Will In Thailand

[Boo]

Does anyone know how legally binding a will is in Thailand.

Hubby (Thai) & I (Brit) are due to have our first child (a son) in May. We want to make the will to specify what should happen with regards to custody should one or both of us die & also to ensure that any property we have in Thailand is protected for our son in future.

We have already agreed what will happen, custody wise, should I pass away before the child comes to an age to decide where he wants to live & also agree that all property will go to the surviving spouse & then our son (and any future kids) should the remaining spouse die too.

So question 1) Is this feasable in LOS & how easy would it be for another family member (uncle.cousin etc) to overturn the will to try to gain access to assets & 2) any recommendations of lawyers who could do this for us.

Cheers

Boo

[Misty]

Hi Boo,

I believe the real danger occurs when there is no will, but best to consult with a lawyer that specializes in this. I'll pm you the details of the British lawyer who did our Thai wills.

Cheers! Misty

Does anyone know how legally binding a will is in Thailand.

Hubby (Thai) & I (Brit) are due to have our first child (a son) in May. We want to make the will to specify what should happen with regards to custody should one or both of us die & also to ensure that any property we have in Thailand is protected for our son in future.

We have already agreed what will happen, custody wise, should I pass away before the child comes to an age to decide where he wants to live & also agree that all property will go to the surviving spouse & then our son (and any future kids) should the remaining spouse die too.

So question 1) Is this feasable in LOS & how easy would it be for another family member (uncle.cousin etc) to overturn the will to try to gain access to assets & 2) any recommendations of lawyers who could do this for us.

Cheers

Boo

Edited February 6, 2007 by Misty

[Sunbelt Asia]

Does anyone know how legally binding a will is in Thailand.

Hubby (Thai) & I (Brit) are due to have our first child (a son) in May. We want to make the will to specify what should happen with regards to custody should one or both of us die & also to ensure that any property we have in Thailand is protected for our son in future.

We have already agreed what will happen, custody wise, should I pass away before the child comes to an age to decide where he wants to live & also agree that all property will go to the surviving spouse & then our son (and any future kids) should the remaining spouse die too.

So question 1) Is this feasable in LOS & how easy would it be for another family member (uncle.cousin etc) to overturn the will to try to gain access to assets & 2) any recommendations of lawyers who could do this for us.

Cheers

Boo

In the case where both parents died and the child is still a minor, a guardian and an executor should have been elected in a will. These two would be selected by you but they would have to be officially appointed by the Court. Once a guardian and/or an executor has been appointed, it would be very difficult to overturn the appointment unless there is a strong case, proof and evidence that the said person is inappropriate and is taking the assets for his/her own account and not for the child’s benefit.

It is strongly recommended to have a will and appoint two separate individuals for this role; one acts as the guardian and the other would be the executor. This would balance the power and would act as the gate keeper for the child.

If for instance, an executor sells the child’s asset and puts it into his own account rather than use the funds for the child’s education or living expenses, the guardian would then sue the executor and would then overturn the selling of the property. Further action may then be taken to replace the executor for improper conduct.

Our professional fee is 10,500 Baht for a will.

www.sunbeltasiagroup.com

[jeffrosner]

Does anyone know how legally binding a will is in Thailand.

Hubby (Thai) & I (Brit) are due to have our first child (a son) in May. We want to make the will to specify what should happen with regards to custody should one or both of us die & also to ensure that any property we have in Thailand is protected for our son in future.

We have already agreed what will happen, custody wise, should I pass away before the child comes to an age to decide where he wants to live & also agree that all property will go to the surviving spouse & then our son (and any future kids) should the remaining spouse die too.

So question 1) Is this feasable in LOS & how easy would it be for another family member (uncle.cousin etc) to overturn the will to try to gain access to assets & 2) any recommendations of lawyers who could do this for us.

Cheers

Boo

In the case where both parents died and the child is still a minor, a guardian and an executor should have been elected in a will. These two would be selected by you but they would have to be officially appointed by the Court. Once a guardian and/or an executor has been appointed, it would be very difficult to overturn the appointment unless there is a strong case, proof and evidence that the said person is inappropriate and is taking the assets for his/her own account and not for the child's benefit.

It is strongly recommended to have a will and appoint two separate individuals for this role; one acts as the guardian and the other would be the executor. This would balance the power and would act as the gate keeper for the child.

If for instance, an executor sells the child's asset and puts it into his own account rather than use the funds for the child's education or living expenses, the guardian would then sue the executor and would then overturn the selling of the property. Further action may then be taken to replace the executor for improper conduct.

Our professional fee is 10,500 Baht for a will.

www.sunbeltasiagroup.com

Is that the Thai or Farang fee?

[Sunbelt Asia]

Is that the Thai or Farang fee?

We don't have a Thai or Farang fee. It’s 10,500 Baht for anyone and everyone.

If you shop around, most local Thai lawyers in BKk charge clients around 15,000 Baht to draft a will.

Many International firms charge clients around 30,000+ to draft a will. ( Most have a mininum of three hours at 9,000-10,000+ Baht an hour)

The key is the quality of work.

www.sunbeltasiagroup.com

[Boo]

Thanks for the reponse sunbelt. Just one more question pls Can anyone be appointed executor & guardian in thai law, for example, non thai's?

[Sunbelt Asia]

Thanks for the reponse sunbelt.

You are welcome.

Can anyone be appointed executor & guardian in thai law, for example, non thai's?

Anyone can be as long as they are over 20 years old.

www.sunbeltasiagroup.com