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Posted

Been meaning to make a legally binding will for some time. (I'm from USA but living here 14 years on retirement visa.) Not sure, but guessing I need a lawyer to help with this? If so, can anyone recommend an English speaking lawyer (or barrister to Brits?), hopefully in upper Sukhumvit area (Ekamai to Bangna)? Or lower Sukhumvit otherwise. (I already was recommended one in Silom, but would prefer to not go that far.) Thx

Posted

Sunbelt Asia can do it, and they are not far from you. I have used them before. Be aware that you do not need a lawyer, nor do you need to register the Will at a local Amphur for it to be valid in Thailand. That is a myth.  You can find many Will templates online for free. What you do need is this:

 

The Will written in Thai language (English can be included)

The Will must state who will be your Executor of the Will

The Will can only cover assets located in Thailand. You must have a separate will for assets in another country.

The Will must be signed by 2 witnesses

The Will should have all contact information of the Executor, and people who will receive your assets.

 

All of the above you can do yourself, along with a Translation company to assist. Make sure you have more than one copy with original signatures, and tell a good friend or family member where to find it.

  • Like 2
Posted
11 hours ago, scoutman360 said:

Sunbelt Asia can do it, and they are not far from you. I have used them before. Be aware that you do not need a lawyer, nor do you need to register the Will at a local Amphur for it to be valid in Thailand. That is a myth.  You can find many Will templates online for free. What you do need is this:

 

The Will written in Thai language (English can be included)

The Will must state who will be your Executor of the Will

The Will can only cover assets located in Thailand. You must have a separate will for assets in another country.

The Will must be signed by 2 witnesses

The Will should have all contact information of the Executor, and people who will receive your assets.

 

All of the above you can do yourself, along with a Translation company to assist. Make sure you have more than one copy with original signatures, and tell a good friend or family member where to find it.

Thanks. So looks like I can make a will to cover Thailand by myself (with a translator probably). But the majority of my money is with a US investment firm. Do you know if I can also make a separate will covering that in the same way? If I get two American friends here to sign as witnesses, is that sufficient?

Posted (edited)
9 hours ago, OliverKlozerof said:

Thanks. So looks like I can make a will to cover Thailand by myself (with a translator probably). But the majority of my money is with a US investment firm. Do you know if I can also make a separate will covering that in the same way? If I get two American friends here to sign as witnesses, is that sufficient?

There are plenty of Thai translation services to provide a certified Thai translation for your Thailand will. I am sure they are cheaper than a lawyer. I strongly recommend you start out with a Will template from online somewhere. There are plenty. Google is your friend.

As for your U.S. investments, do the same, you can use the same template, but it won't need to be in Thai language because only the U.S. courts will be involved with that money. The U.S. witnesses will be fine for the U.S. money. I did some research for my Will, and a few websites said that if you are an expat, and you don't have any state residence, then your executor should go to the state court that you are most connected to (such as a former resident, or if you have property there).

Edited by scoutman360
  • Like 1
Posted (edited)
23 hours ago, OliverKlozerof said:

But the majority of my money is with a US investment firm

I have a Schwab Investment account and they have some specific forms that must be filed regarding wills that bequeath asserts to beneficiaries in countries other than the USA.  Your investment account holder probably has similar documents that must be filed.  Best talk to your account representative directly how to go about bequeathing US based assets.  

 

A friend who served as executor of another friends estate in Thailand found that it was extremely important that all banking and residential details of beneficiaries be up to date and maintained. He had great difficulty because an account number or passbook number had been changed but not recorded.  Best to get professional advice if the money you bequeath is in a Thai bank account. 

Edited by dddave
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  • Thanks 1
Posted
2 hours ago, dddave said:

I have a Schwab Investment account and they have some specific forms that must be filed regarding wills that bequeath asserts to beneficiaries in countries other than the USA.  Your investment account holder probably has similar documents that must be filed.  Best talk to your account representative directly how to go about bequeathing US based assets.  

 

A friend who served as executor of another friends estate in Thailand found that it was extremely important that all banking and residential details of beneficiaries be up to date and maintained. He had great difficulty because an account number or passbook number had been changed but not recorded.  Best to get professional advice if the money you bequeath is in a Thai bank account. 

Ha! All my money is also in Schwab. I guess I could log in and search, but is there a place there where I can designate what's to be done with my assets if I die? Er, all those assets are in Schwab's (US funds).

Posted

You don't need legal advice to make a will, you can download a kit or just write it out yourself, as long as its witness properly, it's legal.

 

Posted
On 8/12/2020 at 2:52 PM, OliverKlozerof said:

Ha! All my money is also in Schwab. I guess I could log in and search, but is there a place there where I can designate what's to be done with my assets if I die? Er, all those assets are in Schwab's (US funds).

I consulted with my Schwab advisor while I was in Boston and he showed me the documents required to bequeath assets to a person outside the USA but I believe they must also be in the frame work of a legally filed will.  

I've had excellent service with Schwab CS calling them on Skype.  If you have a landline, you can arrange for them to call you back at their expense.  I'm sure they will have the information you need.

  • 4 weeks later...
Posted

I've used Isaan Lawyers (look them up) they are extremely good and very reasonable. It was all done via email. 4 wills, bi-lingual, one standard and one living will for both me and my wife. I used them to update them when I became a Thai citizen too. Very professional and fast.

Posted

NEBA Wealth Management can also do Wills in addition to their normal investment advice. I have used them for myself, and if memory serves me right it was approx 15,000 baht which was a lot cheaper than other places. Good straight forward advice and trustworthy guys.

 

They can be contacted at [email protected]

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