Solicitor for drawing up a will

[Speedo1968]

I wrote my Will many years ago at a time when one witness signature was enough in the UK.
Times have changed.

I now need to write up a simple Will that is acceptable for both Thailand and the UK.
I own no property i.e. land or house in Thailand.
Could someone suggest a good solicitor in Khon Kaen ?

[starky]

This has been discussed many times mate there is no dual country will.

  You will need one for the UK and one for Thailand. If it is a simple as you say no solicitor will be required.

 There has been a simple sample will kit for Thailand posted here a number of times unfortunately I don't have it on this phone I will find it for you later and post if in the thread it has the Thai and English translation. 

  Copies of both wills should be kept with your executor or your partner of you have one. Should be plenty of online basic will kits for the UK as well I would imagine.

[Speedo1968]

12 hours ago, starky said:

This has been discussed many times mate there is no dual country will.

  You will need one for the UK and one for Thailand. If it is a simple as you say no solicitor will be required.

 There has been a simple sample will kit for Thailand posted here a number of times unfortunately I don't have it on this phone I will find it for you later and post if in the thread it has the Thai and English translation. 

  Copies of both wills should be kept with your executor or your partner of you have one. Should be plenty of online basic will kits for the UK as well I would imagine.

Many thanks

[starky]

3 hours ago, Speedo1968 said:

Many thanks

Found it 

last_will_Thai.docx

[SantiSuk]

Leaving the will with a Thai partner works great - unless you don't want to disclose everything to her/him and until you both die together in a road crash (eg).

 

Get a Thai lawyer to write the will and to be available to help your nearest and dearest on your demise. I speak from the experience of helping a Thai widow sort out the pieces when insufficient planning for death has taken place by the expat.

[lungbing]

Isaan Lawyers

 

www.isaanlawyers.com

 

highly recommended.

[Patriot]

As lungbing suggested, Isaan Lawyers in Korat could not have been more helpful.

[puchooay]

On 6/13/2021 at 1:51 PM, SantiSuk said:

Leaving the will with a Thai partner works great - unless you don't want to disclose everything to her/him and until you both die together in a road crash (eg).

 

Get a Thai lawyer to write the will and to be available to help your nearest and dearest on your demise. I speak from the experience of helping a Thai widow sort out the pieces when insufficient planning for death has taken place by the expat.

No need for a lawyer then.

 

Just plan ahead.

 

Will writing is simple. 

[Speedo1968]

19 hours ago, puchooay said:

No need for a lawyer then.

 

Just plan ahead.

 

Will writing is simple. 

I understand that two witnesses are required for Thailand that may be difficult to find.
The Will itself is fairly straightforward, the banks can be a bit of a pain though I understand.

[puchooay]

43 minutes ago, Speedo1968 said:

I understand that two witnesses are required for Thailand that may be difficult to find.
The Will itself is fairly straightforward, the banks can be a bit of a pain though I understand.

I can't believe there are expats living here that don't know 2 people.

 

The banks may well require probate before releasing money. Not difficult with a will and death cert.

[SantiSuk]

5 hours ago, puchooay said:

I can't believe there are expats living here that don't know 2 people.

 

The banks may well require probate before releasing money. Not difficult with a will and death cert.

Not difficult, but requires a Thai lawyer to draft the necessary documentation to go in front of the local probate court (part of your local Provincial Court) and to represent in the court proceedings whoever is intended to be the executor of the Thai assets. IMO good planning is to set up such a Thai lawyer for your nearest and dearest before you depart this mortal coil. Not essential perhaps if she/he (your n & d) is a professional or sophisticated street-wise individual. Best thing is to discuss what happens before the opportunity is taken away from you.

 

It's not just banks that need an order from the probate court in order to release funds*. Vehicles and property (condos) need court orders so that your relevant intended beneficiary can get title transferred from deceased you.

*Small amounts in banks can often be released at the discretion of the bank manager but that's not assured unless you set it up that way with your bank manager (and of course managers get moved around). 'Small amounts' is not defined in Thai law but for instance I have experience of one of the big Bangkok Bank branches in Bangkok insisting on a court order to release a 100,000 baht balance. There has been another ThaiV.com thread that debated the merits and drawbacks of establishing your bank accounts as joint with your nearest & dearest so the funds can be accessed after your demise without court orders and you could of course transfer property/vehicles before you die if you are prepared to live longer than expected not owning anything!

