masterpasser Posted January 23, 2019 Share Posted January 23, 2019 I friend of mine past away in November and I was the nominated executor of his Will. A new Will has been found -Dated 4 years after the first Will. The issue is the "New" Will has not been signed or witnessed. I have read that if the Testator had an intention to sign then It may be entered into probate. Is this correct? Link to comment Share on other sites More sharing options...
rak sa_ngop Posted January 23, 2019 Share Posted January 23, 2019 Is it handwritten by the deceased party? Link to comment Share on other sites More sharing options...
masterpasser Posted January 23, 2019 Author Share Posted January 23, 2019 No - It was drafted by the same Thai lawyer that wrote the first Will Link to comment Share on other sites More sharing options...
topt Posted January 23, 2019 Share Posted January 23, 2019 How long in between it being dated and when your friend past away? I am also surprised it was dated (unless this is a Thai thing?) but not signed as I would expect that to happen at the same time. Curious did it change the bequests and/or executor? Link to comment Share on other sites More sharing options...
masterpasser Posted January 23, 2019 Author Share Posted January 23, 2019 About 6 months between the writing of the Will and his death. The benefactors changed and also the executor . The Lawyer remained the same. Link to comment Share on other sites More sharing options...
Popular Post malt25 Posted January 29, 2019 Popular Post Share Posted January 29, 2019 I'd be getting an opinion from a different, independent lawyer. 3 Link to comment Share on other sites More sharing options...
KMartinHandyman Posted February 2, 2019 Share Posted February 2, 2019 About 6 months between the writing of the Will and his death. The benefactors changed and also the executor . The Lawyer remained the same. Sounds like a scam to me. It could have been drafted anytime including after his passing for all anyone knows without his signature and a notary seal. I would say if he commissioned the changes and intended to sign it he would have signed it. Supposedly he had six months to do so but didn’t. 1 Link to comment Share on other sites More sharing options...
masterpasser Posted February 2, 2019 Author Share Posted February 2, 2019 3 hours ago, KMartinHandyman said: Sounds like a scam to me. It could have been drafted anytime including after his passing for all anyone knows without his signature and a notary seal. I would say if he commissioned the changes and intended to sign it he would have signed it. Supposedly he had six months to do so but didn’t. Interesting comment and I thank you. The "New Will" was found on the deceased iphone - sent by the Lawyer in May 2018. So months before his death. He may well have signed it , but his condo was searched top to bottom and no Will was found . In fact only a copy of the original Will was found -The original certified and signed/witnessed was not . Link to comment Share on other sites More sharing options...
Yellowtail Posted February 2, 2019 Share Posted February 2, 2019 Well if you are the executor than it would seem the new will is not enforceable. What do you believe your friend's wishes were? Link to comment Share on other sites More sharing options...
KMartinHandyman Posted February 2, 2019 Share Posted February 2, 2019 Interesting comment and I thank you. The "New Will" was found on the deceased iphone - sent by the Lawyer in May 2018. So months before his death. He may well have signed it , but his condo was searched top to bottom and no Will was found . In fact only a copy of the original Will was found -The original certified and signed/witnessed was not .I know nothing about Thailand policy but in my county in the states the original goes on file at the courthouse. You keep a copy and get a receipt for your records.Adding: the scam may be someone was trying to convince him to make the changes,sent him a revised will and he chose not to comply leaving the terms of the only fully executed will (in my opinion) in place. Link to comment Share on other sites More sharing options...
Henryford Posted February 3, 2019 Share Posted February 3, 2019 I am not a lawyer but i would think only a signed will is valid. Anyone can draft a new will, especially if it changes the benefactors. 1 Link to comment Share on other sites More sharing options...
topt Posted February 3, 2019 Share Posted February 3, 2019 21 hours ago, masterpasser said: In fact only a copy of the original Will was found -The original certified and signed/witnessed was not . OP you seem to be eking out the facts/answers which does not make it easy for others to help. As far as you know did the deceased hold the original will or was it supposedly held by the lawyer? If the fomer how do you think it went missing? Who benefits now that did not before? Any reason that you know the deceased would have changed his executor(you) to someone else and do you know this person? How close a friend were you - 16 hours ago, Yellowtail said: What do you believe your friend's wishes were? You could make a case for it all being very suspicious or it could be a change of heart and the deceased chose not to mention it to you........... In answer to your original question however you may want to pm @BlackJack who deals with this kind of stuff. If you have not seen it there is a will topic pinned in the Pattaya forum which he contributes to. 1 Link to comment Share on other sites More sharing options...
masterpasser Posted February 3, 2019 Author Share Posted February 3, 2019 On 2/2/2019 at 5:26 PM, Yellowtail said: Well if you are the executor than it would seem the new will is not enforceable. What do you believe your friend's wishes were? I am convinced that the second Will was his last and final Will . He reflected on the years he spent with his girlfriend and wanted to reward her accordingly . His original benefactor -his son , is wealthy and does not really need anything from his estate. She payed for the hospital bill and arranged the funeral in accordance with his wishes.- His son has reimbursed her for all the costs -which were significant (Over 1,000,000 bht) Unfortunately he did not sign this new Will. She has not displayed any bitterness regarding her exclusion from the Will Link to comment Share on other sites More sharing options...
stud858 Posted February 3, 2019 Share Posted February 3, 2019 If it's not signed and also have signed witnesses it's not a will. Invalid. Link to comment Share on other sites More sharing options...
masterpasser Posted February 3, 2019 Author Share Posted February 3, 2019 9 hours ago, topt said: OP you seem to be eking out the facts/answers which does not make it easy for others to help. As far as you know did the deceased hold the original will or was it supposedly held by the lawyer? If the fomer how do you think it went missing? Who benefits now that did not before? Any reason that you know the deceased would have changed his executor(you) to someone else and do you know this person? How close a friend were you - You could make a case for it all being very suspicious or it could be a change of heart and the deceased chose not to mention it to you........... In answer to your original question however you may want to pm @BlackJack who deals with this kind of stuff. If you have not seen it there is a will topic pinned in the Pattaya forum which he contributes to. We both went to the same Lawyer and drew up our Wills together . We were both given the original signed and witnessed copies for our own way of storing. He would have filed in his condo - It wasn't found by his son who cleared out the place. His girl friend benefits now and is also named as executor to the Will . I was a very good friend. I see no act that could be construed as cause for concern and have no cause to suspect any behaviour by any interested party or otherwise. Link to comment Share on other sites More sharing options...
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