Living Will.....Last Will and Testament

[Pappap]

Hi, two part question thanks.

Is my UK will valid here in Thailand or do I have to get it translated. I have heard I can do it or leave it at the local Ampur? Can it be just a basic translation or have to been done by a lawyer?

I have made a Living Will using one of the downloadable forms, it's been witnessed by two independent people. is this legal and will it be acknowledged by a hospital if ever it's use is necessary? Thank you...ps have searched for these answers but nothing found that is specific.

[CMBob]

Your UK Will is good here (provided the witness, etc., provisions comply with Thai law) but, as you would expect, only a certified translation of it would be accepted in a Thai Court.  It's also possible that the local (Thai) courts would want a copy of your Will that's been certified by a UK probate court (or whatever you call courts in the UK that handle estates).

Outfits that can do a certified translation of a Will in English are listed in the US embassy/consulate websites so maybe check your embassy/website to see what recommendations (if any) they make.  You can just allow your executor handle the translation process (i.e., maybe a waste of time to do it now if you end up signing a new Will). 

I actually think it's wiser to have a Thai Will that handles your separate assets here in Thailand and which names a Thai executor.  It would be much harder for a UK executor to handle your Thai estate (plus that UK executor may be required to appear and provide necessary testimony here in a Thai court). 

As concerns Living Wills (sort of a misnomer given it's a document in which you express how you want doctors to handle end-of-life issues and where you appoint somebody to make those decisions when you can't do that yourself), I don't believe there is actual statutory authority for those here in Thailand but I do know that doctors/hospitals will review and at least somewhat obey those instructions when the time comes.  The expat club websites (at least the Chiangmai CEC does) likely have a Living Will form fit for use.

[khunPer]

7 hours ago, Pappap said:

Is my UK will valid here in Thailand or do I have to get it translated. I have heard I can do it or leave it at the local Ampur? Can it be just a basic translation or have to been done by a lawyer?

Your UK last will, will be valid also in Thailand; however, make sure that it's known about the existence of the will.

 

It's a court in the country of your primary residence that will handle your will. If your primary residence is in Thailand, then a will in a foreign language needs to be translated to Thai language.

 

The Thai lawyers that wrote the book "Thai Law for Foreigners" advice to make two last wills, one that covers any estate in one's home country following that country's laws; and another that covers values in Thailand following Thai law.

[Pappap]

Excellent replies, thank you.

[PPMMUU]

The "living will" is not a misnomer, as it's a will created while the person is alive. However, the use of the term "living will" in this context is primarily related to medical care. Yes, it is valid, and most (if not all) medical professionals will acknowledge and adhere to it in accordance with the living will. This concept is well-established within the medical community but isn't as widely known among non-professionals.

 

Nevertheless, the opinions and perspectives of relatives still hold significant weight within the Thai community. Therefore, it's advisable to inform the people around you about your living will. If your living will remains unseen or unheard of by those close to you, there's a possibility that they might raise objections later on. This could complicate the doctor's role and diminish the likelihood of your living will being honored.

[Sheryl]

Most private hospitals at least have their own Advance directive ("Living Will") forms and it is advisable to compete this if there is a specific hospital you use, even though you also have a generic directive.

[LikeItHot]

On 8/12/2023 at 7:36 AM, Pappap said:

Hi, two part question thanks.

Is my UK will valid here in Thailand or do I have to get it translated. I have heard I can do it or leave it at the local Ampur? Can it be just a basic translation or have to been done by a lawyer?

I have made a Living Will using one of the downloadable forms, it's been witnessed by two independent people. is this legal and will it be acknowledged by a hospital if ever it's use is necessary? Thank you...ps have searched for these answers but nothing found that is specific.

Google English to Thai translators in BKK. They are used to legal docs but not lawyers

[Tropicalevo]

On 8/12/2023 at 1:49 PM, CMBob said:

As concerns Living Wills (sort of a misnomer given it's a document in which you express how you want doctors to handle end-of-life issues and where you appoint somebody to make those decisions when you can't do that yourself), I don't believe there is actual statutory authority for those here in Thailand but I do know that doctors/hospitals will review and at least somewhat obey those instructions when the time comes.  The expat club websites (at least the Chiangmai CEC does) likely have a Living Will form fit for use.

This is probably an accurate view on living wills.

I have one and I took it to my doctor at the local (expensive) hospital where I have my annual check ups.

She said that she would honour it, but some places may not. There appear to be no definitive rules on that.

I suspect that money may come into play here but that could just be me being cynical.

I 'dress down' when I go to the hospital and my doctor knows that I self insure. I get discounts.

Another hospital may keep you alive for the possible returns. Also, where do you keep your living will?

I carry a DNR card and an organ donor card in my wallet, but not all medical staff would know what they meant.

[PPMMUU]

On 8/13/2023 at 2:36 PM, Tropicalevo said:

This is probably an accurate view on living wills.

I have one and I took it to my doctor at the local (expensive) hospital where I have my annual check ups.

She said that she would honour it, but some places may not. There appear to be no definitive rules on that.

I suspect that money may come into play here but that could just be me being cynical.

I 'dress down' when I go to the hospital and my doctor knows that I self insure. I get discounts.

Another hospital may keep you alive for the possible returns. Also, where do you keep your living will?

I carry a DNR card and an organ donor card in my wallet, but not all medical staff would know what they meant.

Money is unlikely to be the issue. Having patients receive palliative care will reduce hospital costs, and they can allocate resources to save other survivable patients. Even if we are cynical and assume the doctors will do everything for the money, they will still opt for palliative care because they can admit new patients and charge them.

[Shop mak]

On 8/13/2023 at 2:36 PM, Tropicalevo said:

I carry a DNR card

 

How did you get the DNR card? Can you please give me the details?

 

The private hospitals I been to, say they can't help me.

 

I don't need a last will / living will, only Do Not Resuscitate.

Thank you.

[PPMMUU]

There had been a case of a person carrying a DNR card, not telling anyone, and the doctor didn't see it. They were treated anyway, and when they recovered, they said they did not intend to have a DNR anymore but had forgotten to get rid of the card. Had the doctor been honoring the DNR card...

 

Having a DNR card AND also informing your relatives or friends to confirm your intentions is a good idea.