Is It Easy And Possible To Write Your Own Will In Thailand Without A Lawyer?

[anchadian]

On 5/15/2022 at 6:27 PM, Delight said:

Many good things have been stated on this post.

I would add 3 more

1 You can have as many originals as you like. They simply need to be identical. 

So as a minimum  you may consider originals for:

yourself

your lawyer

the beneficiaries

 

2 The most important person in the process -post death -is the administrator.

The local amphur is not the administrator.

 

3 Many Farang give their ATM card plus PIN to their partner.-just prior to the death.

if the partner uses the ATM  post the death -then technically this is illegal. The partner has no legal permission to use the ATM. A joint account solves this problem.

 

 

Am I correct therefore in stating that if you and a friend own a joint account, regardless of whose name appears first on the account, then on the demise of one of the holders, the other can empty the account?

 

If this is correct, why create a 'Will', or am I missing something?

[blackshadow]

use a NOTARY......

[Orinoco]

Here you go, last post on the thread on the link

Bet it's less then your wives give your money to there mums each month !!!!!! 

 

https://aseannow.com/topic/447336-will-advice/page/9/#comments

 

Edited May 19, 2022 by Orinoco

[MikeyIdea]

On 5/12/2022 at 9:12 AM, Raindancer said:

Please see my post on this subject below:  Ignore the first link.   See my post below that.

 

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. 

 

 

•  

Thanks for that information. Don't have a wife but I have a daughter, sole heir. Do you know if the same thing apply wold apply there? 

[Raindancer]

5 hours ago, MikeyIdea said:

Thanks for that information. Don't have a wife but I have a daughter, sole heir. Do you know if the same thing apply wold apply there? 

I don't see why not.  I'm not sure of your daughters status. 

 

So answer these questions in your own mind, but don't publish the results here.  It is a private matter for you and your daughter only.

 

1.   Are you the biological father of your daughter with birth certificate to prove it?

2.   Or, is she adopted by legal means.

3.    Or is she the daughter of someone else you met in a ex relationship?

 

None of those should really make a difference at the Amphur legal will dept.

 

Finally, if you deceased tomorrow, would  she be legally old enough to manage whatever you leave behind.   If not,  you may wish to set it up for when she attains a certain age.

 

As far as I am aware,  you can leave your estate to whomever you choose.

 

But, you may wish to go to the Ampner to confirm your questions. 

 

I hope that helps. 

[PJ71]

On 5/12/2022 at 12:57 PM, topt said:

Why shouldn't it if it is clear and witnessed properly and the executor is not a simpleton?

Simpleton Thai relatives will struggle to deal with the Thai bureaucracy tho.