Making a will in UK or Thailand or Both?

[yeahbutif]

Making a will UK or Thailand or Both?

 

Should I make a will in Thailand for my property in Thailand to leave all assets to a Thai Girlfriend?

And make another will in the UK to leave all my property and assets to my son

 

But surely one or the wills would over ride the other as it’s a last Testament would it not?

 

As when I was looking at a will template it says the executor must be/or best to be in the country of the will.

(hope i can find a young enough one to out last me)

 

If I made a will in the UK could I say I leave all UK assets to my son and all the Thailand assets to my girlfriend?  I suppose I would have to name the assets?

 

The problem seems to be the UK template ask who are the beneficiaries and what share you want to leave to each , but this is not what I want to do Thai assets to thai lady and Uk assets to My Son .

 

Any advice please

[brewsterbudgen]

You need separate wills.  One for your Thai assets and one for your UK assets.

[CRUNCHER]

Your wills should specifically state that assets in UK/Thailand as appropriate are excluded.

[thaibeachlovers]

Unless it's for something very expensive no need for a will, IMO. My will only left my money to my wife as the bank wouldn't give it to her otherwise. The son is hardly going to demand that a tv or fridge in Thailand is his and should be sent to the UK, and visa versa. Land of course, never belonged to the farang, and cars etc could be put in wife's name anyway- does the OP trust his GF not to kick him out so she can have his car/ house etc?

[nigelforbes]

Both.

[Kwasaki]

On 3/2/2023 at 12:54 PM, nigelforbes said:

Both.

I have made my Thai assets Will out, as told to write out in the correct manner.

 

Couple of questions.

 

Having a job trying to find witnesses can I have westerners as witnesess or does it have to be Thais persons. 

 

When a presenting a copy to the local amfur and bank will the witnesses have to attend. 

[nigelforbes]

1 hour ago, Kwasaki said:

I have made my Thai assets Will out, as told to write out in the correct manner.

 

Couple of questions.

 

Having a job trying to find witnesses can I have westerners as witnesess or does it have to be Thais persons. 

 

When a presenting a copy to the local amfur and bank will the witnesses have to attend. 

Foriegn or Thai, it doesn't matter, as long as they are breathing.

 

No, they do not need to attend, just sign.

[Kwasaki]

1 minute ago, nigelforbes said:

Foriegn or Thai, it doesn't matter, as long as they are breathing.

 

No, they do not need to attend, just sign.

Thanks again for your help.

Will all be signed up Sunday.

[scottiejohn]

Not trying to hijack the thread but what information do the witnesses need to provide with their signatures on a will in Thailand?

i.e. Printed name. address, ID/passport number (if farang) etc!

Edited May 10, 2023 by scottiejohn

[Kwasaki]

9 minutes ago, scottiejohn said:

Not trying to hijack the thread but what information do the witnesses need to provide with their signatures on a will in Thailand?

i.e. Printed name. address, ID/passport number (if farang) etc!

No hi-jack you ask a valid question there's always something you need to get right in Thailand when it comes to paperwork.

[nigelforbes]

28 minutes ago, Kwasaki said:

No hi-jack you ask a valid question there's always something you need to get right in Thailand when it comes to paperwork.

Name, address and ID card or passprt number.

[KannikaP]

16 minutes ago, nigelforbes said:

Name, address and ID card or passport number.

And if they move house or get a new passport before the Willer snuffs it?

I don't think it is needed.

 

[scottiejohn]

Just now, KannikaP said:

And if they move house or get a new passport before the Willer snuffs it?

I don't think it is needed.

 

This is why I asked!

[KannikaP]

On 2/26/2023 at 12:47 PM, CRUNCHER said:

Your wills should specifically state that assets in UK/Thailand as appropriate are excluded.

Surely the phrase ALL UK ASSETS to my son, ALL THAI ASSETS to my GF stated on both Wills should be specific enough.

[Stocky]

1 hour ago, scottiejohn said:

Not trying to hijack the thread but what information do the witnesses need to provide with their signatures on a will in Thailand?

i.e. Printed name. address, ID/passport number (if farang) etc!

