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

[Tropicalevo]

1 hour ago, 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.

Although my wife (UK) without a will, the court dealt with her assets as if she was Thai.

[Liquorice]

I've been helping the legally married Thai spouse of a friend that passed away recently.
He had no Will drawn up in either the UK or Thailand.

A legally registered marriage in Thailand is also legally recognised in the UK.

 

Under both Thai and UK ascension laws, his wife is the legal heir of his estate without a Will.
My friend has one daughter in the UK, that requested his death certificate.

We later discovered his UK bank had released his remaining funds to the daughter in the belief she was the next of kin.

We are not sure if the bank asked, or whether his daughter never stated he was legally married.

 

It's now in the hands of a UK solicitor to recover said funds.

[Chetzee]

I am making a will in the UK right now .....  and I been told to make a separate will in Thailand for any assets held there . 

[Liquorice]

4 minutes ago, Chetzee said:

I am making a will in the UK right now .....  and I been told to make a separate will in Thailand for any assets held there . 

I should have mentioned previously, you can leave assets from one Country to a beneficiary in another, and that should be cross-referenced in the alternative Will sworn in the different Country. It becomes the responsibility of the appointed executor to then allocate assets as directed.

I recommend all concerned beneficiaries are made aware of your requests and given copies of both Wills to avoid any later bickering.

[Liquorice]

59 minutes ago, Mavideol said:

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.

To be more succinct, a separate Will should be lodged in that different Country.
You can correspond with a foreigner lawyer, draw up a Will, and sign online these days.

[mfd101]

I am in the middle of updating my Oz will as my executors in Oz are similar age to me and I need a younger executor to look after my much younger Thai Khmer b/f who is illiterate in English and functionally illiterate in Thai.

 

I entirely agree that, in principle, you need a will made in each country where you hold assets, but the NATURE of the assets held can change whether or not you need to make a will in this or that country.

 

In my case I hold no assets in Thailand. The mansion + land + car are all in my b/f's name. No sweat. My only possessions here are 'personal' items - books, clothes, computer etc. Not worth worrying about. B/f will dispose of them as he sees fit at the time.

 

My sole assets in Oz are 'liquid' ie income flows, which is what we live on. For that I need an Oz will & Oz executor with enduring power of attorney. The Oz will allows my executor to act swiftly after my death to ensure continuity of income flows to my b/f. The EPA is so the executor can also act in the event of my legal incapacity (eg I'm gaga or in hospital longterm or in prison but still alive).

[Liquorice]

1 hour ago, OneMoreFarang said:

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 25.07 kB · 5 downloads

I was issued a very comprehensive draft Will by a Thai lawyer (family friend) to complete any relevant sections.

Apart from naming my Thai wife as both the beneficiary and the executor of my Thai Will, I also included, in the event we both simultaneously died, naming her two children as the beneficiaries and her sister as the executor.

 

Last Will Blank Draft..odt 

It's important to have two Thai witnesses sign the Will, with copies of their TB and ID cards attached.

 

I've also listed and left explicit instructions and details (Thai/English) for any executors named in my Will.

[scottiejohn]

30 minutes ago, Liquorice said:

with copies of their TB

What is their TB?

[SpaceKadet]

3 hours ago, OneMoreFarang said:

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.

You are describing exactly my situation. I have tried to research the issue of the last will, and came to the conclusion that I would need three wills, One for Thailand, covering Thai assets only, one for home country, which would also cover country where my relatives live, and one for the offshore account. Alternately, I think, one will could probably cover home county and offshore account if it was bi-lingual.

Not a big deal really, apart from finding witnesses, and where to store the wills.

[mancub]

1 hour ago, Liquorice said:

I've been helping the legally married Thai spouse of a friend that passed away recently.
He had no Will drawn up in either the UK or Thailand.

A legally registered marriage in Thailand is also legally recognised in the UK.

 

Under both Thai and UK ascension laws, his wife is the legal heir of his estate without a Will.
My friend has one daughter in the UK, that requested his death certificate.

We later discovered his UK bank had released his remaining funds to the daughter in the belief she was the next of kin.

