preparing and the execution of a Thai Will

[In Full Agreement]

 

New member but long time lurker.

 

I’ve looked for the formerly pinned information on TVF about Wills  but haven’t had success finding it.     I also searched Google for information about preparing a will in Thailand.   The Google searches came up heavy on advertisements for law firms and that didn’t surprise me.  I actually called a few of them.    I’m not as yet thrilled about what I find on the menu.  

 

I did find this post from March i,  2011 by a current member named Langsuan.   Since I’m a newly registered  member I wasn’t able to reach  him to advise of quoting his post but since I have only have positive things to  say about it I trust he’ll be OK.

 

"If you don't want the Thai government to get your assets then don't let a Thai lawyer get them either

Get an English simple will translated from one of the translating companies you see here at Thai Visa

Go to the Amphur in Bamlamung and have them process and register it for you

 

You will need 1. copy of your Passport (Face page and Visa) 2. A medical certificate available for 100-150 THB from any clinic 3. Original and copy of the Thai and English Will 4. You will need two Thai witnesses (the girls at the Amphur will be most happy to be your witnesses (don't forget to tip) 5. Take your girl so she can show them her Thai ID card 6. 20 THB baht to pay for it all

 

They will witness everything, place the information in their registry book, and will seal the envelope containing the Will in an envelope, place it into storage, and will give you a receipt

Using a lawyer is fraught with danger since they will not register the Will until you are dead and then how do you know that what you wrote is what was registered

This way you maintain control through the whole process. The only caveat is that in case of any dispute the Thai version of the Will will take precedence

BTW. I did the above process less than a year ago and the requirements I cited are directly from the Banglamung Amphur

Who do you trust the most, a lawyer or yourself ? This is one time where the DYI route is the best and safest way to go”

 

 

 

Because of the age of the post, I want to ask if anyone has had experience with doing this registering  procedure at the Amphur since the last years.    While I don't mean to speak disparagingly of lawyers in general, I do have  some serious  reservations.

 

My biggest concern is  the final  execution of the will.  Obviously once a person is dead there's  no going back to correct a mistake.   Almost everything I’ve read has to do with those who are preparing a will.    I have yet to read about those who are the beneficiaries of a will and their experience with its probate.

 

I’d like to hear from those who have had a will prepared and the circumstances of it starting with cost and general services offered by the lawyer  or law firm.

 

I’d also like to hear from those who know about how the will was probated and any problems or such connected with it.

 

[1FinickyOne]

Mine is not probated yet, as I survive, but I have full trust in my lawyer here as well as having trusted people back home. 

 

I will be glad to recommend my lawyer for you and let you know my preparations - you can pm me.. 

[topt]

20 hours ago, In Full Agreement said:

I’d like to hear from those who have had a will prepared and the circumstances of it starting with cost and general services offered by the lawyer  or law firm.

 

I’d also like to hear from those who know about how the will was probated and any problems or such connected with it.

Did you read to the end of that thread (which is pinned)? From memory in there were some specific examples where people used lawyers and some experiences of probate. 

[boonchu]

I have used my Australian will, which was prepared by a solicitor and includes all property details and bank details, had it translated to Thai and stamped. This will be copied and given to the amphur, family members and banks.

[TigerandDog]

Firstly you will need 2 wills if you have assets in your home country that will form part of your estate. Your Thai will cannot include assets outside of Thailand, and it must also include details of your funeral arrangements, viz. cremation, christian service & burial etc or repatriation of your body back to your home country. You also need to specify who your executor will be here in Thailand otherwise everything will be referred to family/relatives, whether estranged or not, in your home country for execution of the will. As others have said you will need to have the will in your native language and translated to Thai. It is not necessary to register the will at your District Office, but it is an option. My Thai partner has access to my will which is why it is not registered. Apart from having 2 people witness the will, our village head has also stamped and signed the will.

[TigerandDog]

57 minutes ago, boonchu said:

I have used my Australian will, which was prepared by a solicitor and includes all property details and bank details, had it translated to Thai and stamped. This will be copied and given to the amphur, family members and banks.

