One question concerning a Last Will and Testament

[scorecard]

On 10/14/2022 at 7:58 PM, moogradod said:

25-50 kthb for only a Thai will seems exagerrated to me. But of course I do not know what they told you what is included.

 

A very well written document in both English and Thai should you set back for something between 5 - 10kthb, but who am I to make the pricing for someone elses services. Maybe your case is very complicated ?

 

This is for the document alone. I would not write it based only on your own understanding or use a template. Any other questions would for sure be answered by a good lawyer for a small fee or even for free. Do not forget the cost for probate, though which applies when you are already deceased.

The quote you mention is outrageously expensive for a basic will, perhaps that fee includes:

- preparing, signatures and registration of a power of attorney and

- also maybe includes a living will? 

[moogradod]

6 minutes ago, scorecard said:

The quote you mention is outrageously expensive for a basic will, perhaps that fee includes:

- preparing, signatures and registration of a power of attorney and

- also maybe includes a living will? 

I did not mention that quote, but as I said I think it seems to me as well outrageous expensive. It's more than 10 - max 15k for a Will and Living Will, both perfectly written with translations.

[scorecard]

39 minutes ago, moogradod said:

Absolutely. But this is peculiar to Thai inheritance law. If there IS A WILL, then statutory heirs may be left out. If there is no will, then not. But with a will you might inherit your condo to your girlfriend and not to your son. Of course not the other way round. "He promised me etc...." does not count. A question might arise if you have lived together with a GF for a very long time while not married. These cases are prone to cause trouble but I do not know the Thai Civil Code enough to say if it is here the same as in other countries abroad.

 

That is why a will is so important and to set it up correctly is so important. I cannot understand the posters here who want to save a few thousand Baht with do it yourself methods only to cause the decendants and Loved Ones possible headaches. Of course it all depends on the individual case which may range from super easy to super complicated.

The cases which, over the years appeared in the Thai medi (in full details) were very extreme cases.

I agree the wishes of the deceased should be respected.

What's also possible is for the siblings who did inherit and also thought ignoring one specific sibling was unfair, could all contribute to a fund (after the intial distribution of the assets) for the 'ignored' child.

[scorecard]

1 hour ago, moogradod said:

I did not mention that quote, but as I said I think it seems to me as well outrageous expensive. It's more than 10 - max 15k for a Will and Living Will, both perfectly written with translations.

My apology for my mistake.

[scorecard]

5 hours ago, scorecard said:

Yes it has happened in Thaiand and become public. In the couple of cases I recall there were very extreme circumstances which pushed the judge to amend the will. And in at least one of the cases all of the family members strongly backed that there was no valid reason why the sibling who was ignored by the mother should not receive the same benefit as all the other 3 or 4 siblings. 

Just remembered more detail. The case was a very senior ruthless army general who had a wife and children and several minor wives and had lived publicly full time with the final minor wife for 2 decades or more. The children (adults at the time of the generals death) barely knew their birth mother and saw her as an an unpleasant woman. They had grown to be very attached to the minor wife. 

 

Upon his death a will was found which had been written several decades earlier before any children were born and the will bequeathed everything to the original wife who hadn't had any contact whatever with the general or the children for decades, including no contct with the children from when they were toddlers.

 

The children together with the minor wife approached the court asking to be recognized as recipients of the generals rather large amount of land and buildings and cash. 

 

They won. 

[Robin]

I would think hat your Will is far too important to be done by DIY instructions from the internet.  You will not be around when it is being enforced and never underestimate how unscrupulous some can be when money is at stake.

My advice would be to contact a reputable firm of solicitors in UK and get them to prepare your will. following your instructions.  Thye should point out any errors and lose ends in your draft will.  For instance, what if your G/F predeceases you?  Or you both die together in an accident.

Wha if you separate before you die?

What if a 'long lost relative ' of yours appears and claims his share of your assets?

I have personal experience of how badly written Wills can go wrong, even in UK, so i advise taking trouble to get it right. Sure it will cost money, but think of the misery that could be caused if your will is wrong..  name your solicitor as executor and take the stress away from your G/F.

