Making a Thai Wills

[Kismet]

I am on Retirement Extension for more than 8 years.

I have a Condo and some savings in Thai banks.

I wish to make a Will in Bangkok to pass it to my siblings out of 

Thailand.

I was told that I could make a Will (in Thai & English) by not

using a lawyer. In order to save money.

I was told that when my will is prepared, I could go to the

District Office or Land Dept to get two witnesses and have it

done in front of the officer. I keep one copy and they keep one copy.

It this possible ? Or is there a better option ?

Your kind advice is much appreciated.

Thanking you all in advance.

[Peterw42]

Yes thats basically it, make a will and lodge it at the local ampher, they keep a copy and you have a copy.  (fees are very small, if any, a few hundred baht)

When you are gone the executor of the will would turn up at ampher with will and death certificate, after a period of time probate is granted etc

[Kismet]

Thank you very much Peterw42. Much appreciated.

You make it my day. Thank you once again. Khap Khun Khap.

[Delight]

 just some advice.

In the regular way your benficiary will have to bring monies into Thailand equivalent to the appraised value of the condo.This grants the beneficiary a FET . The land office require this certificate into to carry out the transfer. The stated alternative is sell the condo. It must be sold within one year.

The alternative is to ensure that the executor and the beneficiary are the same person.

When probate is complete the condo will be in the name of the executor. Let it stay that way. The executor -when ready to sell- transfers to a new buyer . The new buyer provides the FET.

 

The will that you will obtain from the local Amphur will ,I am guessing ,only be in Thai.

Also it is better to have more than one original.

 

 

 

[Delight]

2 hours ago, Peterw42 said:

Yes thats basically it, make a will and lodge it at the local ampher, they keep a copy and you have a copy.  (fees are very small, if any, a few hundred baht)

When you are gone the executor of the will would turn up at ampher with will and death certificate, after a period of time probate is granted etc

Peter w42 you make the amphur process seem very simple and low cost

Q  Can the amphur issue probate-such that there is no need for a probate lawyer?

Of course the family will take care of the body and the funeral in  the case of a Thai death.

If so then in the OP's case -who will arrange to:

Take care of the body ?

Pay any hospital bills ?

Organise and pay for the funeral ?

Advise the amphur ?

Advise his siblings -outside Thailand .

I presume the amphur cannot assist with these tasks.

Am I correct?

 

 

[Peterw42]

8 hours ago, Delight said:

Peter w42 you make the amphur process seem very simple and low cost

Q  Can the amphur issue probate-such that there is no need for a probate lawyer?

Of course the family will take care of the body and the funeral in  the case of a Thai death.

If so then in the OP's case -who will arrange to:

Take care of the body ?

Pay any hospital bills ?

Organise and pay for the funeral ?

Advise the amphur ?

Advise his siblings -outside Thailand .

I presume the amphur cannot assist with these tasks.

Am I correct?

 

 

Yes thats right, amphers dont do funeral arrangements.

[Delight]

2 hours ago, Peterw42 said:

Yes thats right, amphers dont do funeral arrangements.

 Thanks Peterw24

However -can they issue probate documents?

[SkyNets]

Anybody have a Eng/Thai Will template?

[Peterw42]

42 minutes ago, Delight said:

 Thanks Peterw24

However -can they issue probate documents?

I think technically you can do it yourself (the executor) dealing with the ampher, take documents to court etc but most people, including Thais, get a lawyer to do it.

My wife started doing it all herself when her mum died but soon realised the system was geared up for lawyer involvement.

I gave the simplified version in my OP, lol

[Delight]

38 minutes ago, Peterw42 said:

I think technically you can do it yourself (the executor) dealing with the ampher, take documents to court etc but most people, including Thais, get a lawyer to do it.

My wife started doing it all herself when her mum died but soon realised the system was geared up for lawyer involvement.

I gave the simplified version in my OP, lol

Thanks Peter 42.

A useful answer.

I now therefore think that the OP should involve a lawyer  to organise a will . That same lawyer can then deal with all the issues  post his death.

I understand the cost issues -given that he lives in Bangkok.

I can recommend an excellent law firm -with a Englishman in charge.

The downside -that law company is in Pattaya

[Delight]

2 hours ago, SkyNets said:

Anybody have a Eng/Thai Will template?

 Anybody can draw up a will

Wording such as

'This is my last will and testament ' has to be front and centre

You must name the administrator and  a back up administrator.These people must be easy to contact. Ofcourse they must firstly agree.

The main body of the will must name the beneficiaries and a simple way for them to be contacted.

The purpose of a will is to specify who gets what -as per your desires

Essential that your signature is witnessed by 2 independent persons. Their address's must feature.

Simple

English only is fine

A do it yourself will has all the inherent problems of 'what happens post your demise'. I detailed some of these issues in my earlier posts.

You really need to think about that and generate a plan.

[micky]

Assuming I want to register my Will in the Ampher (District Office), 

my questions is this.

1. Is my Will written in English will be accepted ?

2. Or it must be translated in Thai ? Meaning it must be in Thai ?

3. If I am go to a lawyer, have I got to register to the Ampher ?

   Is it necessary to go through a lawyer ? Or just go the Ampher

   will do - to save costs ?

Please kindly advise. Much appreciated.

Thanking you all in advance.

 

 

[motdaeng]

On 5/22/2019 at 12:38 PM, Delight said:

 ...

Essential that your signature is witnessed by 2 independent persons. Their address's must feature.

...

 

according to my own research handwritten will do not necessary need to have two witness ... (?)

 

Archiv.zip

[Delight]

7 hours ago, motdaeng said:

 

according to my own research handwritten will do not necessary need to have two witness ... (?)

 

Archiv.zip 795.98 kB · 1 download

That may well be correct.

If the probate authorities accept this arrangement -then fine.

If not then the will has no value.

Difficult to understand why anybody would take a  chance.