Seeall Posted October 28, 2023 Share Posted October 28, 2023 On 10/27/2023 at 3:29 PM, TimeMachine said: There is more details to discuss when bringing up wills for discussion. But to keep it short, I recommend you go to your local court house. I went to Pattaya provincial court and there on level 2 is the help office. I have visited there and discussed all details about probate application. I did my own will. For my situation probate was quoted at 30k by a lawyer there whereas Magna carta wanted 130k. So a lawyer situated at the court will most likely help you out at a reasonable rate. Probably helps if you go with someone who speaks Thai and English well. my lawyers said... ohhhh just put it on paper and witness.. make yourself and register it... easy.. lol 1/ does not matter if expensive lawfirm or not, when your gone you cant come to correct soemthing... 2/ does paying more = better? who knows what happens after you go..... better to give them beforehand and make sure all is well..... Link to comment Share on other sites More sharing options...
Mike Teavee Posted October 28, 2023 Share Posted October 28, 2023 Just now, alanrchase said: The Will is registered in the UK. Upon my death the Will will be presented for probate in the other jurisdictions. For Thailand the Will will need to be translated into Thai by an approved translator and then submitted to the Thai embassy for their approval. I edited my reply to include a link that says it needs authorising by MOFA (presumably before your Death) & will be settled in a Thai Court. Link to comment Share on other sites More sharing options...
BenStark Posted October 28, 2023 Share Posted October 28, 2023 As I'm not an English speaker, what is probate? I can notice that it is the most expensive part of the will, but most don't seem to bother with it Link to comment Share on other sites More sharing options...
alanrchase Posted October 28, 2023 Share Posted October 28, 2023 Just now, jvs said: A Thai court will and can not make a ruling over any assets that are not in Thailand. If a foreigner leaves assets in another country to some one in Thailand the courts in that other country will deal with that.The Thai person will need to contact a foreign lawyer in order to proceed. I agree that a Thai court can only deal with assets in Thailand but if a person has two Wills the only way a court could check for conflicts is if they see both Wills. If one Will states it is for worldly posessions and another states for Thai assets then there would be a conflict. My will specifically states it relates to all my assets anywhere in the world. Link to comment Share on other sites More sharing options...
KannikaP Posted October 28, 2023 Share Posted October 28, 2023 14 minutes ago, Mike Teavee said: Has your Will be translated, motorised & accepted in Thailand? Is EV accepted as opposed to ICE? 555 1 Link to comment Share on other sites More sharing options...
alanrchase Posted October 28, 2023 Share Posted October 28, 2023 6 minutes ago, Mike Teavee said: I edited my reply to include a link that says it needs authorising by MOFA (presumably before your Death) & will be settled in a Thai Court. My solicitor only mentioned the procedure in the UK. I assume once it has been approved by the Thai embassy a Thai lawyer will proceed with the requirements in Thailand regarding authority from the MOFA and probate. As far as I am aware this will be done after I die. Link to comment Share on other sites More sharing options...
TimeMachine Posted October 28, 2023 Share Posted October 28, 2023 1 hour ago, Seeall said: my lawyers said... ohhhh just put it on paper and witness.. make yourself and register it... easy.. lol 1/ does not matter if expensive lawfirm or not, when your gone you cant come to correct soemthing... 2/ does paying more = better? who knows what happens after you go..... better to give them beforehand and make sure all is well..... As far as I'm aware in Pattaya at least falang cannot register wills anymore. They changed the rule years back. I have a bit of anxiety wondering if my partner will face any problems when I'm gone. Actually I have no faith in the system and as I age I will transfer my wealth away and liquidate all assets. I have an exit date set for myself. I plan to exit on my 75th bday. I hope I don't get hit by a bus before that. Link to comment Share on other sites More sharing options...
Mike Teavee Posted October 28, 2023 Share Posted October 28, 2023 1 hour ago, alanrchase said: My solicitor only mentioned the procedure in the UK. I assume once it has been approved by the Thai embassy a Thai lawyer will proceed with the requirements in Thailand regarding authority from the MOFA and probate. As far as I am aware this will be done after I die. I’m not a lawyer but I would have thought that if the Will hasn’t been approved by MOFA on your death then by definition it’s not an approved Will & approving it afterwards would be changing your Wills after your Death. Then again Maybe I’m just thinking too much 😊 Link to comment Share on other sites More sharing options...
alanrchase Posted October 28, 2023 Share Posted October 28, 2023 Just now, Mike Teavee said: I’m not a lawyer but I would have thought that if the Will hasn’t been approved by MOFA on your death then by definition it’s not an approved Will & approving it afterwards would be changing your Wills after your Death. Then again Maybe I’m just thinking too much 😊 The Will validity is my signature and the signatures of the two witnesses. Unless another Will is written at a later date it remains valid. I suspect the MOFA is just a step in the usual Thai bureaucracy needed before a Thai court will accept it. Link to comment Share on other sites More sharing options...
Mike Teavee Posted October 28, 2023 Share Posted October 28, 2023 (edited) 20 minutes ago, alanrchase said: The Will validity is my signature and the signatures of the two witnesses. Unless another Will is written at a later date it remains valid. I suspect the MOFA is just a step in the usual Thai bureaucracy needed before a Thai court will accept it. Thats what I’m thinking but logically the process would go your Executors present your will to a Thai Court who then check with MOFA if you have a registered Will with them, if not then they proceed with the Will presented. I guess if that’s your only Will (I.e. Your UK Will) then it comes down to whether MOFA will approve it after your Death. Again, I’m probably thinking too Logical about this & am sure your Thai lawyer will guide you through the process Edited October 28, 2023 by Mike Teavee Link to comment Share on other sites More sharing options...
sikishrory Posted October 29, 2023 Author Share Posted October 29, 2023 Thanks for the replies. I got 3 or 4 suggestions to follow up now and will probably find something for a reasonable price I imagine. Link to comment Share on other sites More sharing options...
