Thai Last Will and Testament Question

[LuckyG]

Does anyone know, FOR SURE, how to properly "finalize" a DIY Will in Thailand? 

I am told by lawyers that wills are not filed or recorded with Courts in Thailand and I understand that a Will needs only 2 witness signatures, of the Testator's signature to be valid.....

but, for example, If the will is 7 pages and page 7 is for Testator and witness signatures, what could prevent an executor from changing anything in pages 1-6?

What puts the Will "in stone" or keeps it Final, once signed and witnessed? is Notarising the will a proper solution? If so, can this be done after the Witnesses have signed?  Thanks!

[lom]

16 minutes ago, LuckyG said:

If the will is 7 pages and page 7 is for Testator and witness signatures, what could prevent an executor from changing anything in pages 1-6?

The will being inside a sealed envelope, registered and stored at the Tessaban.

[Delight]

The only person that counts -in any country- is the administer.

 

In UK this title is the Executor.

This person you must absolutely  trust.

 

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

They must all be created at the same time-and be identical.

 

Typically you will sign or initial each page 

Select your  administer carefully.

[LuckyG]

3 hours ago, lom said:

The will being inside a sealed envelope, registered and stored at the Tessaban.

Thanks!

So does this mean one registers a sealed envelope or do they review and then it is sealed?

Do you happen to know where the Tessaban for Amphoe Mueang Chiang Mai is located?

[Liverpool Lou]

3 hours ago, lom said:

The will being inside a sealed envelope, registered and stored at the Tessaban.

There is no requirement for the will to be registered and stored at the local district office, it can be kept anywhere.

[prakhonchai nick]

I would recommend keeping your Will at home along with a list of all your assets that are to be dealt with by the Will upon your death. Let your spouse/partner know where it is.

Keep the Will as simple and straightforward as possible. Just state facts, no embellishments praising the beneficiaries etc. One page is quite normal unless there are many beneficiaries.  If only one beneficiary, no need to list all assets - just a simple statement leaving everything to ...................... If more than one page, the bottom of each page is signed.

When Thai beneficiaries involved, make sure their Thai ID number is shown

[rocketboy2]

A DIY will, an excellent idea.

Good luck. 

[Purdey]

Provide the district office with the original and keep an exact copy at home. The date should be the same on both.

[Muhendis]

In the situation of a multiple page will, each page should be signed by the testator. The final page has the signatures of witnesses who have seen the testator sign each page.

Any amendments are open to challenge unless initialed by the testator.

The will can be stored anywhere you please but needs to be easy to find when required.

[Rumpelstilskin]

20 hours ago, LuckyG said:

Does anyone know, FOR SURE, how to properly "finalize" a DIY Will in Thailand? 

I am told by lawyers that wills are not filed or recorded with Courts in Thailand and I understand that a Will needs only 2 witness signatures, of the Testator's signature to be valid.....

but, for example, If the will is 7 pages and page 7 is for Testator and witness signatures, what could prevent an executor from changing anything in pages 1-6?

What puts the Will "in stone" or keeps it Final, once signed and witnessed? is Notarising the will a proper solution? If so, can this be done after the Witnesses have signed?  Thanks!

Go to an attorney, because the executor is unlikely to take the will all the way through probate without one. English have an expression, 'penny wise-£foolish.

 

[JimHuaHin]

15 hours ago, prakhonchai nick said:

I would recommend keeping your Will at home along with a list of all your assets that are to be dealt with by the Will upon your death. Let your spouse/partner know where it is.

Keep the Will as simple and straightforward as possible. Just state facts, no embellishments praising the beneficiaries etc. One page is quite normal unless there are many beneficiaries.  If only one beneficiary, no need to list all assets - just a simple statement leaving everything to ...................... If more than one page, the bottom of each page is signed.

When Thai beneficiaries involved, make sure their Thai ID number is shown

 

Exactly.

 

This was the advice I received from a close Thai friend (who teaches law at Thammasat University) of my ex gf.

 

The only difference being, my will stipulates a back-up, or secondary, administrator if my primary administrator predeceases me.

 

 

[wombat]

save yourself all the hassle and put everything in your cashiers name now

[newbee2022]

22 hours ago, LuckyG said:

Does anyone know, FOR SURE, how to properly "finalize" a DIY Will in Thailand? 

I am told by lawyers that wills are not filed or recorded with Courts in Thailand and I understand that a Will needs only 2 witness signatures, of the Testator's signature to be valid.....

but, for example, If the will is 7 pages and page 7 is for Testator and witness signatures, what could prevent an executor from changing anything in pages 1-6?

What puts the Will "in stone" or keeps it Final, once signed and witnessed? is Notarising the will a proper solution? If so, can this be done after the Witnesses have signed?  Thanks!

You don't need any lawyer. Write your will, sign every page, let it be witnessed and translated and deposit it at City Hall. Doesn't cost anything! Drafts for the last will are uncountable on internet. Voila🙏

[scorecard]

2 hours ago, Muhendis said:

In the situation of a multiple page will, each page should be signed by the testator. The final page has the signatures of witnesses who have seen the testator sign each page.

Any amendments are open to challenge unless initialed by the testator.

The will can be stored anywhere you please but needs to be easy to find when required.

From above:

 

"

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Posted 2 hours ago

In the situation of a multiple page will, each page should be signed by the testator. ... 

Signed and dated.

[brianthainess]

Is the will only for bequeathing whatever to a Thai/ wife. ?

Anyway if it's in Thailand it will still have to go to the Local City family court for probate, that can take up to 3 months or more.  To the very best of my Knowledge. 

