Making a will in Thailand

[Kenny202]

My girl called the lawyer this morning asked about making a will. Very simple, if I die I leave everything I have in Thailand to her. Lawyer says we need to go to his office do the will, then the old 2 witnesses etc and register at the Amphur, usually around 1-3 hours of not only my life but the 2 other people I have to drag down there with me. As we are not married he said not good enough to just make a will and register it with the lawyer same as back home. Anyone else have the same experience or have been told different? Like anything legally can be contested but unless someone can come up with proof that I was off my head etc when I made the will and start legal action normally its cut and dried. I say normal... quite clearly things aren't always "normal" in Thailand 

[Oztruckie]

When I done my will couple of years was all done at lawyers office,no requirement to visit any amphur,5k but total cost,lawyer office in Jomtien.

[Kenny202]

2 minutes ago, Oztruckie said:

When I done my will couple of years was all done at lawyers office,no requirement to visit any amphur,5k but total cost,lawyer office in Jomtien.

Yeah mine said 5k too. I dont care about the money (not that I think $200 is a fair price to draw up a simple paper that his secretary will do anyway). He said because were not married and I have kids etc need to do. I think overkill. If I have to register it at the amphur I may as well do the will myself, I think you can buy them at the stationary shop

[jonwilly]

2 Staff from Lawyers office witness mine and the lawyer accompanied me to Amphure to lodge my will.

 

john

[TallGuyJohninBKK]

13 minutes ago, Kenny202 said:

Yeah mine said 5k too. I dont care about the money (not that I think $200 is a fair price to draw up a simple paper that his secretary will do anyway). He said because were not married and I have kids etc need to do. I think overkill. If I have to register it at the amphur I may as well do the will myself, I think you can buy them at the stationary shop

 

The ability to file an amphur will depends a lot of the particular amphur where you live. Some make it relatively easy for foreigners. Some make it almost impossible. Best to check with your local amphur first on what their will filing requirements are for non-Thais.

 

Also, as best as I recall, there are two different kinds of amphur wills, private ones and public ones. For the private ones, you write it and then they seal it up in an envelope, and no one necessarily knows that it says. For the public one, I believe, the wills officer at the amphur verbally reads out the terms of the will in front of you and the witnesses...  Something along those lines....from memory.

 

 

[Kenny202]

2 minutes ago, TallGuyJohninBKK said:

 

The ability to file an amphur will depends a lot of the particular amphur where you live. Some make it relatively easy for foreigners. Some make it almost impossible. Best to check with your local amphur first on what their will filing requirements are for non-Thais.

 

Also, as best as I recall, there are two different kinds of amphur wills, private ones and public ones. For the private ones, you write it and then they seal it up in an envelope, and no one necessarily knows that it says. For the public one, I believe, the wills officer at the amphur verbally reads out the terms of the will in front of you and the witnesses...  Something along those lines....from memory.

 

 

Taking 2 witnesses is ok in a village where everyone sitting around on their a$$ and probably glad for the trip, My girl doesn't have family around and every one we know here works and is busy. Who wants to sit in an Amphur office for 3 hours? Had the same thing when I had to register my sons legitimacy court order. They went out of their way not to do it, said it had to be done at the office his Tabien Baan was registered (6 hours away). My lawyer called them and assured them it could be done anywhere. That's all changed now apparently but as with dealing with most offices here they seem to spend more time trying to avoid doing something than it would actually take to do what you needed. Was around 2 - 3 hours. Then the boss of the amphur had the hide to put her hand out…(or rather an open envelope already stuffed with cash) and asked for Tamboon (hand out). Her face looked like I had put a sewer rat in her hand when I gave her 100 baht 

 

 

[Kenny202]

My girl enquired at the Amphur this morning and they told her yes it had to be registered and I need a copy in English and in Thai translated and witnessed by ministry of foreign affairs (I assume embassy). They said a company translated will is no good. SO I just pop on a plane and fly down to Bangkok for an embassy translated letter, if they would even the embassy would do it?

 

She is going back to her home Amphur tomorrow and can ask there. Maybe have more luck. I only rent here, don't have a house book etc so technically we should be able to register at any Amphur and will be easier for her to take family along to witness as well. Be interesting to see what requirement they have re translation. 

