A Will In Thailand

[mellow1]

I read a bunch of Visa threads and they have left me with the following questions.

I am led to the conclusion in my reading of TV,that if my wife dies our 8 year old son will inherit all property.He is the only child,either one of us have.Is this correct? He has dual nationality,and we live in Thailand full time.

As a father, I would" assume" that this would continue to be so.Would I also have the right to manage the property as I see fit?After all, I paid for it all and supervised construction(can show money trail as well as contracts).

I'm sure a lawyer is essential(probably Sunbelt),but I would like as much input as possible,in order to be prepared for any obstacles, which may occur, should such a bad scenario present itself.I would like to be able to use the available sensible input,when the Will is drawn up.

[wolfmanjack]

Are your wife's parents still alive ??

If her parents are not alive then you and your son will inherit equally.

[Old Man River]

I read a bunch of Visa threads and they have left me with the following questions.

I am led to the conclusion in my reading of TV,that if my wife dies our 8 year old son will inherit all property.He is the only child,either one of us have.Is this correct? He has dual nationality,and we live in Thailand full time.

As a father, I would" assume" that this would continue to be so.Would I also have the right to manage the property as I see fit?After all, I paid for it all and supervised construction(can show money trail as well as contracts).

I'm sure a lawyer is essential(probably Sunbelt),but I would like as much input as possible,in order to be prepared for any obstacles, which may occur, should such a bad scenario present itself.I would like to be able to use the available sensible input,when the Will is drawn up.

Get a Will done in Thailand so you control what will happen while you still can. I am in process of doing this now and have almost the same circumstances that you have. This is too important not to do right.

[wileycoyote]

[Get a Will done in Thailand so you control what will happen while you still can. I am in process of doing this now and have almost the same circumstances that you have. This is too important not to do right.

How long does it take to draft a small will ?

How much would it cost ?

Wiley Coyote

Edited July 3, 2007 by wileycoyote

[Old Man River]

[Get a Will done in Thailand so you control what will happen while you still can. I am in process of doing this now and have almost the same circumstances that you have. This is too important not to do right.

How long does it take to draft a small will ?

How much would it cost ?

Wiley Coyote

I haven't paid the bill yet. It shouldn't take long. As to price, check with Sunbelt to see if they can do it. If not, they should be able to steer you in the right direction.

[mellow1]

Can this be done locally?

I noticed this forum mentions Sunbelt Legal Advisors a lot.We will probably speak with them.

Old Man River-You are doing this,do you have any recommendations,or any special input,you may have discovered in the process?

wolfmanjack-Her mother is still alive,a nice lady,but the promise of money may change that.In my readings of TV,the order of inheritance displayed showed the child as first in line in the pecking order.But a Will is the way to go.

Thank you for your replies,mellow1.

[MrSquigle]

Yes I have been told also by lawyers that the children are first in line, then parents and siblings etc. I have this info recorded somewhere, I willtry to find the exact list in orded.

You can manage your childs property then, but to change anything, sell for example, you will need to get court approval and I do not know how long tat takes in the family court here, I would imaginemonths.

It can also be willed to you, but then the authority will order you to sell it within 12 months, what happens after 12 months I do not know.

I was quoted 10k and another quoted 12k for a lawyer to do it. The local amphur can do it apparently for a couple of hundred baht.

You need to be aware that wherever you get it done, your wife can go an change it at anytime, the following day perhaps and does not have to advise you of it at all. So basically i think a lawyer expensive will would be a complete waste.

Unles of course they can legally write into it a clause which prohibits any new wills being drawn up and making them invalid without your acknowledgement. this I have not asked about yet. Even when I do, can you be sure that the lawyer is accurate in his instructions.

It's a mine field out there, keep your head down.

[mellow1]

Thanks for your input MrSquigle.

My wife is 100% for the making of such a will.She also knows, that her mother is basically incapable of taking care of herself,much less our son.She cannot read or write,nor has she any "street smarts",and without the help from all the daughters,would be in a bigger mess.I don't wish to sound as speaking ill of the woman,I like her,and my wife loves her mother.We just wouldn't want our son in that situation.As for her managing a good chunk in investments,we would all be destitute(including the mother)in a very short time,without a clue as to what happened.

Going to the local amphur, to have this will drawn up sounds like a bargain.But,after living here for a number of years,and having done quite a lot of things through local officials.The prospect of allowing any of them, to have any control,or input into our destiny,is frightening.The person drawing up this paper, could be someones offspring, whose father has a high position,and got the job through this connection, although they are mentally challenged.

A VERY GOOD IDEA, which you brought up, is the clause, that the will cannot be changed. Definetelly something that I did not think about. Thank you,mellow1.

PS.In no way do I mean to be disrespectful, for any part of your input.Should it sound as such, please accept my apology.

[rawdonlad]

My Thai wife and I just did wills at a lawyers in Korat yesterday and had them translated into English, at the same time I did a Usufruct on the land and house we are building. The package deal was 15,000 (5,000 for the two wills and 10,000 for the Usufruct including a lawyer meeting us today at the land office and getting the land document changed. Also another 1,000 for an English translation of the two wills. An excellent firm.

[mellow1]

Rawdonlad why did you do a Usufruct?In order to do business?I would probably liquidate, if I didn't have my wife,and move back to the USA. with my son.Do you think I would need a Usufruct (had to look that up) in order to do this?And why.

Also what firm was that,info please.I'm close to Buriram and Korat isn't far,also the fee seems quite reasonable.

Edited July 4, 2007 by mellow1

[rawdonlad]

Hi Mellow1

Just sent you a PM about my Usufruct and Wills

[mellow1]

Thank you very much rawdonlad, I will now check them out.