Making a Will so my Thai wife will receive what I request

[Jip99]

4 minutes ago, catman20 said:

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 ?????

 

I see your point, but unnecessary.... each Will invalidates earlier Wills by the latest date being “My last Will and testament”.....ie...a Will dated today will supersede any of an earlier date.

[cmrichsw]

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.

Ask around I had one done for 2000 baht including the will being translated to Thai. 

[puchooay]

12 hours ago, Jip99 said:

 

 

 

Yes, but he was Pratt,  not a prat! ?

Quite right. Unless he went on to play for Forest.

[RichardColeman]

Just make it clear that the money goes to the cat sanctuary if you die in 'mysterious' circumstances !

[NancyL]

I don't know if there is something similar in Australia, but I'd like to point out that for a foreign national beneficiary to claim assets that have a U.S. source, that person must supply an ITIN, individual taxpayer identification number, the equivalent of a social security number for U.S. people.  So, if you have in mind to leave your U.S. assets to a foreign national, you can do that person a great big favor by helping them to apply for an ITIN while you're still alive.

 

You can do a google search to see the steps needed to apply for an ITIN.  While it's not the only way to acquire an ITIN, the easiest way is for someone to start out with a valid Thai passport to use as their source of identification when applying for an ITIN, so it's a good first step to ask your loved one to apply for a Thai passport if they don't have one already.  (besides, you two would enjoy a little overseas trip together anyway, wouldn't you?)  

[soisanuk]

17 hours ago, sanemax said:

Would USA law recognise that cancellation ?

Most likely they would -- but if only brought up as a challenge in USA probate - otherwise, a moot point.

[catman20]

4 hours ago, Jip99 said:

 

I see your point, but unnecessary.... each Will invalidates earlier Wills by the latest date being “My last Will and testament”.....ie...a Will dated today will supersede any of an earlier date.

so if i made a UK will in the UK for my assets there in 2004 then made a will in Thailand for my assets here in 2012  surely both wills are valid  in both countries.

[ChiangMaiLightning2143]

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   

 

Stating an opinion (which is true) is not trolling.  

For every successful Farnang/Thai marriage a dozen have been fleeced. This is fact. And as you see calling people names is against the forum rules and will not be tolerated.

 

I have a Thai will to cover my condo and assets here costs very little to register and shall in the event of untimely demise be executed by a trusted Thai (American citizen and connected also) friend who is a Electrical Engineering professor at a noted University.

 

I’m sorry to hear of your condition and wish for you the best outcome. We are dealing now with both parents in 80s simultaneously with strokes/cancers/mental problems and it is difficult but one must asses ones personal state before lashing out angrily to other posters. Those only exercising their rights to free speech on an open forum don’t deserve such bitterness.

 

 

 

[Jip99]

6 hours ago, catman20 said:

so if i made a UK will in the UK for my assets there in 2004 then made a will in Thailand for my assets here in 2012  surely both wills are valid  in both countries.

 

Yes....IF the Wills specify assets only in that country.....and better still to include a comment in the later Thai Will that a separate UK Will covers assets in that country.

 

It may sound like over-kill but without specific reference then a later Thai Will worded “this is my last Will and testament “  and including ‘standard’ wording like “all my assets...” would enable the beneficiary to claim assets that may not have been intended for them.

 

Slightly more interesting (and often overlooked) is the fact that marriage invalidates a Will....consider the scenario above...the 2004 UK Will leaves assets to, say, your son. You then marry your Thai tilak in 2012 (and write a new Will for Thai assets)..... that marriage invalidates the 2004 Will and in the event of your subsequent death the UK assets would fall under the rules of intestacy.

[scottiejohn]

I know the OP is asking about Aus and Thai wills but what if all your assets are just a Bank Account in Thailand.  There must be a simple "Thai only will form" that covers this without all the other rigmarole, I hope!

Does anyone know of any such form/procedure?

[Jip99]

10 minutes ago, scottiejohn said:

I know the OP is asking about Aus and Thai wills but what if all your assets are just a Bank Account in Thailand.  There must be a simple "Thai only will form" that covers this without all the other rigmarole, I hope!

Does anyone know of any such form/procedure?

 

 

Any reason why it can’t be a joint account?

