Kenny202 Posted January 11, 2020 Share Posted January 11, 2020 Need to get a will witnessed and would rather have someone of position sign and witness it. Is a notary here the same as a Justice of the peace ie official title or anyone of position eg teacher, police, solicitor etc Link to comment Share on other sites More sharing options...
SkyFax Posted January 11, 2020 Share Posted January 11, 2020 If this will involves assets in Australia (?), I wouldn't take it anywhere but the Australian Embassy in Bangkok. https://thailand.embassy.gov.au/bkok/Notarial_Services.html Link to comment Share on other sites More sharing options...
xylophone Posted January 11, 2020 Share Posted January 11, 2020 For getting a Will and a couple of other legal documents witnessed, I have used my local bank manager, because all that person does is to witness that you are the person signing the Will (using a passport and photograph), and that the signature is yours. The New Zealand government has been happy with this arrangement as has my New Zealand lawyer. Link to comment Share on other sites More sharing options...
Kenny202 Posted January 11, 2020 Author Share Posted January 11, 2020 18 minutes ago, SkyFax said: If this will involves assets in Australia (?), I wouldn't take it anywhere but the Australian Embassy in Bangkok. https://thailand.embassy.gov.au/bkok/Notarial_Services.html It involves assets in Australia and Thailand, but after signing / witnessing the original will will be lodged with my Lawyer in Australia. A copy will also be translated, notarised and registered at the Amphur here covering Thai assets. Link to comment Share on other sites More sharing options...
SkyFax Posted January 11, 2020 Share Posted January 11, 2020 I only know the situation as an American but, if the will was ever contested in a US Court, any notary in Thailand other than from the US Embassy could be challenged and excluded. 1 Link to comment Share on other sites More sharing options...
Kenny202 Posted January 11, 2020 Author Share Posted January 11, 2020 Just now, xylophone said: For getting a Will and a couple of other legal documents witnessed, I have used my local bank manager, because all that person does is to witness that you are the person signing the Will (using a passport and photograph), and that the signature is yours. The New Zealand government has been happy with this arrangement as has my New Zealand lawyer. Quote Yes you are correct. My lawyer told me whoever is witnessing it doesn't need to read the document, all they are doing is witnessing your signature and they didn't even specify who it needed to be re an official or a notary. Try telling a Thai official that though. I just feel I would be happier having someone more official (and traceable) to witness it. I am actually thinking about asking the guys at the local police station. They still wont understand they are just witnessing it, not actually approving something so will need to take the translation with me. Tried one Amphur about registering the will there and boss obviously didn't have a clue coming up with suggestions like no need to worry about a will...and easier to get married. It sounded like she thought she would be approving the legality of the will or something. I have had similar experiences here where they are too proud to say they are not sure and ask someone else or make a call, so they fob, stall and hope you go away. Link to comment Share on other sites More sharing options...
xylophone Posted January 11, 2020 Share Posted January 11, 2020 40 minutes ago, Kenny202 said: It involves assets in Australia and Thailand, but after signing / witnessing the original will will be lodged with my Lawyer in Australia. A copy will also be translated, notarised and registered at the Amphur here covering Thai assets. I was advised by a lawyer here, and my lawyer back in NZ, to have two separate Wills, one to cover the assets I hold in NZ and a separate one to cover the assets I hold here in Thailand. If you're not happy with the bank manager aspect, then any lawyer will sign it and put their necessary company stamp on the document, and that will suffice. Link to comment Share on other sites More sharing options...
SkyFax Posted January 12, 2020 Share Posted January 12, 2020 (edited) OP obviously will not be around to know, but if he thinks that there may be persons in Australia who would not be happy with the terms they receive in his will or by being excluded in his will, then I would have the will notarized at the Australian Embassy in Bangkok. I would say the same for a person of any country as regards his will in his home country if he thinks there may be some controversy in administering the will -- get it notarized at their Embassy in Thailand not by some Thai lawyer with no legal standing in ones home country. Edited January 12, 2020 by SkyFax 1 Link to comment Share on other sites More sharing options...
elgenon Posted January 12, 2020 Share Posted January 12, 2020 Notaries are available at the American embassy. Don't know what they charge currently but used to be $50. Link to comment Share on other sites More sharing options...
elgenon Posted January 12, 2020 Share Posted January 12, 2020 Unless not. 555 Link to comment Share on other sites More sharing options...
Searat7 Posted January 12, 2020 Share Posted January 12, 2020 I found a notary in Sathorn (near Chong Nonsi) a few months ago to notarize a USA probate document for me. The charge was 500b. Link to comment Share on other sites More sharing options...
Popular Post newnative Posted January 12, 2020 Popular Post Share Posted January 12, 2020 Thai notaries are lawyers that have been licensed as notary attorneys to notarize documents and witness and notarize signatures, etc. They are authorized by the Thai Lawyers Council of Thailand. 4 1 Link to comment Share on other sites More sharing options...