[happylarry]

11 hours ago, SantiSuk said:

Not difficult, but requires a Thai lawyer to draft the necessary documentation to go in front of the local probate court (part of your local Provincial Court) and to represent in the court proceedings whoever is intended to be the executor of the Thai assets. IMO good planning is to set up such a Thai lawyer for your nearest and dearest before you depart this mortal coil. Not essential perhaps if she/he (your n & d) is a professional or sophisticated street-wise individual. Best thing is to discuss what happens before the opportunity is taken away from you.

 

It's not just banks that need an order from the probate court in order to release funds*. Vehicles and property (condos) need court orders so that your relevant intended beneficiary can get title transferred from deceased you.

*Small amounts in banks can often be released at the discretion of the bank manager but that's not assured unless you set it up that way with your bank manager (and of course managers get moved around). 'Small amounts' is not defined in Thai law but for instance I have experience of one of the big Bangkok Bank branches in Bangkok insisting on a court order to release a 100,000 baht balance. There has been another ThaiV.com thread that debated the merits and drawbacks of establishing your bank accounts as joint with your nearest & dearest so the funds can be accessed after your demise without court orders and you could of course transfer property/vehicles before you die if you are prepared to live longer than expected not owning anything!

 

Great post SantiSuk, can I just add one tip.

When my wife writes a will for a farang client she writes in dual language. First paragraph in Thai, followed by same paragraph in English and so on, then at the end of the will she includes a paragraph stating that in case of any discrepancy then the English version is to be followed.

The client then knows exactly what he is signing for and his wants and desires will be acted upon in court.

[puchooay]

14 hours ago, SantiSuk said:

Not difficult, but requires a Thai lawyer to draft the necessary documentation to go in front of the local probate court (part of your local Provincial Court) and to represent in the court proceedings whoever is intended to be the executor of the Thai assets. IMO good planning is to set up such a Thai lawyer for your nearest and dearest before you depart this mortal coil. Not essential perhaps if she/he (your n & d) is a professional or sophisticated street-wise individual. Best thing is to discuss what happens before the opportunity is taken away from you.

 

It's not just banks that need an order from the probate court in order to release funds*. Vehicles and property (condos) need court orders so that your relevant intended beneficiary can get title transferred from deceased you.

*Small amounts in banks can often be released at the discretion of the bank manager but that's not assured unless you set it up that way with your bank manager (and of course managers get moved around). 'Small amounts' is not defined in Thai law but for instance I have experience of one of the big Bangkok Bank branches in Bangkok insisting on a court order to release a 100,000 baht balance. There has been another ThaiV.com thread that debated the merits and drawbacks of establishing your bank accounts as joint with your nearest & dearest so the funds can be accessed after your demise without court orders and you could of course transfer property/vehicles before you die if you are prepared to live longer than expected not owning anything!

A lawyer is indeed useful in the probate stages. However, as I said before, not required at the will stage. 

 

2 hours ago, happylarry said:

When my wife writes a will for a farang client she writes in dual language. First paragraph in Thai, followed by same paragraph in English and so on, 

I have 2 wills for my assets in Thailand. One in English and one in Thai. Both produced myself. There have been stories of some courts refusing dual language wills as the legal language in Thailand is Thai.

 

By having two wills I can clearly see what I have written and any judge or lawyer can see what they need to see in the Thai version.

 

Is your wife a lawyer or only a translator?

Edited June 17, 2021 by puchooay

[Speedo1968]

5 hours ago, happylarry said:

 

Great post SantiSuk, can I just add one tip.

When my wife writes a will for a farang client she writes in dual language. First paragraph in Thai, followed by same paragraph in English and so on, then at the end of the will she includes a paragraph stating that in case of any discrepancy then the English version is to be followed.

The client then knows exactly what he is signing for and his wants and desires will be acted upon in court.

Excellent point "happylarry".
I am not married to a Thai but I understand it would be easier for a Will to be accepted in both languages as an English daughter would probably come here on my death.