Last will and testament and inheritance laws with assets in Thailand and abroad?

[OneMoreFarang]

Likely I won't die anytime soon, but we never know, so maybe it's time to write my last will and testament - just to be sure.

 

What I like to know is which laws from which countries apply. 

I don't want to make this thread about my personal situation, it's more a general question.

Let's take the following situation.

 

Someone born in the EU with citizenship of an EU country lives in Thailand for over a decade.

He has assets in Thailand like bank account, condominium, vehicles.

He has assets in his home country.

He has assets abroad, in an offshore account (not the country of his citizenship).

He has siblings who live again in other countries.

 

Which laws from which countries apply if he dies and has no last will and testament?

Inheritance laws from his home country? 

Thai laws for his assets in Thailand?

 

What would be the best way to make sure our inheritance goes to the people we want it to go?

A last will and testament in Thailand (only)?

A last will and testament from the home country (only)?

A last will and testament from Thailand and another one from the home country?

 

It would be great if we keep this thread about facts. Maybe you researched this, or maybe you know about foreigners in Thailand who died and how it was decided who inherits what.

[mogandave]

I don’t know, but my wife is the beneficiary on my US stuff, and my son is second in the event she predeceases me. 

 

All the Thai stuff is in her name except a few bank accounts, and she should be able to figure out how to get those.

[mogandave]

I also have small accounts with my nieces and nephews as beneficiaries.

[bubblegum]

I've been looking for a simple Thai?Eng. will as an template could not find 1 yet.

[TimBKK]

9 minutes ago, mogandave said:

I don’t know, but my wife is the beneficiary on my US stuff, and my son is second in the event she predeceases me. 

 

All the Thai stuff is in her name except a few bank accounts, and she should be able to figure out how to get those.

You don’t know AND you made it all about yourself?  🤣😂🤮

[TimBKK]

2 minutes ago, bubblegum said:

I've been looking for a simple Thai?Eng. will as an template could not find 1 yet.

 

 

[jvs]

Thai law for anything inside Thailand.

Foreign law for anything outside Thailand.

Need to make a Thai will for assets here and a foreign will for what ever is outside of Thailand.

 

[OneMoreFarang]

6 minutes ago, bubblegum said:

I've been looking for a simple Thai?Eng. will as an template could not find 1 yet.

There was one previously published in this forum.

But I think the first question is about which county's laws apply. If the law of the "passport-country" apply, then maybe a will in Thailand doesn't make any sense. I don't know, this is why I ask. 

[OneMoreFarang]

Just now, jvs said:

Thai law for anything inside Thailand.

Foreign law for anything outside Thailand.

Need to make a Thai will for assets here and a foreign will for what ever is outside of Thailand.

 

Thanks

Is this from your personal experience, lawyer's advice, or only a guess?

[jvs]

Just now, OneMoreFarang said:

Thanks

Is this from your personal experience, lawyer's advice, or only a guess?

I just made my last will not too long ago using a Thai Lawyer.

I have no last will for my assets over seas but that will be dealt with under that countries inheritance laws.

There will not be a lot left there any ways.

I have seen some opinions where people think that saying"all of my assets in Thailand or abroad i will leave to so and so"

That is not good enough,Thai law can only deal with anything inside of Thailand.

[BE88]

4 minutes ago, OneMoreFarang said:

Thanks

Is this from your personal experience, lawyer's advice, or only a guess?

 

I don't think that's the good answer, if we are residents of Thailand, Thai law applies and not that of your country of origin.

[jvs]

Just now, BE88 said:

 

I don't think that's the good answer, if we are residents of Thailand, Thai law applies and not that of your country of origin.

Correct,only for assets over here.

If you have assets in another country you will need to make a separate will for that country ,in that country.

 

[MeaMaximaCulpa]

7 minutes ago, OneMoreFarang said:

Thanks

Is this from your personal experience, lawyer's advice, or only a guess?

We got the same advice both from a Thai and foreign lawyer. Much cleaner and more easy to execute

[Lacessit]

I have a Thai and Australian will.

 

The Thai will leaves all assets in Thailand to my GF.

 

The Australian will leaves all assets in Australia to my son residing there.

 

 

[Celsius]

why don't you spend the money 

[mancub]

Probate needs to be applied for in both countries. Therefore it is simpler to make separate wills in both countries pertaining to the assets held in each particular country .

[Mavideol]

1 hour ago, OneMoreFarang said:

Likely I won't die anytime soon, but we never know, so maybe it's time to write my last will and testament - just to be sure.

 

What I like to know is which laws from which countries apply. 

I don't want to make this thread about my personal situation, it's more a general question.

Let's take the following situation.

 

Someone born in the EU with citizenship of an EU country lives in Thailand for over a decade.

He has assets in Thailand like bank account, condominium, vehicles.

He has assets in his home country.

He has assets abroad, in an offshore account (not the country of his citizenship).

He has siblings who live again in other countries.

 

Which laws from which countries apply if he dies and has no last will and testament?

Inheritance laws from his home country? 

Thai laws for his assets in Thailand?

 

What would be the best way to make sure our inheritance goes to the people we want it to go?

A last will and testament in Thailand (only)?

A last will and testament from the home country (only)?

