advise on last will

[thaisabai]

hi all

any suggestions?

single person, 77 years old, living alone, no relatives (only friends)

have bank account in the US and in Thailand.

when I pass would like to donate money (whatever is left) to some friends and/or charity.

How can I set this up?

at the moment I have no idea how to get my account from the US to Thailand (working on this)

Account in Thailand, it is mainly about the 800.000 Baht that I deposited for my retirement visa.

should I make a last will? if yes, any suggestions how to?

where do I deposit my last will so that it will be found in case of sudden passing?

How can the beneficiary claim the 800.000 in my account?

so many questions. any advice is welcome, thank you.

 

[1FinickyOne]

You need to write a will and have an executor - you might need a Will for both here and there... talk to a lawyer. 

[bignok]

7 minutes ago, thaisabai said:

hi all

any suggestions?

single person, 77 years old, living alone, no relatives (only friends)

have bank account in the US and in Thailand.

when I pass would like to donate money (whatever is left) to some friends and/or  charity.

How can I set this up?

at the moment I have no idea how to get my account from the US to Thailand (working on this)

Account in Thailand, it is mainly about the 800.000 Baht that I deposited for my retirement visa.

should I make a last will? if yes, any suggestions how to?

where do I deposit my last will so that it will be found in case of sudden passing?

How can the beneficiary claim the 800.000 in my account?

so many questions. any advice is welcome, thank you.

 

You need an executor who can execute the deeds. Choose a friend to do this. Or choose executors if you cant trust one.

[NoDisplayName]

Any advice on how to simply and easily legalize a will?  I had read on this forum in the past to simply take them to an Amphur to be stamped/registered.

 

My wife and I wrote up our wills, tried to register them at our local Amphur, also tried at the main Amphur in Korat, but were told "foreigner, no can."

[kawikasudo]

I’m an American and made my will last week at Magna Carta in Pattaya. The main branch is in Bangkok. 7K baht for the last will and 5K baht for the Living will.

[DFPhuket]

See a Thai lawyer who speaks English to create a Will. It might cost you 10,000 baht, but not having one will means that a higher amount of your assets will have to be spent after your death on lawyer fees. I have both a Thai will that covers bank accounts, condo, car, etc. here and a US will for my investment assets there. I, the lawyer, and my executor have copies of the Wills. 

 

You need to decide which person will be named as the executor and be responsible for making certain that following your death, the money goes to those you've indicated. The person can be a friend. You can also provide funds to the person at your death for taking on that responsibility. He/she would work with the lawyer. Without a Will, your Thai bank accounts will be frozen for quite a long time. 

[topt]

17 hours ago, kawikasudo said:

at Magna Carta in Pattaya. The main branch is in Bangkok.

Really.....you have contact details for Bangkok?

My understanding is they have always been a Pattaya based service and even their web site does not mention any Bangkok office............

https://magnacarta.co.th/home/

 

The will prices you mention seem very reasonable. However another poster mentioned in another thread that they quoted him 130k for probate..........

[topt]

18 hours ago, thaisabai said:

any suggestions?

Have you searched for similar topics like this one -

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

 

There is also a pinned topic in the Pattaya forum which has a lot of information.........

https://aseannow.com/topic/447336-will-advice/  

 

Use Google or other search engine as the AN search box does not always deliver...........

[Andycoops]

Most lawyers will make a will for you and act as the executor.

[dlclark97]

19 hours ago, 1FinickyOne said:

You need to write a will and have an executor - you might need a Will for both here and there... talk to a lawyer. 

I have Thai and USA wills.  Both done by a lawyer and not expensive.  My lawyer keeps one original copy.  A second original should be located where your executor could gain access to it.  A copy should be located in your residence along with a letter explaining where the originals are kept.

[HuskerDo2]

A fool proof way is to add a beneficiary to the acct for when you pass. That way you don't have to worry about any "funny business" with whomever is execution the will. For instance, if you have someone's name, or the name or a charity, on a bank acct as the beneficiary then the bank is obligated to give it to them directly. It's worth considering. That is what I have done.

Edited August 9, 2023 by HuskerDo2

[Dickie Dee]

23 hours ago, thaisabai said:

hi all

any suggestions?

single person, 77 years old, living alone, no relatives (only friends)

have bank account in the US and in Thailand.

when I pass would like to donate money (whatever is left) to some friends and/or charity.

How can I set this up?

at the moment I have no idea how to get my account from the US to Thailand (working on this)

Account in Thailand, it is mainly about the 800.000 Baht that I deposited for my retirement visa.

should I make a last will? if yes, any suggestions how to?

where do I deposit my last will so that it will be found in case of sudden passing?

How can the beneficiary claim the 800.000 in my account?

so many questions. any advice is welcome, thank you.

 

I am trying to settle my estate and because of broken family I am seeing go problems with my online will I purchased. I have an executor. That may or may not be easy for you. I am trying to decide as a child from past marriage has an estate lawyer husband and I can see legal problems if i don’t get a lawyer involved. Remember. Everyone wants a piece of the dead whale. You could just give pieces hand to hand and no costs involved there or ask a lawyer but have a plan because they want $5 for a paper clip. 

