Thai Last Will and Testament Question

[BigStar]

20 minutes ago, LuckyG said:

Now after readiing comments made above, from LiverPool Lou, i wonder if this charade was even necessary or in any way productive. 

 

Well, you successfully registered your Will officially w/ the Amphur. Yes, you had to do it their way. Same as I did to get my yellow book and pink card. And so?

[Liverpool Lou]

13 minutes ago, LuckyG said:

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. 

No Thai government offices "validate" wills, nor is there any need for that, a will is either valid by virtue of being properly drawn up and witnessed, or it isn't.  Having a district office staff member look at it doesn't make it valid if it isn't already valid.  If you're referring to a desire to have the will acted upon without delay, the only government agency that can do that legally is the court that deals with administration/probate.  

 

https://www.samuiforsale.com/family-law/forms-of-wills-under-thai-law.

"The most common last will and testament in Thailand is a last will in writing, dated at the time of making and signed by the testator in the presence of at least 2 witnesses who sign their names to certify the signature of the testator (section 1656 of the Civil and Commercial Code). It is not required that such a will is notarized or registered for it to be a valid legal will".

[Liverpool Lou]

34 minutes ago, LuckyG said:

Now after readiing comments made above, from LiverPool Lou, i wonder if this charade was even necessary or in any way productive. 

It wasn't.  

[digbeth]

any will can be invalidated by newer will, the only way to make it final after making sure it has been correctly drawn is to die 

[LuckyG]

3 hours ago, Liverpool Lou said:

Having a district office staff member look at it doesn't make it valid if it isn't already valid. 

The Chiang Mai Admin Court is located right behind the District offices within the same compound, so im hoping the fact that the clerk created a doc summarizing Testator, Beneficiary, both Witnesses that was signed by the witnesses and myself, the testator, will help speed up whatever will make the will valid, hence, making the overall charade worthwhile.  Thanks for your input.  Im curious how you became so knowledgeable in this matter? do you happen to practice Thai law or work in this field of law?

[Liverpool Lou]

31 minutes ago, LuckyG said:

im hoping the fact that the clerk created a doc summarizing Testator, Beneficiary, both Witnesses that was signed by the witnesses and myself, the testator, will help speed up whatever will make the will valid

The only things needed to make a will valid is for it to be in writing (apart from one very infrequent circumstance that does not apply n this thread), dated at the time of making and signed by the testator in the presence of at least 2 witnesses who sign their names to certify the signature of the testator.   Nothing else is needed, nothing.

 

"...help speed up whatever will make the will valid".

The validity of a will cannot be "sped up", administration/probate possibly could be sped up by the court for a valid will.   A legally prepared will is valid regardless of who, or which agency, looks at it, summarises it, copies it, records it or stamps it unless a more recent will supersedes it.

[CaptainPeacock]

Though I'd post this question here to save starting a new thread, Help / Advice needed...

 

Been happily married to a Thai lady here for 17 years.

 

A few years prior to my happily married relationship, I had a daughter (she is an adult now living in the EU) from a Thai relationship that went sour...

 

My question is in regards to my ONLY asset in Thailand, which is some cash in a Thai bank account.

 

If i was to pass away, my cash would automatically go to my wife (which is what i want) however wife and i was discussing this and she informs me when she goes to the court, the court will ask if i have any children in Thailand, if i do then my cash is divided or worst all given to my daughter?

 

NOTE: I have a UK WILL which both my wife AND daughter are beneficiaries of, the reason i didn't mention the Thai bank account to my UK solicitor back then was because i assumed my cash would automatically go to my wife.

 

To get around the above dilemma...

 

Would:

 

(DIY) As discussed in this thread...

 

A one page Thai WILL stating all the funds in my Thai bank account to go to my wife as sole beneficiary, 2 Witnesses present at the Amphur office (where our marriage was registered) suffice?

 

Thanks for any advice, especially @Liverpool Lou as he seems VERY Knowledgeable in this subject...

 

 

[topt]

1 hour ago, CaptainPeacock said:

A one page Thai WILL

Just make sure it is clear that this is for your Thai assets only and excludes any others.

You may want to check your UK will wording to make sure that there isn't anything in there that will contradict having a separate Thai will.

[NoDisplayName]

On 1/21/2025 at 12:13 PM, CaptainPeacock said:

My question is in regards to my ONLY asset in Thailand, which is some cash in a Thai bank account.

 

Joint account?

[ifmu]

do any of you folks know if this will    will satisfy bbk bank 400k thb to my wife  in my name for immigration

TIA

[scorecard]

On 6/7/2024 at 10:54 AM, lom said:

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

Mine is signed and witnessed with date and time at the top and bottom of every page.

 

Ys it can be in a sealed envelope and registered and stored at the local tessaban office and you should have a receipt.

 

But storing at the tessaban is not compulsory.

 

The tessaban office and some local amphur offices will claim they can assist you to write the will but beware of this, these folks are not lawyers and are not trained. 

On 8/7/2024 at 2:20 PM, LuckyG said:

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. 

QUOTE FROM ABOVE: "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."

NOTE WELL:  The staff at such offices who 'handle wills are not layers and have no legal or other training in regard to wills.