Wills-

[cm-happy]

My will, drawn up by my attorney in USA, does it cover my assets here in Thailand ie bank accounts,stock, real estate etc.

Or should I have a Thai attorney draw up a separate will for local assets?

I know this is probably a question for my attorney here, but if I ask he'll see $$ and insist that he draw up a will for me here in Thailand.

[srifah]

My will, drawn up by my attorney in USA, does it cover my assets here in Thailand ie bank accounts,stock, real estate etc.

Or should I have a Thai attorney draw up a separate will for local assets?

I know this is probably a question for my attorney here, but if I ask he'll see $ and insist that he draw up a will for me here in Thailand.

Usually the will is written that "I revoke all prior wills" or the header shown " The Last Will and Testament of ---", if you have another will draw-up--that would override your last, wouldn't it? Also there is a Residency Clause, you may temporarity reside outside the State of---, but your desire that your will be probated in .... I'm not sure that you want to make another Will in Thailand although your Thai lawyer would draw another one for you.

If you have the assets in Thailand, can you have those specified for beneficiary instead of another will? I would be very careful about this.

[smilingjim]

My will, drawn up by my attorney in USA, does it cover my assets here in Thailand ie bank accounts,stock, real estate etc.

Or should I have a Thai attorney draw up a separate will for local assets?

I know this is probably a question for my attorney here, but if I ask he'll see $$ and insist that he draw up a will for me here in Thailand.

The general rule is to draw up a will for each country in which you have assets.This avoids any disputes and arguments over assets/jurisdiction.

Jim

[Crash999]

Agree with Jim- best to draw one up in Thailand. Process is quick and relatively inexpensive.

[srifah]

The general rule is to draw up a will for each country in which you have assets.This avoids any disputes and arguments over assets/jurisdiction.

Jim

Jim, I'm just wondering though. If the Will is a legal document and you have another one for each country over jurisdiction, how about married license--can you have a different one in different countries? Just my logic point of view, I'm not sure this would be okay for the subject of the will/married since I haven't seen any evidence to support this. Probably you can shed some light on it.

[macb]

My will, drawn up by my attorney in USA, does it cover my assets here in Thailand ie bank accounts,stock, real estate etc.

Or should I have a Thai attorney draw up a separate will for local assets?

I know this is probably a question for my attorney here, but if I ask he'll see $$ and insist that he draw up a will for me here in Thailand.

Have a look atthese two links

1. is a topics on here about wills I found for you

http://www.thaivisa.com/forum/index.php?sh...46&hl=wills

2 Is a Web site realting to wills

http://rds.yahoo.com/_ylt=A0geu.IvATRGxfoA...patwills.co.uk/

[ProThaiExpat]

In most cases, wills are one of the easiest documents for a lawyer to prepare and in the U.S. at least, they are often done for free, if the testator is a regular client.

The basic principle to remember is a court, usually a probate court, will be interpreting the will if there is any dispute. In adjudicating a will, a probate judge concerns himself almost exclusively with determining the "will" (desire) of the testator (deceased).

Therefore, when drafting a will or more than one will, with or without a lawyer, the most important thing is to make your desires known clearly in writing.

Obviously, if you choose to make a will for your assets only in Thailand, then make it clear in that document that it applies only to your Thai assets. Thus, while it might supersede a previously drawn will, it will do so only as to the assets in Thailand, which is your intent in any case.

To be super cautious, attaching a codicil, (an amendment) to your previous will, in which you indicate that you have created a Thai will to dispose of assets in Thailand, is a good idea.

In Thailand, if you are married, and desire to leave assets to anyone other than your wife or children, a lawyer should draft the will to make sure it conforms to Thai law.

Edited April 29, 2007 by ProThaiExpat

[Old Man River]

While as a matter of law a Thai will would cover assets abroad (according to my US attorney), it is still adviseable to have an offshore will as aspects of your offshore assets may be better understood in the country where the bulk of your assets are domiciled. An example would be if you have an offshore trust. There are no trust laws in Thailand, therefore your intent on disposition of assets in a trust may not be fully understood locally. I am sure there are other examples as well.

[srifah]

When my sister passed away without a will, my mother received her estate but tangled in court for many years due to my sister's boyfriend took her to court. The Thai law interpreted that eventhough they were not married, they've been accepted as husband and wife therefore he got a part of it.

Although you having a Will, it needs to go to probate that may take up to six months. Some of it you can bypass by assigned a beneficary, e.g. bank account with POD (pay opon death), life insurance. A benefiary can get the death certificate and shows to the institutions. For a real estate, many farangs do not own the property but lease for a long time, there's a way you can do, not many things in Thailand that imposible. Good luck!

[Alf Witt]

Can a Thai will be in a language other than Thai?

What about executors? Must they be Thai or can they be farang?

Thanks

[srifah]

Can a Thai will be in a language other than Thai?

What about executors? Must they be Thai or can they be farang?

Thanks

My personal experience (it's not a Will), the US legal documents was accepted in Thailand as long as you have them translated, notarized, and submitted to the Thai Ministry of Foriegn Affairs. In my case I had the service co. in LA translated, submitted to the US Embassy, stamped and sent back to me.

I don't see why the Thai wouldn't accept the Will in any languages which translated into Thai and certified by above.

For executor--if farang appointed? is he staying in thailand or aboard? you have to think though--even the thai accepted everything, do business in Thailand (especially with the government), may stretch it out for a very long time whether you are thais or farangs. And if your executor lives aboard, do you think it will worth his time and (your) money travel to Thailand with no time line?

It's a little complicated, I suggest you see the thai lawyer with your scenerio.

[Maizefarmer]

You are at liberty to appoint ANYONE as an executor of your will - Thai or non-Thai, resident or non-resident - Thai law is clear on that. However, as said above, you really need to consider the practicalities of appointing an executor who resides half way round the world.

Overall, if you have assets in Thailand (cash, land or business), you really are best off having all the T's crossed and the I's dotted i.e. get a copy of your will written up in Thai using Thai law (at least as far as the Thai assets of your estate are concerned) - too many horror stories in the past about contested wills of foreigners assets in Thailand, usualy arising because the will lacked Thai translation or because what was written up was not in accordance with Thai heritance law and foreign asset ownership/transfer restrictions e.g. Just one of many real past examples: business setup and owned by an American citizen under the Treaty of Amity - owner dies and leaves business to partner who is not a USA citizen but say a UK citizen! There will be a problem, as only USA citizens can own businesses in Thailand (under Treaty of Amity)? The whole business will have to re-structered.

Land and houses are a bit more striaghtforward - just make sure the long lease on the land allows tranfer of the lease to whoever you nominate.

Personal cash in the bank is just that: personal cash in the bank - you can give it to whoever you wish (no nationality complications on that).

MF