 

(I accept that it may well be in sole name for immigration purposes).

 

Try asking the question at the specific Bank because the mileage may vary from Bank to Bank.

 

A simple Will is easy to construct or this may be a case for an Amphoe Will.

 

If there is just a wife as beneficiary it MIGHT be worth relying on the rules of intestacy. At worst the widow would need to go to the local court....something that would probably have to be done to prove a Will anyway.

 

T.I.T. factor..... it has not been unknown for a widow to just rock up to the Bank with a death certificate, and marriage certificate, and get paid out. I personally would not rely on that unless I had it confirmed by the bank beforehand.

Edited May 26, 2018 by Jip99

[prakhonchai nick]

When the only farang asset is cash in the bank a joint account is the easiest way to go. However as said above there may need to be a sole account for immigration purposes. A standard savings account would provide both internet banking and an ATM card, and in my experience widows are not slow at removing money from a late husband's account if they know or can access the PIN number.

[xylophone]

18 hours ago, selwonk said:

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

 

Some good advice from many posters here, and I think I've got it about right in the way that I structured my wills.

 

I have a will with my lawyer in New Zealand which covers my assets held in New Zealand only, and distributes them to whomsoever I have named in that will, including my Thai ex g/f.

 

He deals with that when I depart this mortal coil.

 

In addition I have a will made out here in Thailand covering my assets held in Thailand and this will leaves everything to my Thai ex. This will is a simple three or four page affair and is in both Thai and English and is commonly used by Westerners here who want a simple local will.

 

This is with a Thai lawyer locally and she will deal with that as and when.

 

I have a blank template of it somewhere and if you wish, I can PM it to you, then you can copy it and complete it.

[NancyL]

A joint bank account is no guarantee that the bank account will go to the other account holder in the event of your death.  Instead, the account will be frozen at the bank until your estate is sorted.  Without a Final Will, Thai law governs and in Thailand wives inherit at the same level as children and that includes adult children from previous marriages in a foreign country.  So, the bank is going to want to see evidence that you have no children who  should split the joint bank account with your wife.

 

Same with your condo, car and other property in your name.  

 

Get a proper Thai Final Will if you truly love your wife.

[scorecard]

7 hours ago, ChiangMaiLightning2143 said:

Stating an opinion (which is true) is not trolling.  

For every successful Farnang/Thai marriage a dozen have been fleeced. This is fact. And as you see calling people names is against the forum rules and will not be tolerated.

 

I have a Thai will to cover my condo and assets here costs very little to register and shall in the event of untimely demise be executed by a trusted Thai (American citizen and connected also) friend who is a Electrical Engineering professor at a noted University.

 

I’m sorry to hear of your condition and wish for you the best outcome. We are dealing now with both parents in 80s simultaneously with strokes/cancers/mental problems and it is difficult but one must asses ones personal state before lashing out angrily to other posters. Those only exercising their rights to free speech on an open forum don’t deserve such bitterness.

 

 

 

And you could help by toning down your regular instant negative comments about Thai ladies, gf's etc.

 

 

[puchooay]

16 hours ago, ChiangMaiLightning2143 said:

For every successful Farnang/Thai marriage a dozen have been fleeced. This is fact.

Interesting. Facts are usually based on evidence. Look forward to seeing yours.

[TSF]

OP. I dealt with this same situation about a year ago. I own property (an apartment) in Australia and have kids in Australia from previous marriages. Here in Thailand I'm in a defacto relationship (5 years now) and have a considerable sum of money in a Thai bank and own a late model car (3 years old) and have a few other smaller assets. So I made 2 wills. An Aussie willkit I downloaded from a legal website. That covers my property in Australia, which is to be divided equally among my 3 kids. Two copies of that will are with executors in Australia.

 

I then made a 2nd will with Isaan Lawyers in Korat. It wasn't very expensive, from memory 2000-3000Bt. That will clearly states that it only covers my Thailand assets and names my Thai defacto as the sole beneficiary. So in the event of my death here in Thailand, she goes to Isaan Lawyers and they will make the necessary arrangements so she can legally obtain all my Thailand assets.

 

 

 

 

[selwonk]

Thanks all for the contributions to my question,  much appreciated