A last will and testament from Thailand and another one from the home country?

 

It would be great if we keep this thread about facts. Maybe you researched this, or maybe you know about foreigners in Thailand who died and how it was decided who inherits what.

am on the same situation and could find any plausible answer, if you do please feel free to PM me thanks

[Mavideol]

50 minutes ago, bubblegum said:

I've been looking for a simple Thai?Eng. will as an template could not find 1 yet.

that makes 2 of us

[OneMoreFarang]

Just now, Mavideol said:

am on the same situation and could find any plausible answer, if you do please feel free to PM me thanks

With this old men in Thailand forum there must be some people who have (not exactly firsthand) experience with this.

[OneMoreFarang]

This file was published in this forum some time ago.

I don't know if this is any good.

 

THAI WILL FULL THAI ENG.docx

[Mavideol]

36 minutes ago, jvs said:

Correct,only for assets over here.

If you have assets in another country you will need to make a separate will for that country ,in that country.

 

are you saying one has to travel to the country where the assets are and make a will on each country if one has assets in more than one country, sorry, but it doesn't make any sense

[Mavideol]

2 minutes ago, OneMoreFarang said:

With this old men in Thailand forum there must be some people who have (not exactly firsthand) experience with this.

So far, none of the above answers has covered the topic, I spoke with 2 lawyers and both had a complete different approach to the question, there is (was) a foreign lawyer in Bangkok, can't find their address/contact, they may know better, will keep looking

[Mavideol]

3 minutes ago, Mavideol said:

are you saying one has to travel to the country where the assets are and make a will on each country if one has assets in more than one country, sorry, but it doesn't make any sense

what's confusing you, did you read the post, maybe your understanding of the English language not good enough, read it again maybe this time you will get it

 

posted by @jvsIf you have assets in another country you will need to make a separate will for that country ,in that country.

[jvs]

7 minutes ago, Mavideol said:

are you saying one has to travel to the country where the assets are and make a will on each country if one has assets in more than one country, sorry, but it doesn't make any sense

No i am not saying that at all but you will have to arrange to make a will for that specific

foreign country.

My post earlier already mentioned that.

 

[Etaoin Shrdlu]

I looked into this a couple of years ago and consulted an attorney in the US who specializes in international estate planning.  She happens to be a relative as well.

 

For assets in the US, it is really best to have a US will.

 

For assets located in Thailand, she stated that a Thai will is best, but it is possible to put instructions for Thai assets in the US will should there be no Thai will in existence.

[Mike Teavee]

42 minutes ago, jvs said:

I just made my last will not too long ago using a Thai Lawyer.

I have no last will for my assets over seas but that will be dealt with under that countries inheritance laws.

There will not be a lot left there any ways.

I have seen some opinions where people think that saying"all of my assets in Thailand or abroad i will leave to so and so"

That is not good enough,Thai law can only deal with anything inside of Thailand.

Not 100% true as your overseas Will could (I know UK Wills can) be recognised in Thailand but believe it needs to be registered with MOFA before you die... 

 

https://www.samuiforsale.com/knowledge/inheritance-laws-thailand.html#:~:text=Legal foreign wills are acceptable,subject to a court procedure.

 

There's a discussion on it here 

 

 

But saying that, I think most lawyers would recommended to have separate Wills for each Jurisdiction.

 

[Purdey]

Those who advised having one will for Thailand and a will for overseas appear inline with local legal advice.

Whatever you do, don't spend it before you die. Imagine - spent all your money by 85 but still alive at 90.

[OneMoreFarang]

2 minutes ago, Purdey said:

Those who advised having one will for Thailand and a will for overseas appear inline with local legal advice.

Whatever you do, don't spend it before you die. Imagine - spent all your money by 85 but still alive at 90.

But then, imagine you lived frugally for years to make sure you still have money with 90, but with 80 you are about to die and think about how much fun you could have had with all that money.

Difficult times...

 

[CharlesHolzhauer]

1 hour ago, OneMoreFarang said:

Which laws from which countries apply if he dies and has no last will and testament?

Inheritance laws from his home country? 

Thai laws for his assets in Thailand?

The laws apply to the country where the assets are located.

1 hour ago, OneMoreFarang said:

What would be the best way to make sure our inheritance goes to the people we want it to go?

A last will and testament in Thailand (only)?

A last will and testament from the home country (only)?

A last will and testament from Thailand and another one from the home country?

A will is applicable to the country where your assets are located. For instance, if you have assets in six different countries, you may need to create six separate wills, each specifying your chosen beneficiary(s) for the assets. Additionally, all wills may need to be officially translated into English.

[Liquorice]

1 hour ago, OneMoreFarang said:

Thanks

Is this from your personal experience, lawyer's advice, or only a guess?

From personal experience.
I have a Thai spouse and assets in Thailand, also UK family and assets in the UK.

 

I consulted both a UK solicitor and a Thai lawyer (family friend).

Both stated I should draw up separate Wills from each Country and pertaining to assets and beneficiaries in each Country, and that each Will should mention the other.
So in effect, a final UK Will solely dealing with beneficiaries and assets in the UK, and a final Thai Will solely dealing with beneficiaries and assets in Thailand.

 

Additionally, both Wills are translated into Thai and English.