Anyone ever registered a Will in thailand?

[newnative]

20 hours 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.

????

 

     Any will you sign should be in both English and Thai, with both languages together on the page with each clause alternating in Thai and English; not a separate will all in Thai and a separate will all in English.  Wills can be registered but they don't need to be.  

[jack71]

On 9/21/2022 at 12:39 PM, newnative said:

Wills can be registered but they don't need to be.  

but they need to be registered if one is assigning a 'controller of the property' giving that person the authority to make all decisions for ones child up to the age of 20

[MrMuddle]

On 9/20/2022 at 3:52 PM, TigerandDog said:

just pm'd you a Thai will template

Hi is there any chance you can post it on here, for download? Thank you.

 

[TigerandDog]

12 hours ago, MrMuddle said:

Hi is there any chance you can post it on here, for download? Thank you.

 

you can download it from the pm I sent you

[MrMuddle]

10 hours ago, TigerandDog said:

you can download it from the pm I sent you

No message received, as yet. Can you please try again? Thank you.

Edited September 23, 2022 by MrMuddle
change in information

[TigerandDog]

14 hours ago, MrMuddle said:

No message received, as yet. Can you please try again? Thank you.

done. so you should now have received 3 pm's from me.

[JimGant]

The term "registering" a Will seems to be getting a little convoluted here. Since I can only think that the Amphur is the only place where you could register a Will, I guess we're talking about Amphur Wills. And they come in two flavors:

Quote

A last will in Thailand can also be made as a public document at the local amphur (or in Bangkok these local public offices are called Khet), by a declaration to the relevant public officer. The testators must declare his wishes (in Thai) to public officer who in his turn must write down the testators declaration in the will in Thai (section 1658 of the Civil and Commercial Code). The official must again read it to the testator and witnesses who following must sign the last will drawn up by the public officer. One requirement for such a will is that you must be able to read and write Thai.

Or...

Quote

A last will can be made at the same amphur by a secret document. The testator in this case must close the document (his last will), sign it and hand it over to the same official (section 1660 of the Civil and Commercial Code). Two witnesses must also sign the closed document and the official will seal the closed last will and testament.

So, if you write you own Will at home, or have a lawyer prepare it for you -- the only way to have it "registered" at the Amphur is to present it as a secret Will, sealed away in an envelope, with no one in the Amphur knowing what's on it. [The first method has you making your Will out at the Amphur, not submitting an already made Will.]

                                                                                                      

Obviously, you must leave information with the Amphur on who's to retrieve this sealed envelope, upon showing your death certificate. I guess your Executor would be the one.

 

And, yeah, your Will hidden away in the Amphur's safe seems to give added authenticity to such a Will, should you be worried about its authenticity being contested. But who here fits that bill? Not many, I'm sure. Thus, there certainly is no requirement to "register" your Will -- nor for most, any real reason. 

 

So, no, you (or your lawyer) don't just swing by the Amphur with your already prepared Will -- and say, please "register" this....  But, the secret Will, I guess, fits the bill.                                                                                                                                                                                                                                                                                                                                 

[JimGant]

On 9/22/2022 at 8:14 PM, jack71 said:

but they need to be registered if one is assigning a 'controller of the property' giving that person the authority to make all decisions for ones child up to the age of 20

Where in the Civil Code can I find that?

[jack71]

1 hour ago, JimGant said:

Where in the Civil Code can I find that?

''No appointment of the controller of an immovable property or any real right appertaing thereto is complete unless it has been registered by the competent official - sections 1687 and 1688 of civil comercial code of thailand. 

[JimGant]

29 minutes ago, jack71 said:

unless it has been registered by the competent official -

Meaning the testator must accomplish one of the two forms of an Amphur Will? Otherwise, I'm still confused on what are the mechanics of showing up with a Will at the Amphur and saying, "register this." Or, is there some other official location for registrations of Wills?

[MrMuddle]

On 9/24/2022 at 8:55 AM, TigerandDog said:

done. so you should now have received 3 pm's from me.

Only one has arrived so far. Must be a glitsch in the Matrix!  lol
Thanks very much for your help!

[jack71]

On 9/24/2022 at 1:33 PM, JimGant said:

Meaning the testator must accomplish one of the two forms of an Amphur Will? Otherwise, I'm still confused on what are the mechanics of showing up with a Will at the Amphur and saying, "register this." Or, is there some other official location for registrations of Wills?

Dont know why you are so confused...

1. Must take a self-made will to be sealed to perform in front of the sheriff at any branch of a district office.
2. There must be 2 witness aged 20 years or more and must be the same witnesses who signed the will at the district too.
3. The sheriff will inquire and sign the sealed envelope.
4. Wills are kept at the district.
5. There is 20 baht. fee.
6. It takes 30-40 minutes, depending on the queue at that time.