Advise wanted on making will in Thailand wanted.

[xylophone]

If anyone is interested I do have a Will form, which has both Thai and English in it, and also a statement which says words to the effect that in the event of any "disagreement" between the Thai and English versions, then the English version will take precedence.

 

Send me a PM and I will send you a copy.
 

[JimGant]

On 10/23/2021 at 5:29 PM, Liverpool Lou said:

Under Thai law, when there are any assets to be distributed probate has to be granted by the court. 

And what Thai law might that be? Granted, the lawyer mafia has pushed the notion of mandatory probate -- and many bank managers have been intimidated -- but some, as NancyL has reported, apparently have additional information:

 

Quote

....settlement of assets in Thailand through a Thai Last Will and Testament is more convenient and practical. For one, Thai law does not require probate of Last Will and Testaments before it can be enforced.

https://www.thaiembassy.com/legal/last-will-and-testament

For more info on this subject, scroll down to the May 8th postings:

https://aseannow.com/topic/1098436-what-happens-to-a-foreigners-assets-in-thailand-apon-death/page/2/

 

[Raindancer]

1 hour ago, JimGant said:

And what Thai law might that be? Granted, the lawyer mafia has pushed the notion of mandatory probate -- and many bank managers have been intimidated -- but some, as NancyL has reported, apparently have additional information:

 

For more info on this subject, scroll down to the May 8th postings:

https://aseannow.com/topic/1098436-what-happens-to-a-foreigners-assets-in-thailand-apon-death/page/2/

 

Correct.  Thai law does NOT require probate of all wills.

1.  Under thai law sect 1635  there are rules for statutory heirs.

2.  Furthermore, the legally married spouse of the deceased has automatic rights to the estate, unless you provide a will to the contrary.

3.  Finally,  not ALL provinces/ states in Thailand require probate for All of an estate.

 

Now for those who pass themselves as wannabee lawyers and being  rather fed up of certain annoying  statements I visited the Amphur on Monday, specifically to ask about leaving a bank account to ones legally married wife after my demise.

 

This is nothing to do with all my other assets.  They have already been dealt with. AND, there are no other heirs in my line!!

 

I had just been to the bank about this issue and they said it is NOT illegal for a wife/ husband to gain FULL access to the deceaseds bank account, providing i gain authority from my local Amphur. 

 

This is their (Amphur)official reply. 

 

Provide the following documents:

 

1.   Passport and copy of first page.

2.   Provide a translation of passport ( first page).

3.  Copy of bank book/ books.

4.   Certificate of mental competence from a doctor. 

5.    Provide a will in Thai language stating the sole beneficiary of your bank accounts.

6    Provide a copy of the Tambien Bahn plus ID card 

of the sole beneficiary.

7.   Copy of marriage certificate and original kor ror 2.

8.   Bring two witnesses to the Amphur, to witness your signature.   They should also provide ID or passports to verify their status. 

 

I know that I previously stated that I had previously registered a will in English with my Amphur,  without a doctors certificate, which I showed the Officer in Charge.    It was still extant.  But rules had changed since then.

 

But, because of Thai government policy to reduce all Bank accounts to 1,000,000 guarantee for investors from 5,000,000, I had to move things around to new accounts. And so I had already prepared most documents prior, apart from the doctors note, which was new to me.

 

Hence my visit to the bank and Amphur for clarification on making a new will, SPECIFICALLY,  for bank accounts and nothing else. 

 

Today, everything has been ratified, signed  sealed and authorised.

 

Now, whenever the day comes, my wife can access my bank accounts "legally".

 

I hope that helps someone.

Even if it is only one person, it will have been worth the time to post this on the forum. 

 

 

[JimGant]

3 hours ago, Raindancer said:

Now, whenever the day comes, my wife can access my bank accounts "legally".

So, your bank manager will accept the amphur Will as self-probated evidence that the wife is the legal benificiary? Sounds good, and was the reason for the establishment of amphur Wills -- to allow the 'little guy' to have a legal path for his minor estate, without needing to pay lawyers' fees to write, and subsequently, probate a Will. But, the lawyer mafia, seeing so many potential fees evaporate amongst the masses, has put out the word that all estates, including those with amphur Wills, need to be probated. And many bank managers have succumbed to this hidden threat, that should they release a deceased's funds without probate, they would somehow be in legal trouble (not realizing that, if they haven't been notified of a death, they're not legally liable {and nobody in the chain of death is required to find the decedent's bank, and so notify}). And, of course, if the released funds go to the Will's sole beneficiary, definitely "absence of malice" and definitely no fraud. Who's to file suit -- the lawyer mafia deprived of fees?

 

No, if you the falang's only asset is a retirement bank account, and your Will's sole beneficiary is your wife, or girlfriend -- have online banking (or a co-signatory account, for in person passbook transfer) to transfer your funds to her account shortly after demise. Make this 'number one' in your demise checklist, even before setting up the barbecue. And make sure you've done a previous online transfer, whereby the OTP has set things up in advance of your demise.

 

For sure, have a Will -- for Yanks you'll need this for the embassy/consulate to get the US equivalent of a death certificate, to transfer wife's IRAs and insurance policies (if she's dual citizen). And, of course, to show she's the sole beneficiary, should someone question the bank account movement.

 

 

 

 

[Raindancer]

26 minutes ago, JimGant said:

Quote:   So, your bank manager will accept the amphur Will as self-probated evidence that the wife is the legal benificiary?Quote ends

 

Quote

My reply:

Yes, it is they who told me to go to the Amphur to arrange the documents for this future need.

I should add, that the Amphur gave my wife a document certifying her right to access my bank account, to be presented to the bank upon my death. 

 

She will need that,my death certificate and passport.  They will then release the funds to her.

Quote

Sounds good, and was the reason for the establishment of amphur Wills -- to allow the 'little guy' to have a legal path for his minor estate, without needing to pay lawyers' fees to write, and subsequently, probate a Will. 

Don't know why, but I discovered this many years ago, when I first enquired with my bank on this subject.

Hence I don't want or need a lawyer for my personal banking estate.

 

Obviously lawyers do not want you to know that.   But a little bit of research by people on Thai wills and probate, can enlighten them.

 

 

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[LukKrueng]

Does anyone know if "heir after heir" is a valid statement in Thai laws?