Where can I get an English translation of a Thai will form?

[MrMuddle]

I'm looking to complete a will for all of my assets in Thailand. I already have a UK one for my assets there. I want a form acceptable to the local City Hall, so i can register the will there, and hopefully make life easier for my wife, when I die. Any other useful tips, information would be helpful. Thank you.

[Tom H]

If you live in Thailand I would make one last will including assets abroad on basis of Thai law. Why?

Save tax:).

 

I did it with a professional international lawyer in Thailand. You should not save on expertise concerning this most important paper without an tax evaluation 2 wills versus 1 in Thailand for all assets.

 

You avoid also any conflicts between two “laws”.

 

 

Edited May 25, 2023 by Tom H

[hotandsticky]

The amphur Will can only be in Thai.

 

Any English version is simply for you to guide the translator.

 

You will have no idea what the final version says so it might be sensible to get your wife to read it to you.

[hotandsticky]

Just now, Tom H said:

If you live in Thailand I would make one last will including assets abroad. Why?

Save tax:).

I did it with a professional international lawyer in Thailand. You shoild not save on expertise concerning this most important paper without a tax evaluation 2 wills versus 1 in Thailand for all.

Disagree.

 

The 2 Wills are usually unrelated with totally different beneficiaries.

 

You have no idea of the OP's tax position so your advice is ill placed. I seriously doubt that there will be ANY tax implications in either location.

[KhunLA]

Download online will, in Thai/English.  Basically a fill in the blanks.  I did it a couple times and filed with Amphur.  Last will, the wife simply downloaded one, and wrote one herself, using the downloaded one as a guide.

 

All very simple actually.  Or simply pay a lawyer to do it.

[Tom H]

1 hour ago, hotandsticky said:

Disagree.

 

The 2 Wills are usually unrelated with totally different beneficiaries.

 

You have no idea of the OP's tax position so your advice is ill placed. I seriously doubt that there will be ANY tax implications in either location.

Well, first 50 M Baht free then 10%.
If he lives in Thailand and makes a Thai last will for all assets the Thai beneficiary pays only Thai tax even for assets abroad. At least a point to check with an expert.

 

If different beneficiaries, meaning apart from a Thai, you are right and two wills are the option. But even for that case an expert needs or should be appointed because of some possible interfaces between the wills.

 

Many people with assets dont know tax optimized last wills. Thats my conclusion after dealing with this matter for years:)

Edited May 25, 2023 by Tom H

[pgrahmm]

Star Visa provides attorney & translation services.....

[Will B Good]

https://www.bangkok-translation.com

 

Well impressed with them.

[khunPer]

5 hours ago, Tom H said:

If you live in Thailand I would make one last will including assets abroad on basis of Thai law. Why?

It's depending where you primary stay was, when you die, that is the law for handling the estate – except for non moveable items like real estate.

[khunPer]

6 hours ago, MrMuddle said:

I'm looking to complete a will for all of my assets in Thailand. I already have a UK one for my assets there.

You can download last will forms in Thai & English for a small fee from a number of lawyer's homepages, for example from HERE.

[Badger18]

1 hour ago, khunPer said:

It's depending where you primary stay was, when you die, that is the law for handling the estate – except for non moveable items like real estate.

That may be true for some countries but not for the UK. If you're UK domiciled (that's domiciled, not resident) UK IHT is payable on all assets regardless of where they are. It's possible to become domiciled outside the UK but it takes far far more than just primarily staying in another country (or making a Thai will). In fact Brits living in Thailand at the time of death could easily end up paying *more* inheritance tax because they won't get the family home tax break. I don't think you get the spousal exemption either, if your spouse is not UK domiciled.

 

This is subject to the double tax treaty between the UK and Thailand, but the original 1981 convention did not cover IHT so unless it's been amended it makes no difference.

[malt25]

Isaan lawyers, Korat. I've had then do my wills. Very happy. Good service.

[khunPer]

22 hours ago, Badger18 said:

That may be true for some countries but not for the UK. If you're UK domiciled (that's domiciled, not resident) UK IHT is payable on all assets regardless of where they are. It's possible to become domiciled outside the UK but it takes far far more than just primarily staying in another country (or making a Thai will). In fact Brits living in Thailand at the time of death could easily end up paying *more* inheritance tax because they won't get the family home tax break. I don't think you get the spousal exemption either, if your spouse is not UK domiciled.

 

This is subject to the double tax treaty between the UK and Thailand, but the original 1981 convention did not cover IHT so unless it's been amended it makes no difference.

Taxation – which is what a DTA is about – is different from handling the deceased's estate. DTA is about "double taxation". Taxation has to do with both domicile and tax-residency, you can be taxed both places, and you can be covered by a DTA covering you not to be double taxed. The estate can still be handled in the country of primary resindency, even the dividend – or part of the dividend – shall be taxed in another country.

[MrMuddle]

On 5/25/2023 at 8:48 AM, KhunLA said:

Download online will, in Thai/English.  Basically a fill in the blanks.  I did it a couple times and filed with Amphur.  Last will, the wife simply downloaded one, and wrote one herself, using the downloaded one as a guide.

 

All very simple actually.  Or simply pay a lawyer to do it.

Where from? Have you a link, please?

[MrMuddle]

22 hours ago, malt25 said:

Isaan lawyers, Korat. I've had then do my wills. Very happy. Good service.

Link please, how much did it cost?

[Badger18]

1 hour ago, khunPer said:

Taxation – which is what a DTA is about – is different from handling the deceased's estate. DTA is about "double taxation". Taxation has to do with both domicile and tax-residency, you can be taxed both places, and you can be covered by a DTA covering you not to be double taxed. The estate can still be handled in the country of primary resindency, even the dividend – or part of the dividend – shall be taxed in another country.

