Will for my Thai Bank Account

[buick]

i need to make a will so that the money in my two acccounts at bangkok bank will be given to my thai partner (not married) in the event of my death.  i don't mind paying a law firm to do this and so far i've had two quotes, 40,000thb and 5,000thb.  can anyone provide some insight on their experience with this.  i'm in bangkok.  i assumed this would be fairly simple, most firms would have a standard form of will covering this situation (since many of us need this 'will' for bank accounts if not married).  but the difference btwn these quotes has got me a bit confused.  i emailed the 40,000thb firm to reiterate my needs (bank accounts only, not a car, or house, or any other asset).  but they stuck with the 40,000thb claiming no standard form is available to them. 

[simoh1490]

A simple will in Thailand constructed by a law firm should cost no more than THB 8,000, the cost is around THB 6,000 in Chiang Mai, if you are being quoted 40k you are being ripped off.

[NE1]

I did mine at our local Amphur office. 

It took about an hour or so , as I don't think they had done one before .

It was just for the contents of Bank accounts. 

I am not sure but I think it was free.

[simoh1490]

Amphur wills are typically very low cost, 100 baht or so but I read that not all Amphur will accept them from foreigners. They are ideal for simple wills but I also read they are not suitable if there is a risk that the will might be contested in any way.

[NE1]

I think you are correct. My wife was told that if there was a contested will from my home country it could be a looooong drawn out affair. ( in our case it does not apply ).

And the Amphur was not very forthcoming , they asked us to return the next day. ( I think they wanted to check up on how to do it ). 

The only reason I tried the Amphur , there is/was a poster on here who had done one , so I gave it a shot.

 

[colinneil]

27 minutes ago, NE1 said:

I think you are correct. My wife was told that if there was a contested will from my home country it could be a looooong drawn out affair. ( in our case it does not apply ).

And the Amphur was not very forthcoming , they asked us to return the next day. ( I think they wanted to check up on how to do it ). 

The only reason I tried the Amphur , there is/was a poster on here who had done one , so I gave it a shot.

 

Yes mate it was me, i had my will done at the Amphur, anything i have here will be going to my wife.

Went to the Amphur, saw the boss my wife was asked to go and do some copies, while she was away boss asked me, you sure about what you want, everything to your wife, yes i am sure.

Will done, we have a copy, Amphur have a copy, and on the computer also, not asked for 1 baht.

Edited November 8, 2018 by colinneil

[giddyup]

16 minutes ago, colinneil said:

Yes mate it was me, i had my will done at the Amphur, anything i have here will be going to my wife.

Went to the Amphur, saw the boss my wife was asked to go and do some copies, while she was away boss asked me, you sure about what you want, everything to your wife, yes i am sure.

Will done, we have a copy, Amphur have a copy, and on the computer also, not asked for 1 baht.

What Amphur office was it?

[colinneil]

Just now, giddyup said:

What Amphur office was it?

Banphai, 44 ks south of Khonkaen.

[ezzra]

24 minutes ago, colinneil said:

Yes mate it was me, i had my will done at the Amphur, anything i have here will be going to my wife.

Went to the Amphur, saw the boss my wife was asked to go and do some copies, while she was away boss asked me, you sure about what you want, everything to your wife, yes i am sure.

Will done, we have a copy, Amphur have a copy, and on the computer also, not asked for 1 baht.

Not wanting to rain on your parade but good luck with the Ampur actually will keep your copy safe and not get tossed out or lost in the many years you have left to live as will and testaments are are exactly the ampur bread and butter business...

Edited November 8, 2018 by ezzra

[giddyup]

26 minutes ago, colinneil said:

Banphai, 44 ks south of Khonkaen.

Thanks, not exactly my neighbourhood.

[buick]

1 hour ago, simoh1490 said:

A simple will in Thailand constructed by a law firm should cost no more than THB 8,000, the cost is around THB 6,000 in Chiang Mai, if you are being quoted 40k you are being ripped off.

 

thanks for the info.  i will go ahead and follow up with the 5,000thb quote and forget about the firm with the 40,000thb quote. 

 

1 hour ago, NE1 said:

I did mine at our local Amphur office. 

 

i've never been to my local amphur office.  i've seen reference to these offices but typically it has been in smaller cities.  not sure i want to experience my local one here in BKK if it is anything like going to CW.

 

i'll report back once i have the will in process (hopefully) with the 5,000thb quote.

[NE1]

Be careful with the small print , I read a story a while ago about a " lawyer " putting a clause in , where he gets a certain percentage of what is in the bank account(s).

[R123]

OP: recently made a Thai will for Thai bank accounts and Thai personal effects etc. A very professional service from a Bkk law firm with a proper Thai lawyer who is a specialist in this area of the law.

The will needs to be in Thai with an English translation, the latter taking preference in the event of a dispute.

Good idea to have Thai executors who hopefully will not pre decease the testator (the writer of the Will).

All was done on the internet:

Except when it came to the "signing ceremony"; required to go to the lawyers office.

Needed to get a medical certificate confirming I was of sound mind to make the will.