[newnative]

      My Will has my signature and the witness signatures on every page.  You can keep possession of your Will but make sure your Executor knows where it is.  My lawyer also retains a copy.  

[khunPer]

On 6/7/2024 at 5:36 AM, LuckyG said:

Does anyone know, FOR SURE, how to properly "finalize" a DIY Will in Thailand? 

I am told by lawyers that wills are not filed or recorded with Courts in Thailand and I understand that a Will needs only 2 witness signatures, of the Testator's signature to be valid.....

but, for example, If the will is 7 pages and page 7 is for Testator and witness signatures, what could prevent an executor from changing anything in pages 1-6?

What puts the Will "in stone" or keeps it Final, once signed and witnessed? is Notarising the will a proper solution? If so, can this be done after the Witnesses have signed?  Thanks!

It's well described in the book "Thai Law for Foreigners". You can sign it together with two witnesses at the local Amphor-district office and they can keep it on file for you. However, a last will do not need to be officially filed, just someone can find it, when you are gone.

[dlclark97]

On 6/7/2024 at 11:50 AM, Delight said:

The only person that counts -in any country- is the administer.

 

In UK this title is the Executor.

This person you must absolutely  trust.

 

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

They must all be created at the same time-and be identical.

 

Typically you will sign or initial each page 

Select your  administer carefully.

When written with the assistance of a lawyer, the signing is done and witnessed on every page.  Pictures are also made at this time and become part of the Will.  The lawyer also keeps one original.

[digbeth]

On 6/7/2024 at 10:36 AM, LuckyG said:

What puts the Will "in stone" or keeps it Final, once signed and witnessed? is Notarising the will a proper solution? If so, can this be done after the Witnesses have signed?  Thanks!

 

It's only final until a newer will is made which invalidates the previous will, hence the need for witness to confirm the date and that you are of sound mind 

[Joedoebarinio]

On 6/7/2024 at 5:47 PM, Purdey said:

Provide the district office with the original and keep an exact copy at home. The date should be the same on both.

That is exactly what I did. Wrote it out in English and had it translated into Thai then off to the Ampuer; done. The people at the Ampuer will type it up onto their data base. 

[LuckyG]

Thanks for the input from all.  Yesterday, I took my will, with witness signatures and copies of signed ID cards to the Amphur office in Chiang Mai. They politely informed me that both Witnesses need to be present, to have a will registered with the Amphur's office...Uhhh!

 

Would a will be considered invalid if not registered?  and Would this mean all money kept in Thai bank accounts could be kept by the bank if i die? The only reason I care about a Thai will is so the bank cannot keep my money, if i stop a truck.  I would much rather go through this headache of preparing a will that instructs the money goes to a friend verses letting the bank keep it.

[JimGant]

On 6/26/2024 at 8:33 AM, LuckyG said:

Would a will be considered invalid if not registered?

Absolutely not.

[Liverpool Lou]

On 6/7/2024 at 5:47 PM, Purdey said:

Provide the district office with the original 

Why?  That is not a requirement and the district office is not involved in the probate process.

[Liverpool Lou]

On 6/8/2024 at 9:14 AM, newbee2022 said:

Write your will .. and deposit it at City Hall.

Why?  Where does "City Hall" come into the process?

[Liverpool Lou]

On 6/8/2024 at 11:20 AM, brianthainess said:

if it's in Thailand it will still have to go to the Local City family court for probate

Spot on.  

[Liverpool Lou]

On 6/26/2024 at 8:33 AM, LuckyG said:

Would a will be considered invalid if not registered?

No!  District offices do not have to be involved in any manner.

[Liverpool Lou]

On 6/26/2024 at 8:33 AM, LuckyG said:

I would much rather go through this headache of preparing a will that instructs the money goes to a friend verses letting the bank keep it.

Banks do not have the authority to keep the assets of the intestate.  If it goes anywhere when there is no will and no claimants, it goes to the state.

[NoDisplayName]

On 6/9/2024 at 2:25 PM, Joedoebarinio said:

That is exactly what I did. Wrote it out in English and had it translated into Thai then off to the Ampuer; done. The people at the Ampuer will type it up onto their data base. 

 

The ampur in our small city refused to touch a will with a foreigner involved.  Same with the main office in Korat.  They won't sign it, they won't stamp it, they won't register it, they won't store it, they won't even look at it.

 

YKMV

[LuckyG]

FYI to all---I finally was able to register my Will with the Amphoe in Chiang Mai and everything about the process seemed awkward.

I went alone on my first visit and they insisted that my two witnesses needed to be present for them to register the will.  So i returned with my 2 witnesses. The clerk insisted that i give her the original Will in a sealed envelope because she could not look at the Will's contents. Then she used my copy of the original will to create documents acknowledging my beneficiary and witnesses, which the witnesses then had to sign.  She studied the contents of the copy but could not look at the original???    I am a single farung and my will leaves everything to another single farung, which at first, the clerk said could not be done. Then she asked some other clerks and they said ok.  Next, i had to meet with some lady who asked me a lot of questions about my life and wanted to know about my relationship with my witnesses.  How we know each other etc. It was very bizarre.  I felt like i needed to pass an interview to register my will. WTF??   Now after readiing comments made above, from LiverPool Lou, i wonder if this charade was even necessary or in any way productive. 

[LuckyG]

On 7/7/2024 at 10:49 AM, Liverpool Lou said:

No!  District offices do not have to be involved in any manner.

Is there an office that you would recommend to register will?  I am just trying to validate authenticity of the will for the sake of my Executor.