Yes, the question of who administers the estate, and according to what law, is separate from the question of what taxes are due - but you raised the issue of administration in response to another post saying that it was a good idea to have a separate Thai will in order to avoid paying UK inheritance tax, and it reads to me as if it's saying that's partly true. Maybe I should have responded to the previous poster and not you, but in that case I'm not sure what you are saying - that it's a good idea to have a Thai will because it's much more practical to have a Thai executor?

[Badger18]

On 5/25/2023 at 2:19 AM, MrMuddle said:

I'm looking to complete a will for all of my assets in Thailand. I already have a UK one for my assets there.

Does your English will say it only covers your UK assets? If not you are potentially creating a headache for your English executor. They would at least need a copy and translation of the Thai will.

[metisdead]

A troll post has been reported and removed.

[MrMuddle]

Yes it does, but I can email the executor copies and translation of the Thai will, once I get one sorted out. I could also post them to him.

Edited May 26, 2023 by MrMuddle
extra info

[xylophone]

18 minutes ago, MrMuddle said:

Yes it does, but I can email the executor copies and translation of the Thai will, once I get one sorted out. I could also post them to him.

Just sent you a pm.

[Mickeymaus]

On 5/25/2023 at 9:31 AM, Tom H said:

Well, first 50 M Baht free then 10%.
If he lives in Thailand and makes a Thai last will for all assets the Thai beneficiary pays only Thai tax even for assets abroad. At least a point to check with an expert.

 

If different beneficiaries, meaning apart from a Thai, you are right and two wills are the option. But even for that case an expert needs or should be appointed because of some possible interfaces between the wills.

 

Many people with assets dont know tax optimized last wills. Thats my conclusion after dealing with this matter for years:)

Almost correct... 

 

 

"Inheritance tax rates

 

If the inheritance received has a value exceeding THB 100 million, only the portion that exceeds THB 100 million will be taxed.

 

The inheritance tax rates for the exceeding amount are:

 

5% inheritance tax for parents and descendants

10% inheritance tax for other heirs"

 

https://thailand.acclime.com/guides/inheritance-tax/

[KhunLA]

52 minutes ago, MrMuddle said:

Where from? Have you a link, please?

https://www.thailandlawonline.com/thailand-last-will-template/view-document

[malt25]

15 hours ago, MrMuddle said:

Link please, how much did it cost?

https://www.google.com/search?q=isaan+lawyers&rlz=1C1CHBF_enTH1046TH1046&oq=isaan+lawyers&aqs=chrome..69i57j0i512l2j0i390i650l3.8742j1j15&sourceid=chrome&ie=UTF-8   I initially had two wills made. One for self & one for then Thai wife. Total 10,000 Baht. Now divorced. Had new will made cost 2,000 Baht as I was an existing client.

[Tom H]

19 hours ago, Mickeymaus said:

Almost correct... 

 

 

"Inheritance tax rates

 

If the inheritance received has a value exceeding THB 100 million, only the portion that exceeds THB 100 million will be taxed.

 

The inheritance tax rates for the exceeding amount are:

 

5% inheritance tax for parents and descendants

10% inheritance tax for other heirs"

 

https://thailand.acclime.com/guides/inheritance-tax/

Thanks. Then they increased to 100 M since I made my last will. Good. No tax then in my case????

Edited May 27, 2023 by Tom H

[khunPer]

20 hours ago, Badger18 said:

Yes, the question of who administers the estate, and according to what law, is separate from the question of what taxes are due - but you raised the issue of administration in response to another post saying that it was a good idea to have a separate Thai will in order to avoid paying UK inheritance tax, and it reads to me as if it's saying that's partly true. Maybe I should have responded to the previous poster and not you, but in that case I'm not sure what you are saying - that it's a good idea to have a Thai will because it's much more practical to have a Thai executor?

Thai lawyers recommend to make two last will, one for assets in Thailand following the Thai law, and another for assets in one's home country following that laws (source, the book "Thai Law for Foreigners). It makes good sense, especially if real estate is involved, as that will follow domestic laws; i.e. no matter what for example UK law says, a foreigner cannot inherit land in Thailand. Also because, if there is no will – or no valid will – the estate will be distributed according to the law, which in Thailand means only 50% to a spouse.

 

Looked at it in another way, it's better to use both belt and suspenders...

 

There is at present no inheritance tax in Thailand, but that does not prevent foreign heirs from paying tax in their home country...????

[Derek B]

On 5/25/2023 at 11:36 AM, pgrahmm said:

Star Visa provides attorney & translation services.....

I have used them several times.

[xylophone]

On 5/26/2023 at 4:41 PM, MrMuddle said:

Yes it does, but I can email the executor copies and translation of the Thai will, once I get one sorted out. I could also post them to him.

Did you get the private message I sent you......it has a Thai/English Will form attached??

[MrMuddle]

On 5/28/2023 at 12:49 PM, xylophone said:

Did you get the private message I sent you......it has a Thai/English Will form attached??

Yes thanks.

[JimmyJ]

On 5/25/2023 at 8:30 AM, Tom H said:

If you live in Thailand I would make one last will including assets abroad on basis of Thai law. Why?

Save tax:).

 

I did it with a professional international lawyer in Thailand. You should not save on expertise concerning this most important paper without an tax evaluation 2 wills versus 1 in Thailand for all assets.

 

You avoid also any conflicts between two “laws”.

 

 

Lawyer's name (if you recommend)?

[Pinokio420]

I recommend having a professional draft of your will in line with Thai law. For my own dealings in Thailand, I used legal translation services, and it made the process smoother. 

 

Don't forget to legalize the translated documents with local authorities after that. Consulting a local lawyer might also be wise, as they'll understand the specific requirements of your local City Hall.