THAI WILL

[philisok]

I have a Thai WIll in place drawn up legally by a Thai Lawyer.

Problem is I need to make changes to my Will but I am back in my own Country and not able to return to Thailand due to medical reasons.

I contacted my Thai Lawyer who prepared the Will but they are quite firm that I need to be there in person to sign changes to the Will.

Can anyone help?

 

 

 

[bkk6060]

Help with what?

Sounds like your lawyer is being lazy.

Have him send you the changes then get them notarized or whatever you do in your country.

Then send them back.

Take photos of it if he wants proof.

[CharlieH]

As far as I am aware it doesnt matter where you are or what country you are in, if you make a new will it wipes out any previous wills anywhere.

So just go make a new one, send a copy of the new one to the Thai lawyer.

[scoutman360]

35 minutes ago, CharlieH said:

As far as I am aware it doesnt matter where you are or what country you are in, if you make a new will it wipes out any previous wills anywhere.

So just go make a new one, send a copy of the new one to the Thai lawyer.

Exactly. There are a few things that must be in a Thai WIll to make it legal, but being in Thailand for a signature is not one of them. Nor do you need a lawyer to make one. You can make the changes yourself, get the changes translated into Thai, and find a couple of witnesses to sign the new version. Done.

[philisok]

I thank all for your help but I have since contacted a well known Thai Legal Firm and here is a Snippet of what they said;

"Firstly, it is true that you will need to come to Thailand to sign the will in person before two Thai witnesses.

 

Second;y, please note that "TRUST LAW" is not applicable under Thai law. Kindly be advised that a will drafted under Thai law will be good for the properties located in Thailand. The property(s) located in other jurisdiction should be listed in a will drafted under such country's law.   

Unlike in European countries, it is not required that the will drafted under Thai law must be signed before and/ or kept by a notary public", They went on to say"

Our service fee for drafting, revising or updating a will starts at 30,000 THB + 7%VAT for one person and 40,000 THB + 7% for husband and wife's will. This varies depending on the complexity of the will. The will will be in both Thai land English language"

Well the thing is, the Thai Lawyer who prepared the original Will in Thai and English only charged me 5000baht Total.

So who is right?

 

[saengd]

The going rate for the past few years to write a simple will in both English and Thai, using a Thai lawyer, is between 5,000 and 6,000 baht but I have heard it said you can pay more, if you want to! And yes, any codicil or new will needs to be signed in the presence of witnesses.

[CharlieH]

You may find this of interest and value.

 

https://www.samuiforsale.com/family-law/forms-of-wills-under-thai-law.html

 

Also downloadable Thai/English forms here too.

[scoutman360]

20 hours ago, philisok said:

I thank all for your help but I have since contacted a well known Thai Legal Firm and here is a Snippet of what they said;

"Firstly, it is true that you will need to come to Thailand to sign the will in person before two Thai witnesses.

 

Second;y, please note that "TRUST LAW" is not applicable under Thai law. Kindly be advised that a will drafted under Thai law will be good for the properties located in Thailand. The property(s) located in other jurisdiction should be listed in a will drafted under such country's law.   

Unlike in European countries, it is not required that the will drafted under Thai law must be signed before and/ or kept by a notary public", They went on to say"

Our service fee for drafting, revising or updating a will starts at 30,000 THB + 7%VAT for one person and 40,000 THB + 7% for husband and wife's will. This varies depending on the complexity of the will. The will will be in both Thai land English language"

Well the thing is, the Thai Lawyer who prepared the original Will in Thai and English only charged me 5000baht Total.

So who is right?

 

"Firstly, it is true that you will need to come to Thailand to sign the will in person before two Thai witnesses."

No, no and no. I have never heard this before. Please check with another source.

 

"Second;y, please note that "TRUST LAW" is not applicable under Thai law. Kindly be advised that a will drafted under Thai law will be good for the properties located in Thailand. The property(s) located in other jurisdiction should be listed in a will drafted under such country's law."

YEP. TRUE  

 

Your Thai WILL is for the assets you have in Thailand. Whatever you have in your home country is different and not included here. Be fearful of Thai lawyer's advice here. They are only looking for your money. Do some Google research and you will see so much how this lawyer did not tell you the truth.

 

You do NOT need your WILL drafted or signed by a notary republic anywhere or by anyone. Your personal copy is legitimate and legal by anything you write. Just make it in Thai language and signed by 2 witnesses.

[topt]

On 1/11/2020 at 7:03 AM, CharlieH said:

Also downloadable Thai/English forms here too.

Note the download is $20 and unfortunately you cannot see an outline before paying.