If you have assets in Australia & Thailand you will need 2 wills, 1 for Oz and 1 for Thailand. Overseas wills which include Thai assets are not accepted here, even if translated to Thai, and Thai wills MUST NOT include assets outside of Thailand.

[natway09]

Correct.

An Australian or NZ will has no legal recourse in Thailand.

You need to make one in each country for assets in each country

 preferably all assets being distributed domestically in each country.

If you have an insurance policy in Oz which has a "nominated beneficiary " in Thailand

the Oz side executors will ensure the monies get to the nominee (albiet after they dither for a year or two & Govt takes their 15% off the top

[xylophone]

I have posted this before so here it is again........a Will for Thai assets only, written in Thai and English.

 

You will need a separate Will for assets held in your own country.

last_will_Thai.docx

[In Full Agreement]

On 5/1/2020 at 9:29 AM, boonchu said:

I have used my Australian will, which was prepared by a solicitor and includes all property details and bank details, had it translated to Thai and stamped. This will be copied and given to the amphur, family members and banks.

boonchu, would you please say who you had stamp your will to make it official?

 

I talked with the bank I use in Thailand and was told they absolutely will not keep a copy of the Will or honor anything other than a  probate court order.    Have you tried yet to give a copy of your Will to your bank?

[hotandsticky]

7 minutes ago, In Full Agreement said:

boonchu, would you please say who you had stamp your will to make it official?

 

I talked with the bank I use in Thailand and was told they absolutely will not keep a copy of the Will or honor anything other than a  probate court order.    Have you tried yet to give a copy of your Will to your bank?

 

 

A Will does not need a stamp to make it 'official'. It is official as soon as it is signed and witnessed.

 

 

Any translation of a foreign worded Will needs translation - and certification. Good luck with that - not recommended. A Thai Will for Thai assets and a separate Will for home country assets.

 

The semantics can be debated all day but unless you have had dealings with a Thai court it is difficult to understand the problems that non-Thai Wills can create. Keep it simple - and a Thai bank will not be interested in your Will..... it is only a piece of paper until proved in a court. 

[In Full Agreement]

On 5/5/2020 at 9:47 AM, hotandsticky said:

Any translation of a foreign worded Will needs translation - and certification. Good luck with that - not recommended. A Thai Will for Thai assets and a separate Will for home country assets.

 

 

Would you please explain this  section of your post.    I realize  anything other than Thai language  requires a certified translation but then you add "not recommended".     Please explain.

[In Full Agreement]

The wife called the Amphur and was told a foreigner cannot prepare a will without the  use of a Thai law firm.     I insisted she must have meant it was necessary to use a certified translator  in the process but the answer was no.   A Thai law firm was essential.

 

Regarding the template xylephone was kind enough to post the lady stated it was invalid because the date is incorrect and can't be altered to reflect the current date.

 

Additionally the lady told her that  a "certificate" was needed as well from a person's embassy.   I can only guess this is a  declaration there are no possible claimants against the estate.   Another $50 for the document and the  time and expense of getting to the embassy.

 

It bothers me to think of all the roadblocks that Thai officialdom can throw in the path of a simple important process that can't be corrected once a person dies.

 

 

[In Full Agreement]

On 5/5/2020 at 9:47 AM, hotandsticky said:

 

The semantics can be debated all day but unless you have had dealings with a Thai court it is difficult to understand the problems that non-Thai Wills can create. Keep it simple - and a Thai bank will not be interested in your Will..... it is only a piece of paper until proved in a court. 

 

 

I have dealt with a Thai court and fully realize it could be described as  more than unique.    And yes,  I believe based on my inquiry the bank will not honor anything other than a court order.

[topt]

23 hours ago, In Full Agreement said:

The wife called the Amphur and was told a foreigner cannot prepare a will without the  use of a Thai law firm.     I insisted she must have meant it was necessary to use a certified translator  in the process but the answer was no.   A Thai law firm was essential.

