Expat Will In Thailand

[sidleonard]

My Thai wife and I (U.S. Citizen), after residing 30 years in the U.S., will soon permanently move to Thailand. In preparation for our move I have prepared my will, with much assistance from my wife, using the English-Thai format that I downloaded from a link provided by someone on this forum who assured that it would be valid in Thailand even if I have prepared and witnessed it here in the U.S., as, he said, Thailand recognizes wills which are prepared in a foreign country. - I did notice that the aforementioned format did not include, in addition to requiring two witnesses, that a Thai will must be notarized; is this the case with Thai wills, and, If notarization of wills is required in Thailand, would the notarization, as well as the witnessing, in the U.S. Be acceptable? Thank you.

[nigelforbes]

Spend 6,000 baht and have a Thai lawyer prepare your will, that way there wont be any questions and you can sleep well at night.

[Tom H]

You have no clue what obstacles could arise when you dont have a lawyer doing the stuff. It starts with taxes and ends up with an executor. I had 2 lawyers due to difficult tax questions.

Edited January 25, 2023 by Tom H

[ezzra]

If you care who will inherent you and that your affairs will be handled properly, and you want to live the rest of your life not worrying about it, do it properly and get a local lawyer to draw a proper will and testament for you and your family,

[KhunLA]

Thai will enforces Thai assets only,   No matter what the will states about assets abroad.  Thai court has no jurisdiction overseas.  Thai will must be in Thai script.

 

Thai will does NOT have to be notarized, BUT, witnesses' signatures must be signed at the registering office in the presence of one filing will.  Whether those signatures & will can be officially notarized in TH elsewhere, I don't know.

 

We have only done DIY wills at Amphur offices, and procedure the same at both.  Lawyer not needed, but ... UP2U

[nigelforbes]

2 hours ago, KhunLA said:

Thai will enforces Thai assets only,   No matter what the will states about assets abroad.  Thai court has no jurisdiction overseas.  Thai will must be in Thai script.

 

Thai will does NOT have to be notarized, BUT, witnesses' signatures must be signed at the registering office in the presence of one filing will.  Whether those signatures & will can be officially notarized in TH elsewhere, I don't know.

 

We have only done DIY wills at Amphur offices, and procedure the same at both.  Lawyer not needed, but ... UP2U

A Thai will must be written in or translated into Thai for Probate purposes but it must be signed when it is written in the Will holders native language. Will holders cannot be expected to understand and approve the contents of a document written in another language hence the will can be challenged on that basis.

[1FinickyOne]

I have both a Thai Will and US Will and executor...

 

I have assets in both countries. 

4 hours ago, nigelforbes said:

you can sleep well at night.

I only wish that were so... 

[Tom H]

4 hours ago, KhunLA said:

Thai will enforces Thai assets only,   No matter what the will states about assets abroad.  Thai court has no jurisdiction overseas.  Thai will must be in Thai script.

 

Thai will does NOT have to be notarized, BUT, witnesses' signatures must be signed at the registering office in the presence of one filing will.  Whether those signatures & will can be officially notarized in TH elsewhere, I don't know.

 

We have only done DIY wills at Amphur offices, and procedure the same at both.  Lawyer not needed, but ... UP2U

Thai last will also enforces assets abroad. You are wrong! 100% false! That alone shows you need to have a lawyer.

[KhunLA]

27 minutes ago, Tom H said:

Thai last will also enforces assets abroad. You are wrong! 100% false! That alone shows you need to have a lawyer.

You may need a lawyer, but I don't ????

 

"Last Will and Testament for Thailand Foreigners with assets in Thailand can choose to make a Thai last will and testament specifically for assets inside Thailand and expressly excluding assets outside Thailand."

 

Page 13:

http://www.thairealestate.co.th/downloads/FAMILY_LAWS.pdf

 

A foreign written will can be translated & registered in Thailand.  But adjudication of that will, requires court proceeding, Page 3:

Edited January 25, 2023 by KhunLA