The Will was extremely well written and presented and I a well pleased.

Total cost around 36,OOO including witnesses.

You get what you pay for.

if any suggest you do it on the cheap with mickey mouse amateurs they will likely be useless.

You must use a proper Thai lawyer who is a specialist.

A specialist knows the Thai legislation and case law, and the proper wording of the Will et al.

My Thai Will only applies to Thailand and I have a separate Will for elsewhere by a separate firm of overseas lawyers.

The firm I used is Siam Legal:  Sirichot Chaiyachot. 

 

 

Edited November 8, 2018 by R123

[buick]

1 hour ago, NE1 said:

Be careful with the small print , I read a story a while ago about a " lawyer " putting a clause in , where he gets a certain percentage of what is in the bank account(s). 

i'll be sure to keep an eye out for that clause - could be a case of 5,000thb with that clause or 40,000thb w/o the clause !!

 

39 minutes ago, R123 said:

The firm I used is Siam Legal:  Sirichot Chaiyachot. 

thanks for the reference and cost number for your will.  i plan on making my girlfriend of 12 yrs the executor as well as the person who gets the money.  the account contains approx. 800,000thb related to the requirements for my extension of stay.  no other assets, for now (my parents are still alive and are listed as beneficiaries or joint account holders on my USA bank accounts so they'll get that money assuming i go before they do).  i don't expect there to be any disputes, etc... over the thai bank accounts.

 

as far as the amphur office, as noted by several members here, the 5,000thb quote person said i could leave a will at the local amphur office for a cost of 15thb (not a typo).  i'm waiting to hear back about that.  i think he implied that was an option if i wanted to do the super cheap option.  i'll update again when i know more.

 

thanks again for all the help.  i'll be sure to help others here once i get the process complete (as i have before for matters related to visas, bank accounts, local airports, etc...)

Edited November 8, 2018 by buick

[sometimewoodworker]

8 hours ago, buick said:

i've never been to my local amphur office.  i've seen reference to these offices but typically it has been in smaller cities.  not sure i want to experience my local one here in BKK if it is anything like going to CW.

An amphur applies to places outside Bangkok in Bangkok it is a Ket and my only experience with one was nice enough when SWMBO and I got married, though it was the second one that we went to that knew what to do. 

[simoh1490]

1 hour ago, NE1 said:

Be careful with the small print , I read a story a while ago about a " lawyer " putting a clause in , where he gets a certain percentage of what is in the bank account(s).

Rubbish and nonsense!

 

A will in Thailand is not considered valid unless it is written in the native language of the testator, it can be easily challenged by any foreign relatives, it then of course must be translated for probate in Thailand. Anyone who writes and signs a will in a foreign language deserves to lose every penny they ever had. 

[simoh1490]

21 minutes ago, buick said:

i'll be sure to keep an eye out for that clause - could be a case of 5,000thb with that clause or 40,000thb w/o the clause !!

 

thanks for the reference and cost number for your will.  i plan on making my girlfriend of 12 yrs the executor as well as the person who gets the money.  the account contains approx. 800,000thb related to the requirements for my extension of stay.  no other assets, for now (my parents are still alive and are listed as beneficiaries or joint account holders on my USA bank accounts so they'll get that money assuming i go before they do).  i don't expect there to be any disputes, etc... over the thai bank accounts.

 

as far as the amphur office, as noted by several members here, the 5,000thb quote person said i could leave a will at the local amphur office for a cost of 15thb (not a typo).  i'm waiting to hear back about that.  i think he implied that was an option if i wanted to do the super cheap option.  i'll update again when i know more.

 

thanks again for all the help.  i'll be sure to help others here once i get the process complete (as i have before for matters related to visas, bank accounts, local airports, etc...)

I understand a beneficiary cannot be an executor in Thailand.

Edited November 8, 2018 by simoh1490

[simoh1490]

53 minutes ago, R123 said:

OP: recently made a Thai will for Thai bank accounts and Thai personal effects etc. A very professional service from a Bkk law firm with a proper Thai lawyer who is a specialist in this area of the law.

The will needs to be in Thai with an English translation, the latter taking preference in the event of a dispute.

Good idea to have Thai executors who hopefully will not pre decease the testator (the writer of the Will).

All was done on the internet:

Except when it came to the "signing ceremony"; required to go to the lawyers office.

Needed to get a medical certificate confirming I was of sound mind to make the will.

The Will was extremely well written and presented and I a well pleased.

Total cost around 36,OOO including witnesses.

You get what you pay for.

if any suggest you do it on the cheap with mickey mouse amateurs they will likely be useless.

You must use a proper Thai lawyer who is a specialist.

A specialist knows the Thai legislation and case law, and the proper wording of the Will et al.

My Thai Will only applies to Thailand and I have a separate Will for elsewhere by a separate firm of overseas lawyers.

The firm I used is Siam Legal:  Sirichot Chaiyachot. 

 

 

At 36k for a will in Thailand, unless super complex or constructed by Tillek and Gibbons, you overpaid by a long way.

