Creating a Last Will and Testament at an Amphur office

[connda]

I've got a Last Will and Testament that was drawn up by a lawyer but it's out of date.  The cost for amending it is stupid and not worth the money.

My Will is very simple.  It's not much more than a listing of my Thai bank assets and a few personal items which go to my wife if she survives me or my step-son if he survives my wife and I both.  Easy.  To help keep this on-topic, this is only about a Will applicable to Thailand.

I know Wills can be drawn up at the local Amphur offices.  I'm curious if anyone has done this.  If so, what is involved?  I'm thinking it may also be easier to take to probate court if the Will is registered with the Amphur?  Just wondering.  Now in my 70s and as most 70 year olds should know - death happens.  It's the way of it. 
Any direct experience with setting up a Will at an Amphur office would be appreciated. 

[worrab]

I am shortly going to do the same. I have been told that you have to go to a hospital appointed by the Amphur to be checked mainly for mental reasons. Are you of sound mind etc. Then you can go back and get a Will drawn up and left with them.

If anyone else knows more then please enlighten us.

[fittobethaied]

12 years ago I went to our local Amphur and spoke with the Director about preparing a Will. He said it wasn't necessary and to simply prepare one on my own and have my signature witnessed by two people. I found a template for a Last Will and Testament on one of the local lawyer websites and drew my Will with my specifics, then I had it translated. Sure beats being ripped off by a lawyer, and I never liked the idea of having my Will on file with the Amphur. It's none of their business and leaves the door wide open to fraud. In any other country it may be safe, but in Thailand anything is possible. I've drawn up Wills for many of my friends with that same template, and two have already been probated in court successfully. 

Edited April 9 by fittobethaied

[Hotrats]

I haven't had a will actually drawn up at my amphur office, but I did take my will which had already been drawn up by my lawyer here in Thailand, to be registered with my local amphur office. Apparently having the will registered with the amphur makes things easier should there be any problems with probate, but I don't know about having them actually draw it up as well.

[Rumpelstilskin]

Hot rats has the right idea to fully protect yourself. Went to Magna Carta in Pattaya to get my will done, air tight and solid, 7,000 baht. Next register a copy with the amphur, as HR suggests

[loong]

My most recent will was done by a lawyer and although very simple, cost 6,000 Baht.

My previous will (about 12/14 years ago) was done at the Amphur and cost 100 Baht, simple and quick. The fellow in the Amphur office actually drew up the will according to my instructions. The important thing is that i had to give my instructions in Thai as he wanted to be absolutely sure that I completely understood what I was signing.

I think that you will find that different amphurs and different officers may have different requirements, so it is best to visit your local amphur to enquire.

[BigStar]

 

 

[Liverpool Lou]

1 hour ago, worrab said:

I have been told that you have to go to a hospital appointed by the Amphur to be checked mainly for mental reasons.

Disregard whoever told you that!   Also, wills do not need to be registered with, or written in conjunction with. the local district office.

Edited April 9 by Liverpool Lou

[Raindancer]

22 hours ago, connda said:

I've got a Last Will and Testament that was drawn up by a lawyer but it's out of date.  The cost for amending it is stupid and not worth the money.

My Will is very simple.  It's not much more than a listing of my Thai bank assets and a few personal items which go to my wife if she survives me or my step-son if he survives my wife and I both.  Easy.  To help keep this on-topic, this is only about a Will applicable to Thailand.

I know Wills can be drawn up at the local Amphur offices.  I'm curious if anyone has done this.  If so, what is involved?  I'm thinking it may also be easier to take to probate court if the Will is registered with the Amphur?  Just wondering.  Now in my 70s and as most 70 year olds should know - death happens.  It's the way of it. 
Any direct experience with setting up a Will at an Amphur office would be appreciated. 

PM sent

[Liverpool Lou]

1 hour ago, Hotrats said:

Apparently having the will registered with the amphur makes things easier should there be any problems with probate

Probate and an administrator is granted by the court, not by the  district office.

[khunPer]

1 hour ago, fittobethaied said:

12 years ago I went to our local Amphur and spoke with the Director about preparing a Will. He said it wasn't necessary and to simply prepare one on my own and have my signature witnessed by two people. I found a template for a Last Will and Testament on one of the local lawyer websites and drew my Will with my specifics, then I had it translated. Sure beats being ripped off by a lawyer, and I never liked the idea of having my Will on file with the Amphur. It's none of their business and leaves the door wide open to fraud. In any other country it may be safe, but in Thailand anything is possible. I've drawn up Wills for many of my friends with that same template, and two have already been probated in court successfully. 

That is also what the Thai lawyers, who wrote the book "Thai Law for Foreigners", also says. You can write your own will or use a template, and sign it in front of two witnesses; it's a fully legal last will. Just make sure somebody knows about, there being a will, so it can be easily found after your death.

[Liverpool Lou]

1 hour ago, loong said:

The important thing is that i had to give my instructions in Thai as he wanted to be absolutely sure that I completely understood ...

... that he was bequeathing everything to himself!  Wouldn't English have been the best way for you to understand completely?  Who were the two witnesses? 

You could have made your will in English (or any other language), it doesn't have to be written in Thai.

[Srikcir]

45 minutes ago, Liverpool Lou said:

it doesn't have to be written in Thai.

If you want to clear Thai probate, have document in both English and Thai. Especially if witnesses are Thai. Easy to do it yourself.

[Liverpool Lou]

38 minutes ago, Srikcir said:

1 hour ago, Liverpool Lou said:

it doesn't have to be written in Thai.

If you want to clear Thai probate, have document in both English and Thai.

If both are available the English version will be disregarded.  If the will is not in Thai, that doesn't prevent probate being granted, it just means that the will would have to be translated into Thai first for the process to start.

[Srikcir]

30 minutes ago, Liverpool Lou said:

If both are available the English version will be disregarded.  If the will is not in Thai, that doesn't prevent probate being granted, it just means that the will would have to be translated into Thai first for the process to start.

If the will is translated after the testator is deceased, it will not have the testator's signature and its authenticity will be suspicious. The portion of a will in English is for the benefit of a testator who doesn't read and write Thai. With testator's signature in the bilingual will, it adds authenticity.

[Liverpool Lou]

3 hours ago, Srikcir said:

If the will is translated after the testator is deceased, it will not have the testator's signature and its authenticity will be suspicious.

Nonsense, the original valid will is there for the court to use as a comparison, foreigners' translated wills do not, on their own, create suspicion.