Last Will

[alanross]

Has anyone purchased a will templete from the facebook ad?

[KannikaP]

I haven't!

[TSF]

2 hours ago, alanross said:

Has anyone purchased a will templete from the facebook ad?

No but if it's for use in Thailand you really should go through a Thai legal firm and make sure everything is done correctly according to Thai law. Not much point making a DIY will only to have it knocked back after you snuff it.

[starky]

There are many variations of Thai will template's available for free. There would be no need to purchase one of Facebook imo. I would however as stated by TSF ensure that any template I acquired was correctly completed and registered.

[JimGant]

6 hours ago, starky said:

ensure that any template I acquired was correctly completed and registered.

The legalese often included in templates is not necessary. Just write in plain language your own Will, remembering to be specific about certain assets, like bank accounts (the Thais like a little more definition of assets, not just "I leave everything" to my wife). A video of you and your two witnesses signing the Will, with maybe a close up of what's on the Will, is also good insurance.

 

Wills don't need to be registered. Just let your executor know where to find your Will.

[xylophone]

23 hours ago, alanross said:

Has anyone purchased a will templete from the facebook ad?

I have attached a Thai Will template in Thai and English which is legal and easy to follow. Download it and print it off with my compliments.

Thai Will template amended.docx

[TSF]

I made a Thailand will a couple of years ago for my partner (we are not legally married). I looked at will kits but in the end decided to go through a law firm. We did it with Isarn Lawyers in Korat, can't remember now the exact cost but I think it was about 2000 Bt. There is a copy with the law firm, I have a copy, my partner has her copy. The big advantage is after I snuff it my partner wouldn't even know where to begin and would probably get jerked around if she rolled up at the bank with a DIY will in her hand. The way it is now, after I snuff it she goes to Isarn Lawyers and they do all the right steps and assist her in matters like dealing with my bank accounts and transferring my car to her name. So IMO it is worth paying for a Thai lawyer rather than trying to save a couple of thousand baht. 

[starky]

55 minutes ago, JimGant said:

The legalese often included in templates is not necessary. Just write in plain language your own Will, remembering to be specific about certain assets, like bank accounts (the Thais like a little more definition of assets, not just "I leave everything" to my wife). A video of you and your two witnesses signing the Will, with maybe a close up of what's on the Will, is also good insurance.

 

Wills don't need to be registered. Just let your executor know where to find your Will.

Sounds good, but as I have wills drafted in separate countries I would rather have copies registered in the safe hands of law firms with specific instructions rather than my missus after my passing running around with a bit of A4 paper and a video. Cheers. 

[Lacessit]

The will I had prepared by a Thai lawyer in Chiang Rai cost 5000 baht.

My father in Australia had a will written on a template, named me as executor. Took me a fair while to get probate sorted.

My mother's will also had me as executor. Done through a lawyer, it was easy.

[xylophone]

8 minutes ago, starky said:

Sounds good, but as I have wills drafted in separate countries I would rather have copies registered in the safe hands of law firms with specific instructions rather than my missus after my passing running around with a bit of A4 paper and a video. Cheers. 

With regard to Wills, there is nothing to stop someone lodging their completed Will with their/a Thai lawyer, so that the lawyer can handle things upon the event of one's demise, and that's when they charge a fee for sorting out the estate and beneficiaries etc., so the lawyer can do the necessary when it comes to it.

[topt]

5 hours ago, xylophone said:

and that's when they charge a fee for sorting out the estate and beneficiaries etc.,

If one is going down that route I would suggest asking how much they will charge for that service as well as it may be more than one expects......

Applicable to both Thailand and home country since the OP did not specify.

[Swiss1960]

I agree that it is a good idea to create the will with the help of a lawyer. It ensures the legality of the will in case some greedy people would want to contest it. 

 

When married and / or having kids, make sure to create a will for your wife also. My wife's will handles her assets (bank accounts, land, car etc), me being the guardian of her daughter (if she would not be of age at the time we need the will) and also me being the executor of her will (and she of mine).

 

Leaving the will with the law firm: I would not do that. Do you know whether the law firm will still be around when you need the will? Better to keep it with yourself and engage with a lawyer when the time comes. That is how my wife or I will do it.