[HarrySeaman]

I went through the process of becoming the executor of a friend who died without a will.  It was very involved and required the approval in signed documents sent from his family in the US and two video appearances before a judge (during COVID).  It was a long process, resulting in a major delay in being able to retrieve the body and perform the creation and burial, not something I want to happen to me. 

If you don't give the US Embassy a contact they will trace down your nearest living relative and make them cover any expenses such as transportation of the body, an autopsy if the Thai police require one, storage of the body, and shipping of the body to the US or cremation here.  Unless the relative is willing to come here this will have to be done through a Thai lawyer.

 

I have a friend who is physically not well and suffering from Alzheimer's.  I provide what care I can for him since he doesn't want to involve his US relatives.  I convinced him to make me his executor but we have an understanding that the Thai lawyer will be with me every step to make sure that I follow his wishes for donating the majority of his remaining funds to charities.  With the Thai will naming me as executor the process of allowing me to take care of retrieving the body and cremating it will be very smooth and fast.  I will also be give access to any funds in his bank accounts at the same time.

 

If I had not become the executor for this friend I would have encouraged him to have a will made with the lawyer as the executor and giving specific instructions on how to donate his remaining funds after the fees charged by the lawyer.

 

Fortunately I have a very good relationship with my Thai long time companion, i.e. wife, of 20 years so I had a will made that made her the executor and my beneficiary.  At 81 years old  with a heart condition this was perhaps my smartest decision ever.  I also have it set up that remaining funds in the US and my US bank account will automatically go to my children, one in the US and one in Canada.

 

One thing I have learned caring from my friend with Alzheimer's is that you want to make sure you have contact information for your executor on your person.  For my friend I stapled business cards for the Thai lawyers and a name card for me into his passport.  Hopefully is he dies outside of his apartment the police will know who to contact. 

 

For myself I have my wife's contact information in my passport but I am also buying a Medical Alert bracelet that will have engraved on it my wife's phone number as well as medical details.

[newnative]

6 hours ago, DFPhuket said:

See a Thai lawyer who speaks English to create a Will. It might cost you 10,000 baht, but not having one will means that a higher amount of your assets will have to be spent after your death on lawyer fees. I have both a Thai will that covers bank accounts, condo, car, etc. here and a US will for my investment assets there. I, the lawyer, and my executor have copies of the Wills. 

 

You need to decide which person will be named as the executor and be responsible for making certain that following your death, the money goes to those you've indicated. The person can be a friend. You can also provide funds to the person at your death for taking on that responsibility. He/she would work with the lawyer. Without a Will, your Thai bank accounts will be frozen for quite a long time. 

Follow the above.  Excellent post.  

[khunPer]

On 8/8/2023 at 8:44 AM, thaisabai said:

should I make a last will? if yes, any suggestions how to?

where do I deposit my last will so that it will be found in case of sudden passing?

How can the beneficiary claim the 800.000 in my account?

so many questions. any advice is welcome, thank you.

You can make a last will; even a simple will written in your own language and signed by two witnesses is legal.

 

You can sign the will and have it files at the local district office.

 

You can appoint an executor in your will.

 

As the will needs to be translated to Thai language, a lawyer might be a good idea to help you and have the will written in both English and Thai language.

 

When you die it will be a court in the country of your primary residence that will handle the will; i.e. Thailand if you live or mainly stay there.

 

The executor will handle the will after the court has finished, including transfer from eventual US bank account; however check if there are some local US-rules or fees there to be fulfilled.

 

There is no inheritance tax in Thailand at the moment.

[1FinickyOne]

6 hours ago, dlclark97 said:

I have Thai and USA wills.  Both done by a lawyer and not expensive.  My lawyer keeps one original copy.  A second original should be located where your executor could gain access to it.  A copy should be located in your residence along with a letter explaining where the originals are kept.

me too - - and all family know the instructions and copy are in my home safe

[kokopelli]

One thing you must do is have a trusted friend, such as Executor, and give him PINs for your ATM cards to your bank account. Don't leave these numbers in your safe or where someone can have access to them. You can put these numbers on your mobile device/computer if you wish. Also give your trusted friend a key to your room in case of emergency and access to your safe. Once you die the police will come to your room to get your Passport and whatever else and lock the room.

This is especially important for someone who lives alone.

[BlackJack]

careful as there is a fine line of committing a criminal offense here

[Delight]

 The  only thing that matters right now -is to find  an administrator for your Thai assets.

If you fail to achieve this -then your 800000 Baht will stay with the bank.

 

Also -the administrator cannot organize probate without an official death certificate. 

It is my understanding that this will only be issued to a family member.

 

Pattaya -for example -has no resources to store bodies.

In your case the body and your passport will go to Bangkok.

Your passport will end up at the American Embassy. a case will be opened

So ensure that the contact details of the administrator appears in your passport.

if you chose to use a lawyer to create a will -then that person could give you more useful advise.