[giddyup]

7 minutes ago, simoh1490 said:

A beneficiary cannot be an executor.

Wrong. https://www.thailandstarterkit.com/legal/last-will-and-testament/

Other than the beneficiaries, anyone can be a witness to the Will as long as they are adults and there when you sign. The beneficiary in the Will can be appointed as the executor or the administrator, but cannot be a witness of the Will.

[sometimewoodworker]

5 minutes ago, simoh1490 said:

At 36k for a will in Thailand, unless super complex or constructed by Tillek and Gibbons, you overpaid by a long way.

Even with them it is rather high.

[simoh1490]

1 minute ago, giddyup said:

Wrong. https://www.thailandstarterkit.com/legal/last-will-and-testament/

Other than the beneficiaries, anyone can be a witness to the Will as long as they are adults and there when you sign. The beneficiary in the Will can be appointed as the executor or the administrator, but cannot be a witness of the Will.

I stand corrected, the executor cannot be a witness.

[NE1]

13 minutes ago, simoh1490 said:

1 hour ago, NE1 said:

Be careful with the small print , I read a story a while ago about a " lawyer " putting a clause in , where he gets a certain percentage of what is in the bank account(s).

Rubbish and nonsense!

 

It might be rubbish and nonsense as I do not know first hand and neither do you. , it is just a post i read on here , I did not say the person accepted it , they said it was written in and was picked up on.

[simoh1490]

2 minutes ago, NE1 said:

It might be rubbish and nonsense as I do not know first hand and neither do you. , it is just a post i read on here , I did not say the person accepted it , they said it was written in and was picked up on.

I read it will snow in Bangkok tomorrow!

[NE1]

Well you was wrong about the beneficiary and the witness post.

 

[giddyup]

Just now, NE1 said:

Well you was wrong about the beneficiary and the witness post.

 

And I didn't call it rubbish and nonsense either.????

[Langsuan Man]

If all you are worried about is cash in your Bangkok Bank Account the easiest way to it is leave them access to your ATM card and PIN and the money will be available instantly to pay for your funeral

 

Even with a legal Thai Will, verified and stored with my local Amphur, the TG has access, since bills have to be paid while probate winds it's way through  the Thai Court system

[buick]

On 11/8/2018 at 3:39 PM, Langsuan Man said:

If all you are worried about is cash in your Bangkok Bank Account the easiest way to it is leave them access to your ATM card and PIN and the money will be available instantly to pay for your funeral

i'd thought of that but i worry a bit about the trust factor.  i've got the messaging feature so i know when money goes out.  she has the ATM card for the thai baht account but the majority of the funds are in a foreign currency account and i'd have to give her my log Id/password, etc...  in order for the those funds to transfer to THB account.  my basic principle is don't trust the girlfriend, just when you feel the best, she stabs you in the back (not literally).  it has happened to me several times !!!

[Langsuan Man]

21 hours ago, buick said:

i'd thought of that but i worry a bit about the trust factor.  i've got the messaging feature so i know when money goes out.  she has the ATM card for the thai baht account but the majority of the funds are in a foreign currency account and i'd have to give her my log Id/password, etc...  in order for the those funds to transfer to THB account.  my basic principle is don't trust the girlfriend, just when you feel the best, she stabs you in the back (not literally).  it has happened to me several times !!!

They are not stupid, since they know any temporary gains would be far outweighed by a future windfall.  If you want to protect your foreign currency account, just put a daily withdrawal limit and institute the same messaging system for that account as you have for the Baht account

 

Or get a Thai Will written and she can wait. 

 

For all I know you may be able to have Bangkok Bank add her to the accounts as a beneficiary, which can easily be done in the US, but I am not sure here in Thailand 

[buick]

On 11/11/2018 at 7:23 PM, Langsuan Man said:

They are not stupid, since they know any temporary gains would be far outweighed by a future windfall.  If you want to protect your foreign currency account, just put a daily withdrawal limit and institute the same messaging system for that account as you have for the Baht account

 

Or get a Thai Will written and she can wait. 

 

For all I know you may be able to have Bangkok Bank add her to the accounts as a beneficiary, which can easily be done in the US, but I am not sure here in Thailand 

there is no beneficiary option unfortunately.  that would be great.  i know i'm paranoid but i'd rather she not even know that the money will be coming her way in the event of my death.  i'm in thailand 8 months a year so i don't really know what the girlfriend does in my absence (and vice versa !!).  i'm still working on the thai will option but i'm looking for a new executor so i can prepare it w/o her and she won't know (before i was thinking of using her as executor also).  all this might sound a bit odd but my parents have a will and i don't know what i'm getting from it so it will be a surprise to me upon their death.  the same way i'm trying to set up this will (she does know i'm on a retirement extension and need to have at least 800thb in the bank).  to be perfectly honest, i don't really care about giving her the money (call me cruel) but i definitely don't want bangkok bank to get it.  so i've got to will it to someone and figure she's the best choice for now.

 

thanks again for your comments in this thread, they've been helpful and on point.

Edited November 16, 2018 by buick