Changing a Thai will

[Kevin1908]

I need to change my Thai will as I hold assets in Thailand.  I have a Thai wife but we are now separated pending a divorce. I am in the UK. Do I have to go to Thailand to complete the will or can it be sent to me for signing then returned to Thailand for completion.

[Mike Lister]

You don't have to go to Thailand to do this, you can do it anywhere. You can amend your existing Thai will by writing a codicil but it's easier to just write a complete new will and have it witnessed. Be CERTAIN that your new will begins by cancelling the old will and making it clear that the new will replaces all other wills regarding your Thai estate. "I revoke all prior wills and testaments pertaining to my estate in Thailand".

Edited October 15, 2023 by Mike Lister

[Mike Lister]

I forgot to add, your new will should be written in English, assuming that's your native language, you don't have to get it translated since the Probate Court will request that, when the time comes. If you don't sign a will written in your native language it can be challenged in the Courts.

Edited October 15, 2023 by Mike Lister

[Kevin1908]

I have emailed the will to the Thai lawyer who drew it up in the first place. I was going to change anyway. I drew it up when we got married and I think I was overly generous to my wife over my own sons. Now I can cut her out completely. It is reassuring that I don't have to make a trip to Thailand to sign it.

[Delight]

The most important feature of any Will is the name of the administer.

You can have have as many 'originals' as you like.

The administrator has to hold an original..

Q When you die -presumably in the UK-who will contact the Thailand based administrator?

 

Also the administrator will organise  probate.

Does the administrator  have the money at hand to finance this?

 

[CMBob]

Would recommend to the OP to use the same Thai lawyer.....and get it in both Thai and English.  Thai probate requires a Thai Will (or a Will in English with a certified translation into Thai).  And, to the extent you may be in Thailand when you die, your embassy/consulate will require one in English (or, if the Will is only in Thai, a certified translation in English).  Easier/cheaper to get both done at once and it'll make it easier for your Thai executor.

[Kevin1908]

16 hours ago, Delight said:

The most important feature of any Will is the name of the administer.

You can have have as many 'originals' as you like.

The administrator has to hold an original..

Q When you die -presumably in the UK-who will contact the Thailand based administrator?

 

Also the administrator will organise  probate.

Does the administrator  have the money at hand to finance this?

 

I will be changing the Administrator of the will. Does that mean I should inform the Administrator of the old will that the will is no loner valid?

[scottiejohn]

11 hours ago, Kevin1908 said:

I will be changing the Administrator of the will. Does that mean I should inform the Administrator of the old will that the will is no loner valid?

Whether it is a legal requirement or not is not really the issue IMO!

It would be extremely impolite NOT to inform the previous administrator that he no longer needs to keep his copy of your will in a secure environment etc!

 

 

PS:  It would also be very nice to explain to the previous administrator why you have changed administrators!

 

 

 

Edited October 17, 2023 by scottiejohn
PS added.