BKKKevin Posted October 29, 2023 Share Posted October 29, 2023 23 hours ago, wwest5829 said: In Chiang Mai I used the Attorney through Assist Thai Visa. Lower cost than what you have found but ... that does depend on any complications of therms. Mine was a simple Will stating that all Thai holdings go to Thai Wife, excludes non-Thai holdings.. Separate Will in USA. Can you say what it cost? Thanks Link to comment Share on other sites More sharing options...
sikishrory Posted November 16, 2023 Author Share Posted November 16, 2023 On 10/28/2023 at 5:08 PM, TimeMachine said: As far as I'm aware in Pattaya at least falang cannot register wills anymore. They changed the rule years back. I have a bit of anxiety wondering if my partner will face any problems when I'm gone. Actually I have no faith in the system and as I age I will transfer my wealth away and liquidate all assets. I have an exit date set for myself. I plan to exit on my 75th bday. I hope I don't get hit by a bus before that. Register with who exactly? The amphoe office? Is it necessary to register it? Link to comment Share on other sites More sharing options...
topt Posted November 24, 2023 Share Posted November 24, 2023 On 11/16/2023 at 10:16 AM, sikishrory said: Register with who exactly? The amphoe office? Is it necessary to register it? No. Apparently some offices won't take it anyway - according to some previous reports on AN. Just make sure it is signed and witnessed correctly. 1 Link to comment Share on other sites More sharing options...
mokwit Posted January 5 Share Posted January 5 Any views on my situation British non resident in UK, more than 180 days/year in Thailand. About to undergo low risk surgery but just in case want to make a will as dying intestate might be problematic. At some point I intend to return to the UK for end of life care but events might overtake me. So initial risk is dying in Thailand whilst undergoing surgery, longer term risk is dying in Thailand with assets in USA. I am unmarried with no children. I have no property in Thailand or UK. All my assets are currently held in cash in Thai banks and primarily a USA brokerage account. I do have a British bank account to which I would transfer the cash assets if have enough forewarning of my demise and in the case of my return to the UK the Thai bank account would be closed and the sum transferred to UK bank. The beneficiaries of the will would be UK family members Any ideas on what will I need to have for my beneficiaries to access USA brokerage accounts (which have me as domiciled in Thailand), and less importantly Thai bank accounts if I die in Thailand. Accessing US brokerage is the priority. My UK based/citizenship sister and brother in law would act as my executors. Are there any issues in inheritance tax in Thailand that might apply to me if I die in Thailand even if I hold no assets except visa requirement in a bank account here? I would guess if I am domiciled in Thailand the Will must be a Thai will? Or not? Link to comment Share on other sites More sharing options...
Popular Post sikishrory Posted January 5 Author Popular Post Share Posted January 5 1 hour ago, mokwit said: Any views on my situation British non resident in UK, more than 180 days/year in Thailand. About to undergo low risk surgery but just in case want to make a will as dying intestate might be problematic. At some point I intend to return to the UK for end of life care but events might overtake me. So initial risk is dying in Thailand whilst undergoing surgery, longer term risk is dying in Thailand with assets in USA. I am unmarried with no children. I have no property in Thailand or UK. All my assets are currently held in cash in Thai banks and primarily a USA brokerage account. I do have a British bank account to which I would transfer the cash assets if have enough forewarning of my demise and in the case of my return to the UK the Thai bank account would be closed and the sum transferred to UK bank. The beneficiaries of the will would be UK family members Any ideas on what will I need to have for my beneficiaries to access USA brokerage accounts (which have me as domiciled in Thailand), and less importantly Thai bank accounts if I die in Thailand. Accessing US brokerage is the priority. My UK based/citizenship sister and brother in law would act as my executors. Are there any issues in inheritance tax in Thailand that might apply to me if I die in Thailand even if I hold no assets except visa requirement in a bank account here? I would guess if I am domiciled in Thailand the Will must be a Thai will? Or not? I can see people have differing advice on this in this thread. I was told by my Solicitor in my original country to make a Will in every country where I have assets. You need to make sure they have a clause which states that the Will (Thai or US) will does not revoke your existing/main will and only applies to your Thai/ US assets. 2 1 Link to comment Share on other sites More sharing options...
sikishrory Posted January 22 Author Share Posted January 22 For anyone reading this later I ended up getting it done with Issan Lawyers for 6000 baht. You don't need to be in Issan to use them. Happy to pay that price and the service was decent. Link to comment Share on other sites More sharing options...
topt Posted January 23 Share Posted January 23 On 1/5/2024 at 12:10 PM, mokwit said: I would guess if I am domiciled in Thailand Have you had a ruling from HMRC on that? There is a good chance that they will still consider you domiciled in the UK as it is (presumably) your domicile of birth. Everything I have read suggests it can be very hard to impossible to change but there are of course exceptions. Irrespective of domicile I agree with @sikishrory regarding wills in different locations. Link to comment Share on other sites More sharing options...
yang123 Posted January 29 Share Posted January 29 Any recommendations for an English-speaking lawyer in Chiang Mai or Lampang who can prepare a bilingual (English & Thai) will and likely cost? (Nothing complex: all assets already in Thailand) Thanks in advance! Link to comment Share on other sites More sharing options...
Delight Posted January 29 Share Posted January 29 My only advice is to ensure that multiple originals of the Last will are created. This is perfectly legal. they must all be created at the same time and all exactly the same. Important if multiple beneficiaries' are involved. Also a safeguard against the loss of a single original. Link to comment Share on other sites More sharing options...
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