Can I have my Will signed at Australian Embassy?

[aussienam]

Hello,

I have decided to update my Will from Australia and was thinking that instead of having to get a Stat Dec in the Will signed by a Justice of the Peace in Australia, I could instead possibly go to the Australian Embassy in Bangkok and have a Stat Dec signed there?  I am thinking along the lines that it is considered 'Australian Territory'?  Maybe wrong.  Thought it might be an issue with retirees here who have enquired before.  Thanks. 

[Lacessit]

AFAIK Australian officials here are authorised to sign Stat Decs, the one exception being income Stat Decs.

[malt25]

I'd give them a call & ask !

[Techno Viking]

Did you check the website ?

 

https://thailand.embassy.gov.au/bkok/Notarial_Services.html

 

 

[JimHuaHin]

Why do you need a stat dec with an Australian will?  The will needs to be signed by you in the presence of 2 witnesses, who then counter sign the will.  I updated my Australian will in Thailand a few years back.  Followed the above procedure, and then sent the original back to Australia to my lawyer and executor.  No problems.

[4MyEgo]

On 12/6/2020 at 11:41 AM, aussienam said:

I have decided to update my Will from Australia and was thinking that instead of having to get a Stat Dec in the Will signed by a Justice of the Peace in Australia, I could instead possibly go to the Australian Embassy in Bangkok and have a Stat Dec signed there? 

 

I did as JimHuaHin above did, i.e. updated my will here, signed it and got two Aussies over 18 here to witness it, original in safe, scanned copy to my daughter who is also the executor as is my Thai wife and emailed it to her back in Oz.

 

If you go to the Oz embassy expect to pay about $70AUD if not $90AUD for them to sign a stat dec for you which is not a requirement as far as I am aware.

[TigerandDog]

The other thing you need to consider is assets here in Thailand. If you have assets here, then your Aussie will, even if it includes them cannot be enforced/acted on for those assets. For any/all Thai assets you will require a separate will that is written in english AND translated to Thai.

[flynn]

3 hours ago, 4MyEgo said:

 

I did as JimHuaHin above did, i.e. updated my will here, signed it and got two Aussies over 18 here to witness it, original in safe, scanned copy to my daughter who is also the executor as is my Thai wife and emailed it to her back in Oz.

 

If you go to the Oz embassy expect to pay about $70AUD if not $90AUD for them to sign a stat dec for you which is not a requirement as far as I am aware.

Does it have to be signed by Australians ? 

[4MyEgo]

15 hours ago, flynn said:

Does it have to be signed by Australians ? 

Not sure.

 

https://rslaw.com.au/will-recognised-internationally/

Edited December 7, 2020 by 4MyEgo

[TigerandDog]

On 12/7/2020 at 3:23 PM, flynn said:

Does it have to be signed by Australians ? 

NO. You just need to people to sign it that witness you signing it.

[aussienam]

On 12/7/2020 at 1:26 PM, TigerandDog said:

The other thing you need to consider is assets here in Thailand. If you have assets here, then your Aussie will, even if it includes them cannot be enforced/acted on for those assets. For any/all Thai assets you will require a separate will that is written in english AND translated to Thai.

Good advice thanks.  Knew about that requirement actually.  But definitely something all expats should be aware of. 

Will do a Thai one when I've accumulated enough bits and pieces, bank balance etc.   

[aussienam]

On 12/7/2020 at 9:01 AM, JimHuaHin said:

Why do you need a stat dec with an Australian will?  The will needs to be signed by you in the presence of 2 witnesses, who then counter sign the will.  I updated my Australian will in Thailand a few years back.  Followed the above procedure, and then sent the original back to Australia to my lawyer and executor.  No problems.

Thank you, I was just concerned that having a witness outside Australian jurisdiction may be a point of contention in law and did not want any legal issues if the Will is disputed on my passing by other relations that are not included.  I heed the comments thank you.  But just for some additional due diligence I want to check International Law and Wills signed outside Australian jurisdiction.  I understand your lawyer sees no problem and sounds good.

[taxout]

Australia is one of the few countries which has now ratified and put into effect the International Wills Treaty.

 

A will executed outside Australia may be valid even if it does not comply with the treaty. But complying with the treaty should provide more certainty and simplify probate.

 

You'd need to get some professional advice about the particulars of complying with the treaty.