for attorneys to put a sentence in a will that cancels all previous wills - when making my will here in Thailand, my attorney advised that it should not be included as it would, in effect, cancel my previously made will in USA.

 

 

The two Wills can be cross-referenced......just need to remember that if making subsequent changes.

 

It is likely that the OP will have minimal assets in Thailand and a simple Will should cost well under 5,000 Baht.

As with many other countries in the world if you die without leaving a Will 'Intestate' Rules apply therefore dependent on the value of your Thai assets you may not want to spend money on a Will see https://www.thailandlaw.org/intestate-succession-in-thailand.html

1 hour ago, soisanuk said:

when making my will here in Thailand, my attorney advised that it should not be included as it would, in effect, cancel my previously made will in USA.

Would USA law recognise that cancellation ?

Where do you live in Thailand? 

 

PM me ( you might be miles away ) 

 

I know of an excellent law firm that will sort everything out . 

3 minutes ago, peterb17 said:

Where do you live in Thailand? 

 

PM me ( you might be miles away ) 

 

I know of an excellent law firm that will sort everything out . 

And because the law firm is so excellent you can't just post it here?

7 minutes ago, jackdd said:

And because the law firm is so excellent you can't just post it here?

Listen you total Pratt - I have a suspicion it’s not allowed under forum rules. 

 

What about if assets in Australia are to be left to the Thai end ?

Will (excuse the pun) the Oz end honour that ?

It is best to have a will in Australia and a will here. Also,  the Thai will should be translated independently into English and crosschecked to ensure both wills are saying the same thing.

From memory, the lawyer that did my Thai will cost 6000 baht. A well-known legal firm here wanted to charge me 25,000 baht. Couldn't resist - I asked them if that was farang price or Thai price.

9 minutes ago, natway09 said:

What about if assets in Australia are to be left to the Thai end ?

Will (excuse the pun) the Oz end honour that ?

 

 

It is a legal Will....

 

Your executor will obtain probate and distribute assets to the named beneficiary. It is irrelevant whether they are in Thailand or Timbuktu.

1 minute ago, Jip99 said:

 

 

It is a legal Will....

 

Your executor will obtain probate and distribute assets to the named beneficiary. It is irrelevant whether they are in Thailand or Timbuktu.

So what happens when there is an Australian executor for the Australian assets, and a Thai executor for the Thai assets? IMHO the location is then very relevant.

2 hours ago, soisanuk said:

I have two wills, one for Thailand and one for USA.  A caution, it is common practice for attorneys to put a sentence in a will that cancels all previous wills - when making my will here in Thailand, my attorney advised that it should not be included as it would, in effect, cancel my previously made will in USA.

your attorney is nearly correct.  your Thai Will should state that it applies to only your Thai assets, and your Australia Will only applies to your Australia assets.  The cancellation clause should be included in both Wills, but should clearly state it only applies to that particular country.

37 minutes ago, peterb17 said:

Listen you total Pratt - I have a suspicion it’s not allowed under forum rules. 

 

not sure who the prat is here, as it is spelt PRAT.   ha ha

I have a will in Oz and here in Thailand, each will I have stated only for my possessions in respective countries, also stated they do not override or cancel each other out, good lawyer here in Pattaya can draw up a will for no more than 5000 thb, anymore there definitely having a lend of you. 

Don't make yourself worth more dead than alive.

A common mistake Foreigners make here with Thai women and wills.

I hate to jump thread but I don't know how to make a new personal posting ...

A few years ago I had a Will drafted in Singapore by a local lawyer naming my TGF as sole inheritor of my Euro Citibank account there. I paid extra to have it registered by the SIN ad hoc officiality. Note that I had to go to SIN to sign the Will in presence of two witnesses.

The original is with me here in Thailand but I know that the lawyer has kept a copy of my signed Will.

Now the wheel has turned and my TGF and I are going our separate ways and I want to disinherit her.

Easy enough to destroy the original but what if she shows up to that lawyer (easy to find with the state registration) and claim that the copy he has is to be acted on before I have time to make a new Will?

Yes, I know, first step will be to write the lawyer to request cancellation of that Will but that will no doubt involve my going to SIN to do that in person so there will be a delay.

Just curious. I've been wondering about that for the past couple days.

Edited May 25, 20188 yr by jayceenik

2 hours ago, Lacessit said:

So what happens when there is an Australian executor for the Australian assets, and a Thai executor for the Thai assets? IMHO the location is then very relevant.

 

Wrong.

 

 

The beneficiary’s location remains irrelevant.

 

The only thing that is relevant is the location of the asset.

2 hours ago, nickmondo said:

your attorney is nearly correct.  your Thai Will should state that it applies to only your Thai assets, and your Australia Will only applies to your Australia assets.  The cancellation clause should be included in both Wills, but should clearly state it only applies to that particular country.

 

Wording I have seen is along the lines of.....”This is my last Will and testament relating solely to my assets in Thailand. I have executed a separate Will dated xxyyzz relating to my Australian assets.

 

Very often the notes accompanying a Will are as useful as the Will itself.

32 minutes ago, Jip99 said:

 

Wrong.

 

 

The beneficiary’s location remains irrelevant.

 

The only thing that is relevant is the location of the asset.

My mistake - I thought you were referring to the executor's location. Senior moment.

Edited May 25, 20188 yr by Lacessit

8 minutes ago, Lacessit said:

My mistake - I thought you were referring to the executor's location. Senior moment.

 

 

No problem........ I have them all the time...?

2 hours ago, nickmondo said:

not sure who the prat is here, as it is spelt PRAT.   ha ha

John Pratt played for Spurs in the 70's decent midfielder with and decent

at free kicks if I remember.

3 minutes ago, shy coconut said:

John Pratt played for Spurs in the 70's decent midfielder with and decent

at free kicks if I remember.

 

 

 

Yes, but he was Pratt,  not a prat! ?

Thanks very much for all the advice, but I do want money from Australia, like life insurance , death benifits, money in bank or saving  accounts etc to be included in the will for my wife

 

8 hours ago, ChiangMaiLightning2143 said:

Don't make yourself worth more dead than alive.

A common mistake Foreigners make here with Thai women and wills.

I love my wife have been with her many years, i want her to have a good life after I go, I have a terminal sickness. you , you having more to do than troll this forum. get a life, your a <deleted>

 

I use to work in the estate administration business many many decades ago (Australia), and I recall if we had an estate with assets in another country we use to "Reseal" the Aus will in the "foreign" jurisdiction using local legal services. 

 

Don't know if this still is the system, just throwing it out there for those more uptodate in knowledge ?

On 5/25/2018 at 4:08 AM, cyberfarang said:

You need to make a will in Australia for any assets you wish to leave in Australia, and make a will in Thailand for any assets you wish to leave in Thailand, providing you legally own what you have in Thailand.

 

Cost to make a will in Thailand, usually 10000 baht.

NO ! 5,000 baht ! but can go up if it starts to get complicated.

Edited May 25, 20188 yr by catman20

16 hours ago, soisanuk said:

I have two wills, one for Thailand and one for USA.  A caution, it is common practice for attorneys to put a sentence in a will that cancels all previous wills - when making my will here in Thailand, my attorney advised that it should not be included as it would, in effect, cancel my previously made will in USA.

it is common practice for attorneys to put a sentence in a will that cancels all previous wills - when making my will here in Thailand.

 

could you not state in the Thai will that this only cancels out any previous wills made in Thailand to avoid that ?????