How to do Will at Amphur

[twix38]

Anyone with experience on procedure, cost and effectiveness of doing a Will at local Amphur?

 

Where is it?

What is required and step by step tasks?

Cost?

Any issues to take account of?

 

Many thanks

[jonwilly]

Did my Thai will with Star Visa in both Thai & English, about B 3,500, their 2 lawyers met me at Amphur to register the will.

Very simple.

 

john

[Langsuan Man]

27 minutes ago, jonwilly said:

Did my Thai will with Star Visa in both Thai & English, about B 3,500, their 2 lawyers met me at Amphur to register the will.

Very simple.

 

john

3,500 THB for an Amphur Will !!!! I would guess that you also use a Visa agent for Immigration 

 

In Pattaya, (Bamlamung Amphur) , translated simple will Thai / English @600THB, Medical Certificate @ 100THB, Gratuity to ladies who witnessed my signature @ 2 X 100THB, Amphur fee @ 50THB .   Total: 950 THB

 

Go to your Amphur and ask, they will tell you exactly what you need and will process it for you.  The only difference will be that some Amphurs will store the original copy of the Will for you, others no longer provide the storage option, but do record it in their official book, so it is registered.   Unlike Wills that are retained by Thai lawyers Amphur registered Wills cannot be changed 

[BritManToo]

1 hour ago, jonwilly said:

Did my Thai will with Star Visa in both Thai & English, about B 3,500, their 2 lawyers met me at Amphur to register the will.

Very simple.

20bht and just as simple without the lawyers.

[scottiejohn]

42 minutes ago, BritManToo said:

20bht and just as simple without the lawyers.

Thanks.  Where in CM is the Amphur office you used and what info, docs are required?

[BritManToo]

15 minutes ago, scottiejohn said:

Thanks.  Where in CM is the Amphur office you used and what info, docs are required?

I don't have a will,

I'm hoping my relatives and hangers-on will fight to the death for the spoils after I'm dead.

[chingmai331]

Are such Wills valid, anywhere?  I mean unless you have some legal standing in a country then, seems to me, that such Wills and Testimonies won't be accepted in any jurisdiction.

I'm in Thailand on a Non-O, retirement extended, visa which i do not think qualifies me for any benefits except those for 'visitor'.

[Langsuan Man]

11 minutes ago, chingmai331 said:

Are such Wills valid, anywhere?  I mean unless you have some legal standing in a country then, seems to me, that such Wills and Testimonies won't be accepted in any jurisdiction.

I'm in Thailand on a Non-O, retirement extended, visa which i do not think qualifies me for any benefits except those for 'visitor'.

Has nothing to do with your status, has to do with the location of your assets

 

A Thai Will is valid in Thailand without any problems for assets or property located here, gets a little more complicated if you include foreign assets in the Thai Will.  Best practice is to have two Wills, one for Thailand and one for your home country 

[silverhawk_usa]

I have a will that I made using a Thai/English template from the internet.  We recently asked at the Doi Saket Amphur (very helpful people there) about registering the will. They indicated not a problem just bring it in. HOWEVER, they said we would also need two THAI witnesses.  It did not have to be the same we used to witness and sign the will.  Haven't done it yet, but sounded simple enough. 

[NancyL]

No one has mentioned the requirement for a medical certificate that you're of sound mental capacity when you write your will.  This was a requirement when Hubby and I did amphur wills about eight years ago in Amphur Muang Chiang Mai.  Maybe it's no longer a requirement.  I thought it a good idea vs. how it's done in the west when someone contests the will after you're dead, trying to prove you weren't of sound mental capacity at the time you wrote the will when you (and witnesses) aren't around to prove otherwise.

 

We went to CM Ram hospital for a little chat with a psychiatrist to get our medical certificates.  He started out by asking about the process of getting a final will in our home country vs. Thailand and we started to explain the similarities and differences and after a few minutes, I stopped and said "well, you probably already know the process for obtaining a final will in Thailand" and he said "yes, I do, but I want to make sure you do."  That, and discussion about our family situation, was the extend of the conversation. 

[jonwilly]

I am no expert on Thai legal matters, for that go speak to a Thai lawyer. I was assured that my will as lodged with the Amphur is valid in Thailand.

There are many Amphur Offices around Chiang Mai and altho I live in Suthep my Amphur Office is an old one close to the Three Kings monument.

 

john

 

[jonwilly]

I am no expert on Thai legal matters, for that go speak to a Thai lawyer. I was assured that my will as lodged with the Amphur is valid in Thailand.