We are not sure if the bank asked, or whether his daughter never stated he was legally married.

 

It's now in the hands of a UK solicitor to recover said funds.

Have been dealing with essentially the same situation. In this case the UK bank would not release funds (if more than Gbp 5000) without probate deeming "administrative person" being provided.  Applying for such for the Thai widow is rather complicated ! 

Apparently banks have different policies regarding release of funds. 

[Dioj]

5 hours 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.

Do one in English. Name an executor in the Will and have it witnessed by a licensed Thai notary and two regular witnesses, preferably one of whom is also a foreigner. This type of Will is valid in most all countries and may only need a legal translation in non-English speaking countries like Thailand. 

[Mavideol]

5 hours ago, jvs said:

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.

 

your post is misleading as you clearly indicated that a will has to be made in each country one has assets, below it's your original post, you clearly indicated IN THAT COUNTRY meaning one has to be physically there which in some cases may be impossible or very difficult to do

 

 

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

 

 

[Keeps]

4 hours ago, scottiejohn said:

What is their TB?

I'm assuming it's the Tabien Baan (Yellow Book).

[scottiejohn]

1 minute ago, Keeps said:

I'm assuming it's the Tabien Baan (Yellow Book).

Thanks!

I thought it might be that but I thought only house owners had a Tabien Baan/yellow book!

What if you are renting etc?

What else do you use in addition to the ID card?

[Keeps]

33 minutes ago, Mavideol said:

your post is misleading as you clearly indicated that a will has to be made in each country one has assets, below it's your original post, you clearly indicated IN THAT COUNTRY meaning one has to be physically there which in some cases may be impossible or very difficult to do

 

 

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

 

 

I think you have misinterpreted this. The comment "in that country. " means that the will needs to be domiciled in that country rather than the individual physically being present in that country to actually make the will.

[zhounan]

Whatever happens don't forget us.

[Keeps]

4 minutes ago, scottiejohn said:

Thanks!

I thought it might be that but I thought only house owners had a Tabien Baan/yellow book!

What if you are renting etc?

What else do you use in addition to the ID card?

My understanding is that the TB (Yellow Book) is only proof of residence, not proof of ownership. If renting, an individual would still require/need a TB.

 

I could well be wrong and I'm sure someone will come along and correct me if this is the case.

[jvs]

41 minutes ago, Mavideol said:

your post is misleading as you clearly indicated that a will has to be made in each country one has assets, below it's your original post, you clearly indicated IN THAT COUNTRY meaning one has to be physically there which in some cases may be impossible or very difficult to do

 

 

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

 

 

No not misleading at all!No where have i said you need to go to another country.

You can contact a lawyer in any country of the world from within Thailand.

I do a lot of business from here with someone who lives in another country and i do not have to go there myself.

It is called communication and it is done by many people all over the world!

[oxo1947]

I think this has been posted before --Many times--- Standard will in Thai and English...Need 2 witnesses---Amphur or something like that...

 

 

346391010_THAIWILLFULLTHAIENG(1).docx

346391010_THAIWILLFULLTHAIENG.docx

Edited May 9 by oxo1947

[Liquorice]

4 hours ago, scottiejohn said:

What is their TB?

Tabien Baan (House registration book)

[Liquorice]

30 minutes ago, scottiejohn said:

Thanks!

I thought it might be that but I thought only house owners had a Tabien Baan/yellow book!

What if you are renting etc?

What else do you use in addition to the ID card?

Thais witness, a Thai Will.
All Thais are registered in a Blue Tabien Baan regardless of ownership.

A copy of the TB that they are registered in, which is not necessarily where they live.

[BE88]

1 hour ago, Mavideol said:

your post is misleading as you clearly indicated that a will has to be made in each country one has assets, below it's your original post, you clearly indicated IN THAT COUNTRY meaning one has to be physically there which in some cases may be impossible or very difficult to do

 

 

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

 

 

 

 

It is not exactly exact for all countries, several countries recognize the law of the country where you have your last residence. And the legislation in this regard needs to be clarified country by country.