When wife and I did our wills then the solicitor took photocopies of the witnesses Thai ID cards together with name and address.

 

As for the question of one or two wills, then one for each country you have assets. I have wills for Thailand, UK and Singapore.

[nigelforbes]

2 minutes ago, KannikaP said:

And if they move house or get a new passport before the Willer snuffs it?

I don't think it is needed.

 

The question was, what information do witnesses need to provide, along with their signature, presumably to prove their identity. If you don't think they need anything  apart from a signature, that's your choice. Every will that I have written or seen here or in the UK has always listed some form of identification, even if (in the UK) only the DOB and address. Thai ID cards don't expire so that number is good for life. Passports expire every ten years so that's a reasonable life span for the document, plus there's usually some form of auudit trail back to old passport numbers, I hstill have every passport I was ever issued over the past sixty years.

[Kwasaki]

12 minutes ago, KannikaP said:

And if they move house or get a new passport before the Willer snuffs it?

I don't think it is needed.

 

No because it was witness at the time of writing the Will. 

[nigelforbes]

4 minutes ago, KannikaP said:

Surely the phrase ALL UK ASSETS to my son, ALL THAI ASSETS to my GF stated on both Wills should be specific enough.

If that's what you like, you should do whatever makes you happy, just don't ask for anyone to tell you that's Ok and legal! All the advice I have ever recieved or read on this subject is that the two wills are entriely separate and clearly define their boundaries whislt mentioning the existence of the other. Your statement "all UK assets to my son" doesn't define who wour son is or how he might be identified, nor doesit define major assets which appears important in Thailand. Most importantly, the statement above attempts to allocate assets in one jurisdiction, to a will in another jurisdiction, probate and a laywer will have fun with that.

[KannikaP]

7 minutes ago, nigelforbes said:

If that's what you like, you should do whatever makes you happy, just don't ask for anyone to tell you that's Ok and legal! All the advice I have ever recieved or read on this subject is that the two wills are entriely separate and clearly define their boundaries whislt mentioning the existence of the other. Your statement "all UK assets to my son" doesn't define who wour son is or how he might be identified, nor doesit define major assets which appears important in Thailand. Most importantly, the statement above attempts to allocate assets in one jurisdiction, to a will in another jurisdiction, probate and a laywer will have fun with that.

I cannot see how it can be any more specific. I said 'Stated on BOTH Wills' so that there can be no misunderstanding in either, and 'to my Son' is merely an example, and was quoting the OP. Of course his son's name, DoB & current address should be added, the same for his GF. You seem to have mis-read what I posted.

And if there is any problem deciding what I mean in my Wills, they can come and talk to me to clarify things.   555

Edited May 10, 2023 by KannikaP

[nigelforbes]

Just now, KannikaP said:

I cannot see how it can be any more specific. I said 'Stated on BOTH Wills' so that there can be no misunderstanding in either, and 'to my Son' is merely an example, and was quoting the OP. Of course his son's name, DoB & current address should be added, the same for his GF. You seem to have mis-read what I posted.

Thai Probate Court is not interested in what is written in your UK will, similarly, the UK Probate Court is not interested in the contents of your Thai will, unless there is a dispute of course. Each court will process any valid will that is within its jursdiction. Mentioning in a Thai will for example that you are leaving all your UK assets to your son makes it unclear in my mind whether you are attempting to write a will that includes Thai assets or global assets, at a minimum it is an attempt to overlap  jurisdictions which I understand is risky. FWIW the opening para in my Thai will and in my UK will, both state that "this will covers all my assets located in country X and specifically excludes assets located elsewhere". The second para reads along the lines of, "All my assets located in the Kingdom of Thailand are governened by my Thai will".

 

I cannot add further to what I have written, rather than go back and forth on this my advice to anyone who is unsure on this point (or any related point) is to consult with the legal profession in the jurisdiction of the will.