There are many Amphur Offices around Chiang Mai and altho I live in Suthep my Amphur Office is an old one close to the Three Kings monument.

 

john

 

[scottiejohn]

2 hours ago, jonwilly said:

There are many Amphur Offices around Chiang Mai

Sorry,

I am not trying to highjack the OP's thread but can I add the following:

 

I am discussing a will that ONLY concerns the retirement visa deposit/savings bank account.  NO other assets/wills/dependents anywhere in the world.  Just that one single item.

Does anyone have any info of the following without going off on tangents;

1.  list of the locations of Amphur Offices in CM that do wills, not just marriages etc

2.  What documentation, if any, is required. I.e. do you write it out in English/Thai first or do they just have a form that you fill in, copy of bank book etc.  (It is my understanding that it was just a form about 10 years ago)

3.  As witnesses are only, normally,  just witnessing your signature and not the content can your partner/beneficiary and your Tuk Tuk driver act as witness(s).

4.  Nancy(L) mentioned hospital tests.  Are these still required.

 

Constructive comments on a very "grave" situation which may be of interest to many, given the affidavit problems at IO, are welcome. 

Edited December 6, 2018 by scottiejohn

[wgdanson]

I have written a very simple will in English, leaving all my assets in Thailand to my wife, got it witnessed by two people, one Thai one English, prineted out a few copies. Gave one to the Mrs. and one to my English witness. Cost........a couple of beers. Is it valid? What do I care.

[NancyL]

19 minutes ago, wgdanson said:

I have written a very simple will in English, leaving all my assets in Thailand to my wife, got it witnessed by two people, one Thai one English, prineted out a few copies. Gave one to the Mrs. and one to my English witness. Cost........a couple of beers. Is it valid? What do I care.

If you have children from previous relationships, you could be setting your Thai wife up for a world of problems.  In Thailand, a wife splits assets with the deceased children, from all relationships from all countries, so if your children want to raise a fuss, well she could be in for a fight.

[madmen]

How to go about leaving my thai assets to my son in the West and my lady in Thailand. Can it all be done from thailand?

[wgdanson]

1 minute ago, NancyL said:

If you have children from previous relationships, you could be setting your Thai wife up for a world of problems.  In Thailand, a wife splits assets with the deceased children, from all relationships from all countries, so if your children want to raise a fuss, well she could be in for a fight.

Thanks. I have also made a UK will saying all UK assets go to my two boys. And in both wills I have quoted the other will. They will not raise a fuss. If they do I'll give them a good bollocking !

[NancyL]

2 minutes ago, madmen said:

How to go about leaving my thai assets to my son in the West and my lady in Thailand. Can it all be done from thailand?

You need something a little more complex than an amphur will.  If you go back to your home country, then you can work with a lawyer there for a will for your assets there and have a lawyer here do a will for your Thai assets.

 

Or if you're from the U.S. or Australia, you could contact Lanna Lawyers, they have lawyers from those countries on staff, in addition to Thai lawyers.  There are law firms in Bangkok that have lawyers from U.K. and other countries on staff.  Google is your friend.  The key is to make sure that one will doesn't negated the other.

[madmen]

You need something a little more complex than an amphur will.  If you go back to your home country, then you can work with a lawyer there for a will for your assets there and have a lawyer here do a will for your Thai assets.

 

Or if you're from the U.S. or Australia, you could contact Lanna Lawyers, they have lawyers from those countries on staff, in addition to Thai lawyers.  There are law firms in Bangkok that have lawyers from U.K. and other countries on staff.  Google is your friend.  The key is to make sure that one will doesn't negated the other.

 

thanks a lot.

[jonwilly]

I have a UK will for my UK assets and a Thai will for my local assets.

I searched the net and found a form for a UK style will, filled it in and had it witnessed by 2 reputable folk , one Brit one New Zealander, one a Chartered Accountant the other a PHD, they provided their full address on the will .

 

john

[JimGant]

On 12/6/2018 at 7:49 AM, Langsuan Man said:

Go to your Amphur and ask, they will tell you exactly what you need and will process it for you.  The only difference will be that some Amphurs will store the original copy of the Will for you, others no longer provide the storage option, but do record it in their official book, so it is registered.   Unlike Wills that are retained by Thai lawyers Amphur registered Wills cannot be changed 

So, you die. Is your Amphur Will free from probate? Apparently, in the old days, it would have been -- being the poor man's Will. But, the lawyer mafia may have hijacked this -- by putting the scare into bank, land managers, et al that probate is now required for everything (or face legal repercussions).