 

[connda]

On 9/24/2022 at 4:58 PM, Keith5588 said:

I am from the UK. Can a Last Will & Testament for all my assets that I have in Thailand be written in English only with no Thai language copy?

Sure.  But when you take it to probate the court will probably demand a notarized translation.

Sooooo.  Just have a lawyer draw up your Will in both English and Thai.
That's what I have.  Easy breezy.

[connda]

On 9/24/2022 at 6:38 PM, Keith5588 said:

Thank you @Farmerslife I will make more enquiries. I still do not understand, it is my Will and I need to fully understand it.

Have a lawyer draw up a copy in both English and Thai.  Run the translation through an online translation program if you're paranoid and have your girlfriend interpret anything you don't understand.

You're fretting over nothing that can't be easily resolved unless you yourself are creating the problem.

Lot of good info here by other member.  Stop discounting it.

[connda]

On 9/24/2022 at 8:13 PM, Keith5588 said:

The Thai Will is in English language only.

And that will cause your beneficiaries nothing but grief in probate count.
But you'll be dead so?  What the heck 'eh?

Best of luck on this.  You're not listening to anyone's advice, so why post this in the first place.  ????  Bye.

[persimmon]

On 10/17/2022 at 4:56 AM, Robin said:

I would think hat your Will is far too important to be done by DIY instructions from the internet.  You will not be around when it is being enforced and never underestimate how unscrupulous some can be when money is at stake.

My advice would be to contact a reputable firm of solicitors in UK and get them to prepare your will. following your instructions.  Thye should point out any errors and lose ends in your draft will.  For instance, what if your G/F predeceases you?  Or you both die together in an accident.

Wha if you separate before you die?

What if a 'long lost relative ' of yours appears and claims his share of your assets?

I have personal experience of how badly written Wills can go wrong, even in UK, so i advise taking trouble to get it right. Sure it will cost money, but think of the misery that could be caused if your will is wrong..  name your solicitor as executor and take the stress away from your G/F.

 

Watch out for fees if you do this . My local solicitor charges £ 250 / hr + VAT . If you give them carte blanche to handle things on a " time incurred " basis , most of the estate might be eaten up in fees - receive a letter - ching , that`s another £ 150 gone , maybe more to send a letter .

Better to get a fixed quote for sorting out an estate , some will do it on a % basis .

Either way , if you have assets in the UK , it will be a problem for the average Thai person to sort out .

[andreww]

Just an update: got my Thai will written, translated to English and signed at a local law office for 6500 thb, gotta deposit it to amphur and have piece of mind on this matter. Whoever quotes 10k+ is simply trying to bank from your unawareness, just open google maps and call around for better quotes, took my wife whole 10 minutes to fine a good deal.

 

First overpriced lawyer was recommended by my wife's freind, but the friend's family is top 0.0001% richest family in Thailand, and I guess her lawyer is very well aware of that. Or maybe she expected a laundry list of assets to enumerate with all the labour involved, not sure. 

Edited November 25, 2022 by andreww

[scorecard]

On 10/17/2022 at 10:56 AM, Robin said:

I would think hat your Will is far too important to be done by DIY instructions from the internet.  You will not be around when it is being enforced and never underestimate how unscrupulous some can be when money is at stake.

My advice would be to contact a reputable firm of solicitors in UK and get them to prepare your will. following your instructions.  Thye should point out any errors and lose ends in your draft will.  For instance, what if your G/F predeceases you?  Or you both die together in an accident.

Wha if you separate before you die?

What if a 'long lost relative ' of yours appears and claims his share of your assets?

I have personal experience of how badly written Wills can go wrong, even in UK, so i advise taking trouble to get it right. Sure it will cost money, but think of the misery that could be caused if your will is wrong..  name your solicitor as executor and take the stress away from your G/F.

 

"I would think hat your Will is far too important to be done by DIY instructions from the internet."

 

Agree, poorly written could include words/phrases/sentences which could be ambiguous/possible to be interpreted 2 (or more) ways, and because of the words/construction used impossible to be used to distribute the assets.

 Another example (which I've also heard of), what's written in paragraph 1 / section 1 etc., clashes with what's written in another part of the will.  Again, impossible to be used to distribute the assets.