Simple Wills For Self, Wife 2022

[TheScience]

I'm looking for the best template for a simple will both myself and my wife can use.

 

I have attached two I'd located here. Are these the best and or most useful available?

 

The will need only cover bank account and property assests.

 

If there is a need for a lawyer what is their role in the process? Costs for Bangkok?

 

How does one register a will with the government then??

 

How should it be held? I recall reading somewhere against a lawyer holding it because they might keep the document hostage to speak.

 

Yes, I'm aware I should have a will for my US assests as well.

 

Does anyone know if a beneficiary can be additional named on Thai accounts?

 

Thank you

1451048835_ThailegalknowledgeaboutWills.docx 507413266_FormsOfWillsunderThaiLaw.docx

[allane]

You will need someone to serve as Executor (Administrator) of your estate after you are gone. This may be sufficient reason to involve a law firm, unless you have someone you know and trust to be there when the time comes. We recently had a Will prepared in Khorat for B 6000, after having ben quoted B 20,000 by a law firm in Bangkok.

[TheScience]

Thanks for that.

 

The will needs an executor. Wife can handle that.

 

Looking at a few bank accounts and a condo by law she's entitled to half by marriage anyway. Doesn't seem especially complicated.

[TigerandDog]

3 hours ago, TheScience said:

Thanks for that.

 

The will needs an executor. Wife can handle that.

 

Looking at a few bank accounts and a condo by law she's entitled to half by marriage anyway. Doesn't seem especially complicated.

"by law she's entitled to half by marriage anyway".

 

Not correct if you are a foreigner and your wife is Thai.  If there is NO Thai will naming your Thai wife/girlfriend as beneficiary of your Thai estate Thai inheritance laws are not applicable. Please read comments in the previous numerous posts on this topic, especially the ones where Thai widows have received nothing because there was no Thai will.

[TheScience]

23 minutes ago, TigerandDog said:

"by law she's entitled to half by marriage anyway".

 

Not correct if you are a foreigner and your wife is Thai.  If there is NO Thai will naming your Thai wife/girlfriend as beneficiary of your Thai estate Thai inheritance laws are not applicable. Please read comments in the previous numerous posts on this topic, especially the ones where Thai widows have received nothing because there was no Thai will.

I was referring specifically to a condo. I was under the impression that marital assets are split when aquired within the marriage.

[mrwebb8825]

14 hours ago, TheScience said:

Thanks for that.

 

The will needs an executor. Wife can handle that.

 

Looking at a few bank accounts and a condo by law she's entitled to half by marriage anyway. Doesn't seem especially complicated.

You should check Thai law because in the states an executor can't inherit. Also, it's illegal for her to withdraw money from any account that doesn't have her name on it.

10 hours ago, TheScience said:

I was referring specifically to a condo. I was under the impression that marital assets are split when aquired within the marriage.

That's for a divorce - doesn't apply to death because you're still married.

[brianthainess]

On 4/15/2022 at 6:47 AM, TheScience said:

Does anyone know if a beneficiary can be additional named on Thai accounts?

I asked The 'Bank of Ayudhya' and they sent me a detailed e-mail, that basically went like this ; Wife takes death certificate to the family court, after probate (can take 3+ months) take their letter of probate, death certificate, bank book along to bank. I guess copy of your passport also.

My missus has told me you can register a Thai will at the local Amphur for 50 baht. 

• I also asked the ANZ bank in OZ their reply ; See a lawyer.  ????

Edited April 16, 2022 by brianthainess

[newnative]

4 hours ago, mrwebb8825 said:

You should check Thai law because in the states an executor can't inherit. Also, it's illegal for her to withdraw money from any account that doesn't have her name on it.

That's for a divorce - doesn't apply to death because you're still married.

    Your message is a bit garbled regarding executors but if you are referring to the US with  '...in the states...' you are incorrect.  This also applies to Thailand.  An executor can certainly be a beneficiary and inherit.  Many couples name their spouses as both executor and beneficiary in their wills--each will be the executor should the other die first.  