 

Edit: Be careful NOT to be to specific, otherwise you need to change your will for every change like opening and closing bank accounts, changing cars, selling and buying land etc. Keep it generic like "all bank accounts in my name" etc.

Edited January 1, 2021 by Swiss1960

[Boomer6969]

17 hours ago, TSF said:

I made a Thailand will a couple of years ago for my partner (we are not legally married). I looked at will kits but in the end decided to go through a law firm. We did it with Isarn Lawyers in Korat, can't remember now the exact cost but I think it was about 2000 Bt. There is a copy with the law firm, I have a copy, my partner has her copy. The big advantage is after I snuff it my partner wouldn't even know where to begin and would probably get jerked around if she rolled up at the bank with a DIY will in her hand. The way it is now, after I snuff it she goes to Isarn Lawyers and they do all the right steps and assist her in matters like dealing with my bank accounts and transferring my car to her name. So IMO it is worth paying for a Thai lawyer rather than trying to save a couple of thousand baht. 

Agreed, was quite pleased with their service. Even though the boss may be a bit on the "grumpy" side, but.. just get on with job.

[J Town]

When I go, I want to be burned in one of those open air biers about ten feet off the ground. I saw one done in Sa Kaeo and the following party was epic. Does anyone know who to contact to make such a reservation?

[IraqRon]

12 hours ago, topt said:

If one is going down that route I would suggest asking how much they will charge for that service as well as it may be more than one expects......

Applicable to both Thailand and home country since the OP did not specify.

I was quoted a min. fee of 25,000 baht for probate from a thai law firm in Chiang Mai.  Seems that they, and other firms, will do a low fee will just to get the probate biz .

[fifelad55]

21 hours ago, starky said:

Sounds good, but as I have wills drafted in separate countries I would rather have copies registered in the safe hands of law firms with specific instructions rather than my missus after my passing running around with a bit of A4 paper and a video. Cheers. 

One VERY important point to bear in mind is that when you do a new Will in one country please ensure that you ONLY revoke prior Wills relating to that country and NOT all Wills as that will cause havoc with your assets in other countries. I have seen this happen and it was a nightmare to sort it out, including some minor perjury A stroke has made typing very difficult or I would go into more details

 

Alan

[fifelad55]

In addition, unless you really know what you are doing always use a lawyer to prepare your Will regardless of where your assets are located.

 

Alan

 

[TSF]

16 hours ago, fifelad55 said:

One VERY important point to bear in mind is that when you do a new Will in one country please ensure that you ONLY revoke prior Wills relating to that country and NOT all Wills as that will cause havoc with your assets in other countries. I have seen this happen and it was a nightmare to sort it out, including some minor perjury A stroke has made typing very difficult or I would go into more details

 

Alan

Another reason for doing it correctly through a legal firm. I have 2 wills. I made one for my assets in Australia, I have 3 kids living there, and I own property and have bank accounts there. The will I made with Isarn Lawyers clearly states on the first page that the will covers only my assets in Thailand. 

 

Sorry to hear you had a stroke. Hope you recover ok.

[prakhonchai nick]

On 1/1/2021 at 1:56 PM, xylophone said:

I have attached a Thai Will template in Thai and English which is legal and easy to follow. Download it and print it off with my compliments.

Thai Will template amended.docx 17.83 kB · 25 downloads

Article IV... ridiculous wording   "In the event that I shall die"  A will is for when you are dead!!!!

[talahtnut]

Guaranteed to upset everyone, leaving it all to the Cats Home, no idea what they'll

do with 50p though.

[xylophone]

3 hours ago, prakhonchai nick said:

Article IV... ridiculous wording   "In the event that I shall die"  A will is for when you are dead!!!!

Hmmm.........simply means, "when that event happens".

 

It was written and used by a law firm! 

 

Wills often use the wording which dates back to mediaeval times, whereas a simple will made out by an individual can use current wording.

 

It is imperative to make a Will out in one's home country for assets held there, and a separate one in Thailand for assets held here.
 

 

 

[Delight]

 In my view it is important to make at least 2 originals. One for the beneficiary -one kept with the  law firm.

A 3rd original may be useful if the administer is  a different person from the main beneficiary.

 

Why the foregoing-wills can get lost.

 

Also

A joint bank account will be useful. Joint between the Foreigner and the beneficiary.

