Thai witness to UK will

[JamieForever]

1. is it ok to have 2 Thai witnesses for a UK will (for assets  in UK)?

2. and can my British-Thai daughter (executor) apply for UK probate by post from Thailand ?

thank you

[RichCor]

I'd suggest asking that question of your UK solicitor.

And if one were to use "the Internet" for guidance, then here are THREE examples:

 

(1)     https://www.gov.uk/make-will/make-sure-your-will-is-legal

Make sure your will is legal

For your will to be legally valid, you must:

• be 18 or over

• make it voluntarily

• be of sound mind

• make it in writing

• sign it in the presence of 2 witnesses who are both over 18

• have it signed by your 2 witnesses, in your presence

Signing can be witnessed both in person and remotely (for example by video conferencing). In both cases:

• you must have a clear view of the person and the act of signing

• the will maker (or person authorised to sign on their behalf) and witnesses must sign the same document

You can only sign remotely in England or Wales.

 

!! You cannot leave your witnesses (or their married partners) anything in your will.

 

 

(2)     https://smithpartnership.co.uk/articles/who-can-witness-will

SMITH PARTNERSHIP ARTICLES | WHO CAN WITNESS A WILL

 

Witnessing a Will is no small responsibility and an important decision to make, both for the witness and the person writing the Will. As part of the Wills Act, witnesses are necessary to ensure the document becomes official and legally binding. Without witnesses, your Will is simply an ‘official looking’ document. Selecting your witnesses is an important step in the process. Make sure you understand who can and can’t witness your Will. By understanding this step of the legal process, you can ensure your Will is watertight and that your family is protected.

Before we get into options it is important to remember that witnesses don’t have to read the entire Will. They merely have to sign the attestation page, often at the back of a Will, meaning you can protect the information within if you don’t feel comfortable sharing the effects of your estate. The only time witnesses will need to see the contents of your Will is if any amendments are made to the body of your Will. The witnesses will need to sign for these changes.

WHO CAN’T WITNESS A WILL?

The list of people who can’t sign a Will is much shorter than those who can. The minimum criteria are:

• They must be over 18 years of age
• They cannot be the executor or beneficiary of the Will
• They cannot be related to you, the executor, or the beneficiaries by blood, marriage, or civil partnership

No beneficiaries should witness a Will. In the event of a beneficiary or beneficiary’s spouse witnessing the Will, the beneficiary’s share of the Will would fail.

WHO SHOULD I ASK TO WITNESS MY WILL?

You should choose independent people to witness your Will. A work colleague, friend, neighbour, lawyer, and even GP can be the ideal witness. Witnesses can also be related to each other without affecting the Will so asking friend and his or her spouse can speed up the process.

Asking a GP to witness a Will is advisable when the estate owner is elderly or has a questionable mental capacity. The medical practitioner can ensure that at the signing of the Will the estate owner was of a sound state of mind. It is not uncommon for solicitors to insist upon this in the event of an elderly person’s Will.

PRACTICAL TIPS

While no one under 18 years of age can sign a Will, it is practical to consider witnesses of a younger age. People of your age or lower are more likely to be alive should you pass away so picking someone younger is advisable.

Another practical tip is to avoid using a witness from another country. In the event of your Will being necessary, tracking down and communicating with parties across the globe can be time consuming and delay the execution of your estate.

TWO WITNESSES

Finally, keep in mind you need two witnesses present. Ensure you plan and schedule a time for all parties to witness and sign your Will.

Witnesses should sign the Will with their signature as well as their full name in print lettering, address, and occupation to ensure easy identification. Remember to date your Will to ensure the most current version of your Will is executed.

Writing a Will is a prudent exercise and a good way to ensure your loved ones are protected. The correct witnesses go even further to protect this important document. Understanding who can and should witness your Will is an easy yet important step to get right to ensure your wishes are respected by the law. As always, consult one of Smith Partnership’s solicitors should you have any questions. Our plain-speaking, accessible solicitors are on hand to assist with any and all concerns so contact us with any and all concerns.

 

(3)     https://www.bequeathed.org/wills/overseas-property-assets/overseas-connection-executor

 

Witnesses based overseas
There is no rule to say that the witnesses to your will cannot be based overseas. But in practical terms, you may find it more convenient if they are based in the UK. You will need two independent adult witnesses, who need to sign your will after you have signed it and insert their name, address and occupation. Very occasionally a will’s validity may be disputed at a later date and if this happens, the witnesses may need to be contacted. Of course, there is nothing to stop them being tracked down if they live overseas, but if they are required to give evidence it is usually easier if they live in the UK. 

 

 

 

 

Again, best to ask a independent solicitor, a person of the court, or the solicitor who drafted your documents for guidance if you are currently abroad and require 2 witnesses physically in your presence to see you sign and they then sign confirming such witness to the document.

[Dagfinnur Traustason]

1.Yes

2.Yes

Edited November 22, 2020 by Dagfinnur Traustason