Will a Thai Will confilct with International Will?

[CrossBones]

My father has a will in the UK that mentions assets like houses in the UK etc. That is divided up amoungst the kids

I live in Thailand with my father and he has to keep 800k (maybe more) for his visa each year

He is concerned when he passes away the Thai government will get that money

 

If no Thai will is made will that money be passed into the estate in the UK once the money can eventually recovered from Thai bank

Otherwise he can make a Thai will. In such case he could just will that to me separately? I am converned its difficult for an estate executor in the UK to get the funds to Thailand and then to split them accordingly to the UK directions etc. I am just worried something would clash.

 

Any suggestions? Thanks

[nglodnig]

I'm no expert (see a lawyer in the UK and Thailand!) FIRST - get your father to make a Thai will. I think Thai law if intestate assets automatically go to the children.

We (my Thai wife and I) have both UK and TH - the Thai one cost us I think 5000 baht.

 

I THINK (don't quote me) the UK one covers UK assets, and the Thai one - Thai assets. Get the THB 800k to be assigned to his children. Show it to the bank when the inevitable happens. 

 

You would need to two seperate executors one for each will, in the respective countries, AFAIK.

 

But don't take my word for it  consult lawyers and don't rely on the advice you might see on this forum (including mine).

[ThaiLawOnline]

2 hours ago, nglodnig said:

I'm no expert (see a lawyer in the UK and Thailand!) FIRST - get your father to make a Thai will. I think Thai law if intestate assets automatically go to the children.
 

 

This  is not entirely accurate. I have been the manager of a Thai law firm for 17 years and have drafted more than 250 wills under Thai law.

Under Thai law, if there is no will, the assets will be distributed to the heirs according to the following order of priority:  (clause 1629 of Thai commercial and civil code hereinafter “ccct”)

1. Children
2. Parents
3. brothers and sisters
4. 5 and 6. Other relatives rarely used,

The spouse is considered an heir under Thai law, but their position in the order of priority depends on whether they have any children or parents alive (clause 1635 CCCT puts the legal spouse at #1 or #2)

 

For example, if a person dies without a will and has no children, their spouse will inherit all of their assets. However, if a person dies without a will and has children, their spouse will inherit half of their assets, with the other half being divided equally among the children. If there is no legal spouse but parents, the parents will get 100%. If there is a legal spouse and a parent alive, but no children, the legal spouse has 50% and the parents have 50%.

 

A foreign will can be valid in Thailand, but it must comply with Thai law. I would not recommend making a will in Thailand without speaking to a lawyer first. The prices and services of law firms vary widely, so it is important to shop around and compare prices.

A good will should include the following features:

• Easy-to-follow instructions
• The appointment of an executor
• The designation of beneficiaries called legatees 
• Provisions for funeral arrangements
• Other relevant clauses like controller of property, tutor etc.

The will should also be written in Thai and English so that it is clear. Price will vary from 5,000 to 37,500 (Siam-Legal I think) and it is not because you pay more that your Will is better. We ask 6,000 baht.
 

it can be done online, to save time and without having to travel. A videoconference is included to be sure that the client understand each point. A good attorney Will do more than just a last Will, he will think about estate planning, if you can save taxes, or ways to secure the intentions of the testator while he is still alive. A .Living Will is also accepted in Thailand, 

 

Assets in different countries should be governed by different Wills that should not be in conflict with each others. Laws of every country are different so it is better to consult a British lawyer for UK and a Thai Law firm for Thailand.

 

Sebastien H. Brousseau,

[HappyExpat57]

I'm doing that just now. I have a US-based will for my assets back in the home country and am making an additional will in Thailand for my 800k to go to my son. The will I am purchasing is 5k baht, and if you don't have the required sponsor in Thailand, they charge an additional 10k baht for their attorney to facilitate the will when the time comes.

 

 

Edited September 9, 2023 by HappyExpat57
added details

[KannikaP]

I have written in plain English, two wills, one leaving my UK assets to my sons who are executors of it, and the other leaving my Thai assets to my partner who is executor of that one, and which I have translated into Thai. They were both witnessed by my brother and his wife.

I have the originals, and each party has copies, together with all bank account details, signed by me.

Does this sound legal and executable?

[ikke1959]

My partner and I have made a Thai will as we can't get married yet. I have also in a will in my home country.. Both will don't affect eachother said the laywer, as the Thai will is only for Thai assets and the foreighn will for my foreign assets.. But talking to a laywer is always the best solution

[nglodnig]

11 hours ago, ThaiLawOnline said:

This  is not entirely accurate

Which is why I used phrases like "I think" and "maybe" - I wasn't PRETENDING to be an expert as I stated VERY CLEARLY