    Also, it's not quite correct to state that it is illegal to withdraw money from an account that does not have his or her name on it.  My partner and I both have separate bank accounts in each of our names that allow the other person access to the accounts should one of us die or be unable to access the account for other reasons.   You can set up a bank account this way.

[Muhendis]

2 hours ago, newnative said:

My partner and I both have separate bank accounts in each of our names that allow the other person access to the accounts should one of us die or be unable to access the account for other reasons.   You can set up a bank account this way.

That's an interesting arrangement. 

Assuming your'e in Thailand, how does that work with immigration requirements.

Which bank did this for you. My bank is Krungsri and they will require court authority before my wife can access my account.

 

[topt]

2 hours ago, newnative said:

Your message is a bit garbled regarding executors but if you are referring to the US with  '...in the states...' you are incorrect.  This also applies to Thailand.  An executor can certainly be a beneficiary and inherit. 

Also UK. 

Not mentioned and important to note is that it is the witnesses who cannot be beneficiaries in Thailand and UK - and guess US is the same.

[newnative]

17 minutes ago, Muhendis said:

That's an interesting arrangement. 

Assuming your'e in Thailand, how does that work with immigration requirements.

Which bank did this for you. My bank is Krungsri and they will require court authority before my wife can access my account.

 

     My bank account with 800,000 for immigration is a different bank account with a different bank.   The accounts that allow us to access each other's account are with Krungsri.  If you have not set them up this way, I think you are right in that you will require court authority.  Ours were set up this way from the beginning.  With each account the bank has both of our information and samples of our signatures on file.

[TigerandDog]

23 hours ago, TheScience said:

I was referring specifically to a condo. I was under the impression that marital assets are split when aquired within the marriage.

If your wife is Thai and there is no Thai will, the only way I'm aware of that she will automatically get the condo is if ownership is in both your names or only in hers.

[TheScience]

5 minutes ago, TigerandDog said:

If your wife is Thai and there is no Thai will, the only way I'm aware of that she will automatically get the condo is if ownership is in both your names or only in hers.

I'd read here property can only be in one name.

 

I don't think this true. I think my wife's name and her father's jointly on chanote.

 

The Thai will is no big deal. I think I need to close out my position in US. Try Singapore again.

[TigerandDog]

2 minutes ago, TheScience said:

I'd read here property can only be in one name.

 

I don't think this true. I think my wife's name and her father's jointly on chanote.

 

The Thai will is no big deal. I think I need to close out my position in US. Try Singapore again.

If wife's name is on the chanote then you have nothing to worry about.

[JimGant]

On 4/16/2022 at 8:26 AM, newnative said:

Also, it's not quite correct to state that it is illegal to withdraw money from an account that does not have his or her name on it.  My partner and I both have separate bank accounts in each of our names that allow the other person access to the accounts should one of us die or be unable to access the account for other reasons.   You can set up a bank account this way.

This is a co-signatory account. I set up my 800k savings account used for Immigration with my wife as the co-signatory. They (Bangkok Bank) will issue a new passbook, with the wife's name and signature imbedded -- but invisible unless under UV light. Thus, a single account as far as Immigration is concerned. But, the wife can march into the bank with the passbook and withdraw from my account -- or legally do so with on online withdrawal......

 

....... unless, maybe, if I'm dead. 'Cause, this co-signatory clause is a form of power of attorney (POA), where in the

West, expires upon the death of the principal. So too in Thailand? Nobody on this forum seems to know, from several related threads.

 

Solution? Remove the money quickly upon the principal's death. The bank has no legal requirement to freeze the account unless they know of the death. And why would they know, as that's not something they monitor, unless you're some kind of celebrity. And, furthermore, if you're also the sole beneficiary for this bank account, who's going to cry foul? And who knows --- maybe a co-signatory does have rights after the principal's death.

 

I don't worry too much about this. Even the accounts without co-signatories that we have will be swept out soonest after death. And all these accounts have the spouse as sole beneficiary. Who's to press charges?