[KannikaP]

2 minutes ago, nigelforbes said:

Mentioning in a Thai will for example that you are leaving all your UK assets to your son makes it unclear in my mind whether you are attempting to write a will that includes Thai assets or global assets

In my mind, this statement is perfectly clear. UK assets to family member (named) in UK, and the same in my Thai will to my Thai GF. 

Enough on this now, I have my simple ideas and you are complicating them.

 

[himmel]

Ok, after making  your UK will here in Thailand what's  the next move,,

register it with a UK solicitor, baring in mind that UK courts only except

originals,  would you keep a copy for yourself, and send the original to a solicitor in the UK 

if you could find one, ( i had difficulty finding one when i sold my UK flat in Nov last year because i lived in Thailand) same appleys to Death Cert,

how many, Bank, Gov Pension, Privat Pension, Tax Man, Accountant ,   

Can a UK solicitor Execute my will, as it is a daunting task for a member of the family

if they don't live in the UK, I'm just putting out feelers as I'm 78 years young

[KannikaP]

Solicitor? I have the originals here with me and the Mrs.

Copies sent to all my siblings in UK. 

[Kwasaki]

On 5/10/2023 at 5:30 PM, nigelforbes said:

Thai Probate Court is not interested in what is written in your UK will, similarly, the UK Probate Court is not interested in the contents of your Thai will, unless there is a dispute of course. Each court will process any valid will that is within its jursdiction. Mentioning in a Thai will for example that you are leaving all your UK assets to your son makes it unclear in my mind whether you are attempting to write a will that includes Thai assets or global assets, at a minimum it is an attempt to overlap  jurisdictions which I understand is risky. FWIW the opening para in my Thai will and in my UK will, both state that "this will covers all my assets located in country X and specifically excludes assets located elsewhere". The second para reads along the lines of, "All my assets located in the Kingdom of Thailand are governened by my Thai will".

 

I cannot add further to what I have written, rather than go back and forth on this my advice to anyone who is unsure on this point (or any related point) is to consult with the legal profession in the jurisdiction of the will.

As already being thankful for your help my Mrs took my Thai Will into the local Amfur govt office after getting the Will translated and all was OK except they want me to put the date. ????

Always forget something. 

 

[himmel]

Thanks for your reply Kannikap,  Solicitor, so your Solicitor will Execute your will, did you give him details of your Utilities, Bank, ect, will he except copy's of your will from your Siblings, or want Notarized ones, did you already have a solicitor or choose

one at random, is your will Notarized, what about death Certs, how many would one

need for Utilities, 2, 4, would your wife have to get these Notarized in Thailand, or send one to UK 

Solicitor that was Notarized, and the Solicitor would send copy's to the revertant Utilities.

Have you given your Solicitor Power of Attorney to divide your estate to your siblings,

Sorry to ask so much but my Wife cant read or write English so there would be no point in

anyone asking her for information. Thanks

    

[himmel]

Not much help if your not going to answer questions.

[topt]

3 hours ago, himmel said:

Not much help if your not going to answer questions.

Perhaps because your questions are confusing.....and unless you quote someone how do they know you replied........

 

Are you talking about a will for your assets in UK or your assets in Thailand.?

If you read all the posts it may help answer some of your questions and if you search this and the banking forum there have been other threads to do with making wills and the probate. process in Thailand.

[himmel]

Topt, if you read Kannikap post you will see he's referring to his UK will

so its obvious that I'm taking about a UK will, don't know how to quote,

what's confusing,  perhaps you would like to elaborate or answer some 

of the questions yourself,   

[topt]

18 hours ago, himmel said:

don't know how to quote,

1 - Highlight the text in the message you want to quote (left click) and a box pops up saying quote section. Click it.....

2 - Easiest just quote the whole message by clicking on the word Quote in greyed text below the message

3 - Use @ sign followed by poster name.  @himmel As you start to type the name different members names come up just click on the right one

[topt]

@himmel try reading this thread which has a lot of information - 

More recent -https://aseannow.com/topic/1281406-last-will-and-testament/