You do not need a lawyer to create a Will

 

Certain wording has to appear on the will

i.e

 

1) This is your last Will and testament

2) Name of beneficiary 

3) Name and contact details of the administrator

4) You must have 2 persons to witness your signature. Supporting documents  will be useful i.e. Beneficiary -witnesses etc.

 

You can have multiple originals. They have to be identical

[BlackJack]

1 minute ago, Delight said:

 The  only thing that matters right now -is to find  an administrator for your Thai assets.

If you fail to achieve this -then your 800000 Baht will stay with the bank.

 

Also -the administrator cannot organize probate without an official death certificate. 

It is my understanding that this will only be issued to a family member.

 

Pattaya -for example -has no resources to store bodies.

In your case the body and your passport will go to Bangkok.

Your passport will end up at the American Embassy. a case will be opened

So ensure that the contact details of the administrator appears in your passport.

if you chose to use a lawyer to create a will -then that person could give you more useful advise.

You do not need a lawyer to create a Will

 

Certain wording has to appear on the will

i.e

 

1) This is your last Will and testament

2) Name of beneficiary 

3) Name and contact details of the administrator

4) You must have 2 persons to witness your signature. Supporting documents  will be useful i.e. Beneficiary -witnesses etc.

 

You can have multiple originals. They have to be identical

sorry

the Will is a very important contract and if not done correctly will serve as a rod for your back - i have done this work for 15 years in Thailand and do public talks on it. The Will can be confined to Thailand and with most expats having some pension of bank accounts/assets causes all kinds of jurisdictional issue. I have just started a foundation to serve a particular group of expats that have no family and want to give to charity. I cant name it it and so PM me. 

[BlackJack]

there are 66 laws the making of a will, the executors role, probate, beneficiaries, penalties. Add to that company law, condominium and banking law, jurisdiction law, anti money laundering and inheritance, tax, banking, international law, Ministry of Foreign Affairs, police, Embassies.  So get it done right the first time to minimize issues in the future. if you have assets the it's a small price to pay in getting a proper Will done. Sorry for being so blunt however advice is good but bad advice is very problematic 

[Delight]

 I have had further thoughts ref. your worries.

 

if you have a good  friend then you could open a joint account with this friend. He keeps  the ATM card.

This way there is no need for a  Will.

He will have legal access to the 800K post your passing.

He can   also tidy up your final affairs.

 

[scottiejohn]

52 minutes ago, Delight said:

 I have had further thoughts ref. your worries.

 

if you have a good  friend then you could open a joint account with this friend. He keeps  the ATM card.

This way there is no need for a  Will.

He will have legal access to the 800K post your passing.

He can   also tidy up your final affairs.

 

If you use a Joint account for the 800,000 retirement extension it needs to be double the amount (1.6M Baht) at CM IO!

I believe it is the same at all IO's but some others will be able to confirm etc!

[Delight]

15 hours ago, scottiejohn said:

If you use a Joint account for the 800,000 retirement extension it needs to be double the amount (1.6M Baht) at CM IO!

I believe it is the same at all IO's but some others will be able to confirm etc!

Interesting point

Clearly the OP -should he choose to use this simpler method -would need to research this detail.

[BlackJack]

and now the subject is off subject. how easy it is to get distracted wh?

[mrwebb8825]

I would work on getting everything out of the US and into Thailand or 1 of the offshore banks while you can. Those morons in DC are getting the IRS to track transactions above $600 and another moron is pushing for a 59% "Death Tax" to override current inheritance laws (not taxed below $1.2m or some such)

If 1 of your close trusted friends is a single female, maybe marry her if you think she'll outlast you.

[BlackJack]

or put money in a foundation in Thailand 

[Robin]

1.  Find a solicitor who you can trust and get him to make your will.  Be clear to him what you want to happen to your money.  

Do not et involved with 'friends' who advise or help you, get ( and pay for ) proper legal advice.  make sure what you write is legal, properly signed nd witnessed, and your executor knows hat is required of him, and can and will do as you ask.

I would suggest making a will in your home country, where you can most easily communicat4 with your solicitor.  BE very clear as to waht you want to happen to your estate.  Remember you will not be around to sort out any ambiguities.  Get it right before you go.

[BlackJack]

we always advise to have a Will in each country as each country jurisdiction has tax laws, and so you dont want to mess with one country tax regime controlling your assets in another country. Also if you had asset in say UK and Thailand then would you expect your Thai Executor (manager of your Will) fly to the UK to sort things out? Also should you die in Thailand all the docs are in Thai language and need to be MOFA translated and signed for use in another country - thai888 Law

[GypsyT]

Just start giving out all you can afford now personally to those you like.

 

I've been doing this, in cash and gifts, for last 10 years and keep doing.

This way I have zero expenses and full control who gets it.

 

My best friends are same age and most in much worse heath so I wanted to be sure they get to enjoy and know how much I appreciated their help in past. Many have passed away already.

 

The very last $$ will go to my favorite respectable organizations and they have own attorneys to handle it.