[TallGuyJohninBKK]

5 minutes ago, Kenny202 said:

My girl enquired at the Amphur this morning and they told her yes it had to be registered and I need a copy in English and in Thai translated and witnessed by ministry of foreign affairs (I assume embassy). They said a company translated will is no good. SO I just pop on a plane and fly down to Bangkok for an embassy translated letter, if they would even the embassy would do it?

 

 

Trying to get the typical Thai to give an accurate rendering of detailed government policies is a virtually hopeless task.

 

What I think they probably really mean, is you do have to get a Thai translation done of the EN version of your will, which can be done by any good translation shop, and then the EN translation has to be certified by the Thai Ministry of Foreign Affairs at BKK CW (or elsewhere). Whether your home country Embassy also needs to get involved, I'm not clear.

 

The MFA certification part itself is not complicated or expensive. And at least for other kind of documents, not sure specifically about wills, the better translation shops located around Embassy locations often have courier services where you don't actually have to go and they send the documents by courier to MFA, they get processed and stamped there, and then returned the same day or next day. 

 

[TallGuyJohninBKK]

54 minutes ago, Oztruckie said:

When I done my will couple of years was all done at lawyers office,no requirement to visit any amphur,5k but total cost,lawyer office in Jomtien.

 

There are several different kinds of wills in Thailand, all perfectly legal if done in the correct way. The amphur will is just ONE of those several kinds of wills. The other kinds don't involve dealing with the amphur office at all, and can be done independently with a lawyer or even without a lawyer.

 

[TallGuyJohninBKK]

49 minutes ago, jonwilly said:

2 Staff from Lawyers office witness mine and the lawyer accompanied me to Amphure to lodge my will.

 

 

When we first inquired at our local district office re doing an amphur will, the witnesses issue was raised, but the wills officer at the time said that we could ask staff working nearby there to do and they would (for a tip).

 

Later, the staff at the local district office changed and the new one specifically said no staff there could/would serve as witnesses for a will, and we'd have to bring out own witnesses separately.

 

Never hurts to ask at the local office you're dealing with. As with so many things here, the actual policies and practices can vary widely from place to place.

 

[Kenny202]

What about making a will in Australia with my Lawyer and translating / registering it at the Amphur? Would it be recognised here?

 

I can't see why not as it is effectively a document wherever it was drawn up.

Speaking with my Lawyer back home today and they can do the lot including a trust account for my son when he turns 18yo. Would make mention of assets in Thailand etc. Questionable whether a trust account can be done for a child in Thailand and even if your Lawyer does this I believe you effectively give them Power of attorney to do as they wish relying on their "ethics". I would rather have the money sitting in Australia for my son and well away from the clutches of his mother who left him when he was 3 months old. 

[safarimike11]

On 11/4/2019 at 11:28 AM, Kenny202 said:

Yeah mine said 5k too. I dont care about the money (not that I think $200 is a fair price to draw up a simple paper that his secretary will do anyway). He said because were not married and I have kids etc need to do. I think overkill. If I have to register it at the amphur I may as well do the will myself, I think you can buy them at the stationary shop

Maybe easier to just get married?

[jayceenik]

I had my simple Will (everything I own in Thailand goes to my TGF, mostly a couple bank accounts) done four years ago in Pattaya at a Law Office advertised on TV.

Done in English and Thai. Two staff lawyers for witnesses. No mention of Amphoe registration.

Paid 10k baht.

 

An Amphoe registered Will is altogether different from the one I did.

And so is a hand-written holograph Will.

I choose the Will done by lawyer. More expensive but easier to do.

[Kenny202]

Just to follow up ended up having my will done in Australia covering Thailand and Australia. The bulk of anything I have will always be in Australia so made sense. I have since seen my Thai Lawyer and he says the Aussie will is fine for Thailand. I thought I would need to get a translation done, notarised and lodge a copy at the Amphur. Apparently Amphur registration only necessary for a hand written will that they sometimes do in the villages.

 

He is going to witness the Australian will for me (fine by my Australian Lawyer) but also wants me to fully sign and witness another copy which will effectively be a seperate will in Thailand and held by him in his office. I will be getting the translation done as well so my missus has something more than a foreign document in her hand that no one can read if someone comes knocking. The lawyer wasn't interested in a translation. He said if it got to the stage of going to court he'd get an official translation done at the court.