Who was it at the Amphoe and what is their experience and or knowledge of the law? I think you may have to use a Thai lawyer for probate but preparing a will - absolutely not.

23 hours ago, In Full Agreement said:

Regarding the template xylephone was kind enough to post the lady stated it was invalid because the date is incorrect and can't be altered to reflect the current date.

I am sorry but I don't understand. Its a word doc template isn't it? If so it can be altered as you may need to do anyhow possibly for a slightly different provision. The date is what you put in it. 

if you have filled it in and put a wrong date relative to the witnesses signature or something then yes you would have to get that resigned but otherwise I cannot see what she is talking about?

[sungod]

4000 THB for for my Thai will by my lawyer in both English and Thai. I have one, my wife has one, he has one.

 

Am I missing something?

[xylophone]

35 minutes ago, topt said:

Who was it at the Amphoe and what is their experience and or knowledge of the law? I think you may have to use a Thai lawyer for probate but preparing a will - absolutely not.

I am sorry but I don't understand. Its a word doc template isn't it? If so it can be altered as you may need to do anyhow possibly for a slightly different provision. The date is what you put in it. 

if you have filled it in and put a wrong date relative to the witnesses signature or something then yes you would have to get that resigned but otherwise I cannot see what she is talking about?

I contacted my lawyer this morning after reading this and she said that anyone can produce a Thai Will provided it is in keeping with Thai laws and protocol, which the one I posted was.

 

And anyway it was constructed/written by a Thai lawyer and also given the okay by another Thai lawyer, so this should not be a problem.

 

On the word document there are a couple of numbers relating to the previous year on the original will, and these were not deleted (my fault) and as topt has said, it is a word document and those numbers can be deleted/scrubbed and that's all there is to it.

 

Just in case though, there is a clause in the will, "Clause V" which states that alterations can be made, and if they are, the original signatory has to make the change and have it witnessed and dated by two separate witnesses (not family or relatives).

 

As I have said previously, I have given a copy of my Thai Will to my lawyer and she will execute it upon my demise, taking whatever fees are necessary.

 

I would suggest that the lady at the Amphoe is not fully conversant with what needs to happen, or has a lawyer friend in the business which may be used to her advantage?

Edited May 13, 2020 by xylophone

[xylophone]

will_Thai.docx

Edited May 13, 2020 by xylophone

[Oldie]

Perhaps this is of interest. It describes also the allowed forms of a Thai will. According this you can write it yourself without witnesses too. 

 

https://www.samuiforsale.com/law-texts/thailand-inheritance-laws.html

[newnative]

3 hours ago, sungod said:

4000 THB for for my Thai will by my lawyer in both English and Thai. I have one, my wife has one, he has one.

 

Am I missing something?

Nope.  You're good to go.

[SpaceKadet]

21 hours ago, Oldie said:

Perhaps this is of interest. It describes also the allowed forms of a Thai will. According this you can write it yourself without witnesses too. 

 

https://www.samuiforsale.com/law-texts/thailand-inheritance-laws.html

Good link, but, if somebody could just translate it to normal speak... I am terrible at legalese. ????????

[xylophone]

On 5/13/2020 at 9:13 PM, newnative said:

Nope.  You're good to go.

 

On 5/14/2020 at 6:51 PM, SpaceKadet said:

Good link, but, if somebody could just translate it to normal speak... I am terrible at legalese. ????????

I did post a copy of a Thai/English will a few posts ago and in its basic form that will do, and as it is a word document, then it is to be downloaded and the details added (on the computer) before being printed off, signed and witnessed.

 

Just to clear some things up and to make sure I wasn't giving anybody any "dud" information, I did liaise with my lawyer to find out a few other things which would make things easier for one's heirs/beneficiaries once one has departed this mortal coil.

 

She suggested that there are a few things which would make the whole process a lot simpler: – a copy of your passport, or indeed the original passport; copies of bank books and account numbers as well as copies of the car and motorcycle books.

 

I know that these should be easily available for the lawyer when dealing with your will, however sometimes they are not easily found after one's demise, so keeping copies with the Will could well provide a safeguard.