 

[Dioj]

8 hours ago, oxo1947 said:

I think this has been posted before --Many times--- Standard will in Thai and English...Need 2 witnesses---Amphur or something like that...

 

 

346391010_THAIWILLFULLTHAIENG(1).docx 24.49 kB · 6 downloads

346391010_THAIWILLFULLTHAIENG.docx 24.69 kB · 6 downloads

Thanks for sharing this. The two different documents are exactly the same?

[dlclark97]

I am from the US and I have made both a Thai and USA Will.  There are very specific ways a Thai Will is written.  This almost requires that the Will be written, and signatures witnessed by a Thai lawyer.   Each paragraph of my Thai Will is first in Thai followed by the English version.  The Thai Will must include specific details such as images of bank account passbook ownership pages.  Any vehicles to be left to an individual must be specifically identified.  For my Thai Will (not expensive) photographs were taken of me will the Will and parts of me signing the Will.  These pictures are included in the final copy for signatures.  I signed plus the lawyer and one witness signed each page of the Will.  My initial Will cost was 10K baht and later modifications or additions are 5K baht.  The USA Will is much easier.  It should have similar detail as in a Thai Will but only has to be completed in English.  I used three witnesses, 2 Thais and a retired US Army Colonel to witness my signing of the Will.  Whatever you do, don't delay making your Wills.  It will save your family and friends untold headaches trying to get things sorted if you die without proper Wills.

[oxo1947]

3 hours ago, Dioj said:

Thanks for sharing this. The two different documents are exactly the same?

Yes........as stated it has been discussed on here a few times you might want to look back and get other ideas--I am from Oz, and I as well as a will which you can just download there--have made my Daughter power of Attorney , in case I need funds and am unable to access from here. Most countries UK--USA  etc have a site where you can download a will form, usually for free---or just a small fee. Unless you have something very complicated in your holdings from your country-- its all fairly basic. For My wife here I have increased my ATM card to 50,000 Bht a day so she can clear out fund from that in a few days.

[Expat68]

It was some years ago but I was Power of Attorney for an elderly gentleman. He had to make two wills (one for each country he had assets) this was instructed by an English lawer

[animalmagic]

20 hours 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.

To the best of my understanding, and from discussions with professional will agents, it is better to have a separate will for each country where you have assets. Every element of a will has to go through probate and issues in one country may delay other more easily resolved issues in another.  It is probably best to seek professional guidance, which may or may not be available on here, in order to ensure that your estate goes to exactly who you want it to and as quickly as possible.

[Surasak]

20 hours ago, OneMoreFarang said:

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. 

If you make a Will to cover the assets held in Thailand, then the laws of Thailand apply, if said Will was drawn up in Thailand. If you make a Will in a foreign country, drawn up in that foreign country, then the laws of that country apply. If you should make a Will in Thailand to cover ALL assets world wide, the laws of Thailand apply, but all Wills can be contested by any or all beneficiaries. 

I have a Will to cover my few assets in Thailand, drawn up by a Thai lawyer. I have another Will to cover assets in the UK, drawn up by solicitors in the UK. Both state quite clearly that neither can make a claim against the other.

[jayceenik]

20 hours ago, 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.

 

Exactly.

In 2014 I decided that my TGF was the ONE and I wanted her to be sole beneficiary of my modest riches.

Indeed we're now married.

I have no NOK.

I made a Thai Will with a law firm in Pattaya for my Thai bank accounts (and motocy!). THB 10,000.

I flew to SIN and made a Will with a SIN law firm for my Citi SIN FCD account. USD 500 plus 50 for SIN govt registration.

And I wrote a holographic Will for my bank account in Belgium. Legal in Belgium. Wife will send it to a notary in Belgium for execution when I depart.

[newbee2022]

21 hours 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.

For me there is only ONE LAST WILL. I never heard about a second or third last will. 

Also you're free to give your assets to whom you want. 

Make sure you'll have an executor named, written the will in English, EU-language and Thai, signed by 2 witnesses. Leave it at the City Hall. It's for free.