Anyone ever registered a Will in thailand?

[jack71]

Can a westerner register a Will at the local govt office. I have a yellow book. Or can only the wife register her Will?

 

I read it could be necessary if one's Will has a 'controller of property' which is used in cases where one has a child. If both parents die then that person can manage the childs life up to the age of 20. But I read the Will must be registered. 

 

thanks

[bert bloggs]

My wifes besty is a lawyer and owns her own firm she did our will in thai and english,we did not register it ,why? 

[KhunLA]

Yes & yes, you can, and 'should' be registered.  Must be in Thai script.  I've done 2 wills.  No lawyer needed.  Can download a 'fill in the blanks' form on the internet.

 

You will appoint an administrator in the will, to carry out your specific instructions, if more than just succession of 'Thai' assets, which will be to wife, and / or surviving children, by law, or how you stipulate.

 

If no will, then wife inherits or children if wife passes before or with you.  Good to have a will, if they are not adults, as the administrator of, will ensure (hopefully) your wishes are carried out.

 

Keep a copy for yourself, obviously, and you will receive the 'docket #', so keep in a secure place, and let administrator know.  That's the only way to source your registered will.  Without it, good luck finding it at the Amphur office. 

[jack71]

1 hour ago, KhunLA said:

if they are not adults, as the administrator of, will ensure (hopefully) your wishes are carried out.

thats why one can appoint 'controller of the property'. This person can make all decisions for the child until they reach 20 yrs old

[topt]

On 9/18/2022 at 9:41 AM, KhunLA said:

and 'should' be registered. 

Please explain why?

There have been many posts over the years talking about this and although a few seem to manage it I have never heard of a major benefit of doing so.

[KhunLA]

1 minute ago, topt said:

Please explain why?

There have been many posts over the years talking about this and although a few seem to manage it I have never heard of a major benefit of doing so.

I would think registering it would be self explanatory.  Do or don't, but if 2 people are presenting wills for the same person, and 1 was registered, who do you think the judge would rule in favor of ? 

[topt]

9 minutes ago, KhunLA said:

I would think registering it would be self explanatory.  Do or don't, but if 2 people are presenting wills for the same person, and 1 was registered, who do you think the judge would rule in favor of ? 

The one with the latest date on it perhaps as long as witnessed correctly.

[Nabbiex]

On 9/18/2022 at 9:41 AM, KhunLA said:

Without it, good luck finding it at the Amphur office. 

Or can, I wonder, use both to increase the guarantee?  Of course both should be the exact same detail.

[Dickp]

I have been looking for Will Template ( just fill in the areas needed ) So far can't find any. Do not own anything House, Cond, or Car in Thailand , but my 800,000 THB at Bangkok Bank use for immigration. have three other bank account all joint, two have my name first and wife second the other wife first. Own nothing in the USA but one joint Bank account.  I still would like to have a Thai will requester at  the Local Amphora office. Everything going to the wife.  We are both 79 years old and married 41 years, have one daughter both Thai and USA citizen,  she lives in the USA. Anyone know of a down load site or app? 

[KhunLA]

40 minutes ago, topt said:

The one with the latest date on it perhaps as long as witnessed correctly.

And there's the rub ... registered ... witnessed correctly.

Not registered ... well ... judge's discretion ...  good luck.

 

Yes, my wills, 2nd one, had a clause, 'supersedes' any previous wills, dated & registered.

[TallGuyJohninBKK]

If memory serves, there are several different ways of having a valid will in Thailand, each with their own rules and procedures, including a simple handwritten will (though that particular approach may have to be in Thai language, not sure if English versions would be accepted).

 

Another method is having a so-called amphur will, where the will is accepted by and registered with a local amphur office, usually where the will-maker lives.

 

The process may vary from amphur/khet to amphur/khet, but my understanding is it usually involves having witnesses accompany the will-maker to the amphur office, and can be a closed will (where the witnesses don't know the contents of the will) or an open will where the witnesses read the contents of the will before signing.

 

The will-maker or his beneficiary get a receipt from the amphur, which the beneficiary can use to retrieve an official, registered version of the will upon the passing of the will-maker.....

 

I think, but am not entirely sure, that one of the advantages of going the amphur will route is that it either entirely avoids or has a much expedited probate process in the Thai civil courts. But that last part, I'm doing from memory from conversations on the topic some years back.

 

I wanted to do an amphur will some years back in BKK, but ended up being unable to do so because the local amphur staff changed, and thus their requirements changed and became more onerous, from when I first started the inquiry to the later point where I was ready to proceed.

 

In my particular case, I don't have my own tabien ban being a renter, and the last version I heard from the then amphur staff handling wills where I live was that I was going to have to get my landlord to schlep down to the amphur office with me to be a witness and provide copies of their tabien ban, etc etc.  If I had my own tabien ban, it probably would have been easier to handle.