Thomas J Posted January 12, 2020 Share Posted January 12, 2020 20 hours ago, Kenny202 said: Need to get a will witnessed and would rather have someone of position sign and witness it. Is a notary here the same as a Justice of the peace ie official title or anyone of position eg teacher, police, solicitor etc Most law offices have notaries. Also I do know the U.S. Embassy has notary service for U.S. citizens. Link to comment Share on other sites More sharing options...
HHTel Posted January 12, 2020 Share Posted January 12, 2020 Quote In general, a Thailand notary public has no authority to act when not in the jurisdiction of the government where the notary is licensed. Thailand is not a party to the Hague Convention on Legalization of Foreign Public Documents and the government does not license notaries public. However, if you need notary services in Thailand, a “notarial service attorney” may be able to meet your needs. In other cases you may need the help of an embassy or the Thai Ministry of Foreign Affairs. Or you may need certification from some combination of the above authorities. Link to comment Share on other sites More sharing options...
SkyFax Posted January 12, 2020 Share Posted January 12, 2020 OP could talk to these people near Fairy Plaza: https://www.nyconlinetranslation.com/notary-public1.html Link to comment Share on other sites More sharing options...
Orac Posted January 12, 2020 Share Posted January 12, 2020 1 hour ago, newnative said: Thai notaries are lawyers that have been licensed as notary attorneys to notarize documents and witness and notarize signatures, etc. They are authorized by the Thai Lawyers Council of Thailand. Though they are licenced in Thailand they are technically not recognised internationally though it is very rare for them to not be. Thailand is not a signatory to the Hague Convention that covers notorisation so has not officially appointed a body to authorise notaries. 1 Link to comment Share on other sites More sharing options...
DUNROAMIN Posted January 12, 2020 Share Posted January 12, 2020 Was requested to have an Identity document notarized for my fathers estate, the Australian government trustee and guardianship executors would only except ( Siam Legal ) to notify my documents. Link to comment Share on other sites More sharing options...
Kenny202 Posted January 12, 2020 Author Share Posted January 12, 2020 (edited) 28 minutes ago, DUNROAMIN said: Was requested to have an Identity document notarized for my fathers estate, the Australian government trustee and guardianship executors would only except ( Siam Legal ) to notify my documents. When I applied for citizenship for my son, the schoolteacher next door witnessed everything. There was even a stamp or title attached to the signature, not even her printed name from memory. Came back approved no problems at all Edited January 12, 2020 by Kenny202 Link to comment Share on other sites More sharing options...
Just Weird Posted January 12, 2020 Share Posted January 12, 2020 (edited) 5 hours ago, Orac said: Though they are licenced in Thailand they are technically not recognised internationally though it is very rare for them to not be. Thailand is not a signatory to the Hague Convention that covers notorisation so has not officially appointed a body to authorise notaries. I've used a Thai law firm, Interactive Associates, Two Pacific Place, 02 653 0043, (now part of Acclime, 02 072 6020) many times for notarising documents for UK government agencies and UK banks and they have never been questioned. Edited January 12, 2020 by Just Weird Link to comment Share on other sites More sharing options...
Just Weird Posted January 12, 2020 Share Posted January 12, 2020 On 1/11/2020 at 4:01 PM, Kenny202 said: Need to get a will witnessed and would rather have someone of position sign and witness it. I've used a Thai law firm, Interactive Associates, Two Pacific Place, 02 653 0043, (now part of Acclime, 02 072 6020) many times for notarising documents for UK government agencies and UK banks and they have never been questioned. Link to comment Share on other sites More sharing options...
SkyFax Posted January 12, 2020 Share Posted January 12, 2020 (edited) (However,) Thailand has not yet enacted OFFICIALLY an Act of the Parliament for “Notary Public” which could make a problem. At the moment, it's only a regulation of the Thai Lawyer's council. For instance, if you need a document to be used in a Foreign Court of justice, and if the other party contest this document, they could win. They could plead that Thai Law does NOT recognize notarial services, which is true. https://thailawonline.com/en/others/documents/how-to-notarize-a-document.html Edited January 12, 2020 by SkyFax Link to comment Share on other sites More sharing options...
ThaiWai Posted January 12, 2020 Share Posted January 12, 2020 On 1/11/2020 at 5:53 PM, SkyFax said: I only know the situation as an American but, if the will was ever contested in a US Court, any notary in Thailand other than from the US Embassy could be challenged and excluded. Thank god for that Link to comment Share on other sites More sharing options...
SkyFax Posted January 12, 2020 Share Posted January 12, 2020 3 hours ago, ThaiWai said: Thank god for that You're welcome -- none of those who have said "I used a Thai notary and no problem" have said, as above, that a Thai notarized document was challenged in Court. Link to comment Share on other sites More sharing options...
Kenny202 Posted January 12, 2020 Author Share Posted January 12, 2020 15 hours ago, SkyFax said: OP could talk to these people near Fairy Plaza: https://www.nyconlinetranslation.com/notary-public1.html Thanks for that. In the case of a will and translation, what exactly am I having notarised? The witnesses / my signatures on the will or the translation itself or both? Link to comment Share on other sites More sharing options...
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