The money in this account will have the purpose of providing income for the beneficiary until probate is concluded.

It is technically illegal to withdraw funds from the bank account of the deceased via that person's ATM card.

Money is being withdrawn without explicit permission.

A joint account gives legal control over the account to either party-on an equal basis.

[Puccini]

On 1/1/2021 at 7:33 AM, JimGant said:

...Just write in plain language your own Will, remembering to be specific about certain assets, like bank accounts (the Thais like a little more definition of assets...

Your recommendation to be specific about certain assets, like bank accounts, means that if after making my will I open a new Bank account I will have to make a new will to reflect this additional asset. In my opinion, there is no legal requirement in Thailand to list the bank accounts and other specific details of assets in the will except, of course, where a specific asset is bequeathed to a specific beneficiary.

 

Edited January 5, 2021 by Puccini
corrected a typing error

[Nout]

I used a WH Smith template for my UK will

[Puccini]

On 1/1/2021 at 7:56 AM, xylophone said:

I have attached a Thai Will template in Thai and English which is legal and easy to follow. Download it and print it off with my compliments.

Thai Will template amended.docx 17.83 kB · 40 downloads

 

From your templatate:

Quote

 

...ARTICLE  VI

In case of revocation of this Last Will and Testament, such revocation shall not be completed unless it is effected in all the duplicates...

 

 

1. If you revoke your current Last Will and Testament, with a new Last Will and Testament or otherwise, how exactly do you effect the revocation in all duplicates of the old Last Will and Testament? 
    
2. After your death, how will the executor appointed in your new Last Will and Testament be able to show proof that the revocation of your previous Last Will and Testament has been effected in all duplicates of that Last Will and Testament?

 

[xylophone]

2 hours ago, Puccini said:

 

From your templatate:

 

1. If you revoke your current Last Will and Testament, with a new Last Will and Testament or otherwise, how exactly do you effect the revocation in all duplicates of the old Last Will and Testament? 
    
2. After your death, how will the executor appointed in your new Last Will and Testament be able to show proof that the revocation of your previous Last Will and Testament has been effected in all duplicates of that Last Will and Testament?

 

ARTICLE  III

1). I, do hereby make, publish and declare this to be my Last Will and Testament in Thailand, hereby expressly revoking all wills and codicils heretofore made by me in so far as it relates and disposes of my properties and assets of whatever kind and character in the Kingdom of Thailand.

 

Because by declaring the latest Will to be "my" Last Will and testament, and dating it, and stating that it revokes all others.

 

2). Same answer to above....by the very fact that the last (latest) Will has been declared, signed and dated to revoke all others.

 

 

 

[JimGant]

3 hours ago, Puccini said:

Your recommendation to be specific about certain assets, like bank accounts, means that if after making my will I open a new Bank account I will have to make a new will to reflect this additional asset.

Naaa. For many of us, our only bank account, other than a joint with the wife, is the account we maintain 800k in for annual retirement renewals with Immigration. And for many of us, this account has been established for many years. Thus, when you write your Will, it doesn't hurt to say, "I leave everything to my wife Yum Yum, including bank account x, y, z." That you may later close this account, or add new ones, doesn't affect your Will, as you've already included the catch all "I leave everything." The reason I mentioned being specific, at least somewhat, is because I know the Thais prefer this, as we found out when the wife investigated doing an Amphur Will. Their requirement was to list any and all assets specifically. The wife balked, as she didn't want some bureaucrat to get a warm fuzzy about burglary. Anyway, I don't think it makes much difference, as most bank managers these days won't use a Will directly presented by your executor/beneficiary to bypass probate. Just advise your wife, whomever, to clean out your account before you're smoke. Making her co-signatory on this account could be helpful, if she can't do an online transfer.

[salavan]

Don't want to hijack this post but if you have assets in Thailand and your home country would a will in your home country cover it or do you need 2 seperate wills

[xylophone]

8 minutes ago, salavan said:

Don't want to hijack this post but if you have assets in Thailand and your home country would a will in your home country cover it or do you need 2 seperate wills

Best to do two separate Wills.

[salavan]

14 hours ago, xylophone said:

Best to do two separate Wills.

Does the last will I do cancel out the first will did I'm concerned about that