Thai lawyer's death and our will.

[khaepmu]

Not sure if this is the correct forum for talking about wills but it concerns money and expats. My Thai wife and I had a lawyer draw up a will. One for me which leaves everything to my Thai wife. And she did the same. A will was drawn up for her with me as the only beneficiary. Not really a lot of assets. Just a few bank accounts, and one joint bank account. But since the lawyer who drew up the will has passed a way I was wondering if that would  invalidate the will. I would think that since it is still a valid will his death would not invalidate it. We have the real will in our possession. 

[Myran]

Of course not. Do you think everyone with wills are keeping track of whether or not the lawyers who drew them up are dead or not? That would be ridiculous.

[KannikaP]

Of course it is still valid. You only paid the Lawyer for something you COULD do yourself.

Edited March 17, 2023 by KannikaP

[scubascuba3]

2 minutes ago, KannikaP said:

Of course it is still valid. You only paid the Lawyer for something you COULD do yourself.

Maybe. My lawyer friend does wills including a video, protection against it being contested in court.

 

I see the biggest risk being someone dies and no one knows where the will is

[KannikaP]

1 minute ago, scubascuba3 said:

Maybe. My lawyer friend does wills including a video, protection against it being contested in court.

 

I see the biggest risk being someone dies and no one knows where the will is

No, the biggest risk is the actual dying. 

I have the original copy in my top drawer. My wife has a copy as do my brothers in UK. Belt & braces.

[scubascuba3]

18 minutes ago, KannikaP said:

No, the biggest risk is the actual dying. 

I have the original copy in my top drawer. My wife has a copy as do my brothers in UK. Belt & braces.

I'm thinking more if someone is single, of course if have wife and kids they can have copy of will

[KannikaP]

1 minute ago, scubascuba3 said:

I'm thinking more if someone is single, of course if have wife and kids they can have copy of will

Tell all your family and real friends where the original is, and/or email them a copy of it, together with a photo of you holding it with the date showing.

[Henk Langeweg]

What happens if that Lawyer (past away) is named as the executor?

[nigelforbes]

The will would have to go to Probate Court regardless, the Court would appoint a new executor/executrix. Your existing will remains valid under any circumstances, unless you void it. You could, redraft your existing will, naming a new Executor or Executrix, along with a second choice in case your primary choice also dies. Or, you could leave things as is and let the Court appoint the Executor/Executrix, or, you could write a codicil which amends the current will and names the new Executor/Executrix. A codicil is really just a mini will and explains what changes you are making and why. It will have to be signed and witnessed by two witnesses (they dont have to be the same ones that witnessed your will, which is probably just as well I imagine).

[yeahbutif]

I'm not sure a Thai wife can leave her assets soly to her husband as I believe there are 6 level of descendents who could be untitled to a share...  In Thai law 

[Salerno]

1 hour ago, yeahbutif said:

I believe there are 6 level of descendents who could be untitled to a share

Only if you don't have a valid will.

 

How to create a valid will: https://www.samuiforsale.com/family-law/forms-of-wills-under-thai-law.html

 

If you die intestate: https://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html#:~:text=Thai inheritance laws designate intestate,equal share (section 1630).

Edited March 17, 2023 by Salerno
Added links

[khaepmu]

"1. A person under Thai law may also make a holographic testament, i.e. a testament written wholly by the testator himself, including the date of writing and signature of the testator (section 1657 Civil and Commercial Code)."

 

If done correctly, this seems a reasonable alternative to the two other legal ways of drawing up a will. And you would not have to pay a lawyer's fee. You don't even need witnesses to sign it. 

[nigelforbes]

12 hours ago, yeahbutif said:

I'm not sure a Thai wife can leave her assets soly to her husband as I believe there are 6 level of descendents who could be untitled to a share...  In Thai law 

A will over rides the law of succession which only applies if there is no will.

[nigelforbes]

4 minutes ago, khaepmu said:

"1. A person under Thai law may also make a holographic testament, i.e. a testament written wholly by the testator himself, including the date of writing and signature of the testator (section 1657 Civil and Commercial Code)."

 

If done correctly, this seems a reasonable alternative to the two other legal ways of drawing up a will. And you would not have to pay a lawyer's fee. You don't even need witnesses to sign it. 

This is dangerous advice which may or may not be correct as it stands. The real question is why would a person not wish to write a conventional will when the risk of doing so is virtually nil.

[yeahbutif]

Taking from salano post on how to make a will.....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.1658.     So we need to b able to read a write Thai? Not valid if not?

[nigelforbes]

4 minutes ago, yeahbutif said:

Taking from salano post on how to make a will.....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.1658.     So we need to b able to read a write Thai? Not valid if not?

A will must be written in the native language of the person the will belongs to, no matter that it is subsequently translated for Probate Court purposes. If it is not, the will can be challenged on the obvious grounds that the person did not know what they were signing and the will becomes invalid and subject to the laws of succession.

[Salerno]

12 minutes ago, yeahbutif said:

So we need to b able to read a write Thai? Not valid if not?

That is only one option for a valid will, note the first sentence:

 

Quote

2, 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.

 

Edited March 18, 2023 by Salerno

[khaepmu]

Our local amphur refused our request to make a will at the amphur office.