Edited September 20, 2022 by TallGuyJohninBKK

[topt]

7 minutes ago, TallGuyJohninBKK said:

I wanted to do an amphur will some years back in BKK, but ended up being unable to do so

Thanks as I remember reading posts from several people who tried this and failed but there are obviously those who do succeed as well.

 

8 minutes ago, TallGuyJohninBKK said:

I think, but am not entirely sure, that one of the advantages of going the amphur will route is that it either entirely avoids or has a much expedited probate process in the Thai civil courts. But that last part, I'm doing from memory from conversations on the topic some years back.

It would be useful to get some confirmation of this although short of a quote from a judge I am not sure how you corroborate it.....

Obviously I doubt it would have negative consequences apart from perhaps making it more difficult to change if required.

 

Perhaps @bert bloggs could ask his wife to ask her "besty" and see what a lawyer's view is?

[johnmcc6]

I have a Thai friend who has good English. He has several valuable assets.Only living relative a cousin not seen in nearly 20 years.If he has no will nor next of kin other than this cousin.Will the government rack down the cousin? If no will what happens to his cash and assets?

 

[saranlhaw]

Yes. you shoud be able to do it. But make sure your will include everything you have, and also your future asset. You can read here to find out more info: https://www.expatden.com/thailand/last-will-and-testament/

[TallGuyJohninBKK]

7 minutes ago, saranlhaw said:

Yes. you shoud be able to do it. But make sure your will include everything you have, and also your future asset. You can read here to find out more info: https://www.expatden.com/thailand/last-will-and-testament/

 

I thought the info in the Living Will section of that article was more helpful and accurate than some of the other content relating to the regular will...

 

For example, on the section regarding bank accounts, the article fails to recognize that Thai Immigration won't let you keep the required 400K marriage extension deposit or 800K retirement extension deposit in joint accounts (unless you double the deposit amounts you keep on deposit).

 

And likewise, nor does it mention that, on the flip side, Thai banks do typically have a different method that will allow you to make a Thai wife as a silent, invisible name listed on your account. Which Immigration would never see or be aware of... But registering that with the bank would allow the Thai wife access to the funds in the account if you were incapacitated (or just died and the bank wasn't yet informed of the death).

 

[TigerandDog]

1 hour ago, Dickp said:

I have been looking for Will Template ( just fill in the areas needed ) So far can't find any. Do not own anything House, Cond, or Car in Thailand , but my 800,000 THB at Bangkok Bank use for immigration. have three other bank account all joint, two have my name first and wife second the other wife first. Own nothing in the USA but one joint Bank account.  I still would like to have a Thai will requester at  the Local Amphora office. Everything going to the wife.  We are both 79 years old and married 41 years, have one daughter both Thai and USA citizen,  she lives in the USA. Anyone know of a down load site or app? 

just pm'd you a Thai will template

[Hotrats]

I had my will registered at my local district office. The lawyer who helped me draft the will strongly advised doing it. For him it was just a part of the normal process; making it more 'official'. The will had to be in Thai language. His colleague accompanied us to the office to act as an official witness, he couldn't be a witness himself as he was already one of the named administrators / executors of the will.

[TallGuyJohninBKK]

2 minutes ago, Hotrats said:

The will had to be in Thai language

The one thing I always wondered about in that kind of situation was... unless you're a farang who actually reads Thai.... how are you supposed to know exactly what the will you're submitting, written by someone else in a foreign language, is really saying....

 

For all you know, the lawyer in the will might be leaving your entire estate to the lawyer... And before anyone says anything on that point, stranger things have happened here in Thailand, where the legal profession isn't exactly renowned for their professionalism.

????

 

[Hotrats]

5 minutes ago, TallGuyJohninBKK said:

The one thing I always wondered about in that kind of situation was... unless you're a farang who actually reads Thai.... how are you supposed to know exactly what the will you're submitting, written by someone else in a foreign language, is really saying....

 

For all you know, the lawyer in the will might be leaving your entire estate to the lawyer... And before anyone says anything on that point, stranger things have happened here in Thailand, where the legal profession isn't exactly renowned for their professionalism.

????

 

Very true. Good point. I don't read Thai, so I was relying on my trust in the lawyer to provide an accurate and true translation of what we had initially written in English. In my case though I was able to also ask my wife to check the Thai translation.

[cyril sneer]

my wife was able to make one for me the day after our wedding

 

I think she paid an agency to help it go asap

[scorecard]

47 minutes ago, TigerandDog said:

just pm'd you a Thai will template

Perhaps you could share the template with all members?