 

We used to have a zillion Will threads on this forum, plus at one time, a subforum dedicated to legal matters (disappeared, probably due to incompetence....). Anyway, I remember on this subforum that the lawyer guru running it replied that Amphur Wills *were* subject to probate. Never anything more definitive came out of that declaration.

 

So, my question for those of you with Amphur Wills: Are you expecting your beneficiary/executor to just present your Amphur Will to the bank manager and land officer manager -- and your bidding will be done without probate? Would be nice -- but I'm afraid the lawyer mafia, realizing they're losing some nice fees, have muddied the waters.

 

Anyone up to date with this?

 

 

[JimGant]

Quote

I have written a very simple will in English, leaving all my assets in Thailand to my wife, got it witnessed by two people, one Thai one English, prineted out a few copies. Gave one to the Mrs. and one to my English witness. Cost........a couple of beers. Is it valid?

Sure. Handwritten, it wouldn't have even needed witnesses (although recommended). And witnesses should have their Thai ID numbers (or passport number, if a farang) affixed. A movie of the witnessing with your cellphone would also be extra insurance. Then, make contact with a lawyer, asking if he would accommodate probating your Will when the time comes. Give his name to your executor.

 

Above possibly as solid as an Amphur Will, assuming both have to go through probate (although some bank managers might honor an Amphur Will without probate -- but probably not a self-written Will). Not a lot of info on what really happens in Thailand concerning need -- or no need -- for probate.

 

 

[Langsuan Man]

11 hours ago, JimGant said:

So, you die. Is your Amphur Will free from probate? Apparently, in the old days, it would have been -- being the poor man's Will. But, the lawyer mafia may have hijacked this -- by putting the scare into bank, land managers, et al that probate is now required for everything (or face legal repercussions).

 

We used to have a zillion Will threads on this forum, plus at one time, a subforum dedicated to legal matters (disappeared, probably due to incompetence....). Anyway, I remember on this subforum that the lawyer guru running it replied that Amphur Wills *were* subject to probate. Never anything more definitive came out of that declaration.

 

So, my question for those of you with Amphur Wills: Are you expecting your beneficiary/executor to just present your Amphur Will to the bank manager and land officer manager -- and your bidding will be done without probate? Would be nice -- but I'm afraid the lawyer mafia, realizing they're losing some nice fees, have muddied the waters.

 

Anyone up to date with this?

 

 

An Amphur Will was never designed to bypass Probate, the purpose of an Amphur Will is to keep any unscrupulous lawyer from changing your will BEFORE probate.  Of course your heirs will have to get a lawyer to go through probate but at least the court will have your actual Will and not one that the lawyer , who probably notarized it, has in his files.

 

There was a case in Phuket several years ago where a bunch of British expats were aware that a fellow Brit was going to leave all his money to a local school when he died, after his funeral the friends got together and asked what happened to the money for the school.  They contacted the lawyer who claimed the individual died without a Will, ie. intestate. so the school got no money, the lawyer did  Think about that for a minute, why would a lawyer allow his client to die without a Will ? 

 

Thais don't trust lawyers, that is why my Thai significant other wanted a Will certified and witnessed by the independent Amphur 

Edited December 10, 2018 by Langsuan Man

[JimGant]

Quote

Think about that for a minute, why would a lawyer allow his client to die without a Will ? 

Dunno... If you die intestate, your goodies are distributed down blood and marriage lines. Nothing in this for a crooked lawyer. (Well, maybe in bed with your mother, so to speak...)

 

And if amphur Wills need go through probate, what's the difference between having your executor fetch your Will at the amphur -- or fetching it from your top drawer at your house? Yes, the Will at the amphur may have official chops on it -- but the Will in my top drawer has witness signatures and initials -- and the whole matter is recorded on a cellphone video.  A crooked lawyer isn't going to cross out my wife's name (the sole beneficiary), and insert his name -- neither on my top drawer Will, or your amphur Will. And my executor, riding herd on this, wouldn't let it happen (apparently no executor riding herd in your example with the Brits). Thus I'm not sure where you get the warm fuzzy about having an amphur Will..........

 

So, as long as my executor is facing probate with an amphur Will, not sure the advantage of one over my homegrown top drawer model..... In both situations my executor will need to arrange the services of a lawyer for the probate goat rope. And, in both situations, I won't lose any sleep over the remote possibility he'll re-write the Will (or throw it away, which would be completely nonsensical).