[scorecard]

30 minutes ago, Hotrats said:

Very true. Good point. I don't read Thai, so I was relying on my trust in the lawyer to provide an accurate and true translation of what we had initially written in English. In my case though I was able to also ask my wife to check the Thai translation.

Will written in Thai, therefore can't read it. One possibility is to ask the lawyer to give you a copy of the darft on a Word file (or similar), then:

 

- Ask a trusted friend to read the draft being held by the wife/main benficiary to confirm the contents/details in the draft copy held by the wife/husband/beneficiary is the same as in the Word document.

 

- Now translate the Word doc fom Thai to Enligh (google translate of any good translation site). Now the big question; is the translation to English what you were expecting? 

[khunPer]

On 9/18/2022 at 4:21 AM, jack71 said:

Can a westerner register a Will at the local govt office. I have a yellow book. Or can only the wife register her Will?

 

I read it could be necessary if one's Will has a 'controller of property' which is used in cases where one has a child. If both parents die then that person can manage the childs life up to the age of 20. But I read the Will must be registered.

A Westerner can have a will certified by a notary at the local amphor district office and it can be kept on record there, or you can bring it home. A last will can be legal even it's not signed in front of a notar - but preferably signed in front of two witnesses - and is also legal if not kept on record by the district office.

 

You can write the will in your own language, but it needs to be translated to Thai if it's going to be handled by a Thai court that will also appoint an executor, if not stated in the will. The court handling a last will will be a court in the country where the deceased lived when dying and thereby follow the rules of that country, if not another country has specific rules, which is mainly in real estate cases.

 

Children under the age of 20 will inherit under guardianship. It's best to specify exactly in the will how the assets are going to be divided and any restrictions.

 

There are very good information about last will in Thailand in the book "Thai Law for Foreigners", page 78 to page 81...

 

 

[roo860]

1 hour ago, TallGuyJohninBKK said:

The one thing I always wondered about in that kind of situation was... unless you're a farang who actually reads Thai.... how are you supposed to know exactly what the will you're submitting, written by someone else in a foreign language, is really saying....

 

For all you know, the lawyer in the will might be leaving your entire estate to the lawyer... And before anyone says anything on that point, stranger things have happened here in Thailand, where the legal profession isn't exactly renowned for their professionalism.

????

 

When I wanted some documents translated from Thai to English for my wife's UK visa, I went to Chiang Mai University language institute, and they did the translation and officially stamped it.

[TallGuyJohninBKK]

14 minutes ago, roo860 said:

When I wanted some documents translated from Thai to English for my wife's UK visa, I went to Chiang Mai University language institute, and they did the translation and officially stamped it.

 

Is that something they do for free, or is it a paid service?

 

Is it university students doing it as part of their English language training?

 

[roo860]

3 minutes ago, TallGuyJohninBKK said:

 

Is that something they do for free, or is it a paid service?

 

Is it university students doing it as part of their English language training?

 

No, paid service. Don't know about students doing it but the Thai lady who dealt with it was a fluent English speaker. We had paper copies and hard copies.

[Sydebolle]

On 9/18/2022 at 9:41 AM, KhunLA said:

Yes & yes, you can, and 'should' be registered.  Must be in Thai script.  I've done 2 wills.  No lawyer needed.  Can download a 'fill in the blanks' form on the internet.

 

You will appoint an administrator in the will, to carry out your specific instructions, if more than just succession of 'Thai' assets, which will be to wife, and / or surviving children, by law, or how you stipulate.

 

If no will, then wife inherits or children if wife passes before or with you.  Good to have a will, if they are not adults, as the administrator of, will ensure (hopefully) your wishes are carried out.

 

Keep a copy for yourself, obviously, and you will receive the 'docket #', so keep in a secure place, and let administrator know.  That's the only way to source your registered will.  Without it, good luck finding it at the Amphur office. 

Thank you, do you - by chance - have the link to download the blank form to be filled in?

 

[KhunLA]

21 minutes ago, Sydebolle said:

Thank you, do you - by chance - have the link to download the blank form to be filled in?

 

Offered on AN, 3 ish years ago:

https://aseannow.com/topic/1132985-purchase-an-affordable-last-will-and-testament/

 

Offered here for 740 ish baht:

https://www.thailandlawonline.com/last-will-and-testament/last-will-and-testament

 

We did not use or have knowledge of either.   Gal at Amphur office did it for us, during her lunch break, I think we gave her 200 or 500 baht.  Long time ago.

 

[Andycoops]

Surely by using a lawyer for a modest fee there are no problems such as mentioned above.

I paid 6000 baht for mine with the lawyers acting as executor.

Peace of mind.

[2baht]

Everything is in my wife's name, I am willing her to my children.