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. 

 

[Expat68]

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

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

Which Tessabarn does it have to be, ie province 

[SiSePuede419]

It's probably more practical to have a list of your accounts and the most recent statements along with instructions on how to transfer the money out to your Thai executor.

 

Who cares what you want.  You're dead.

 

Deceased.  Dead.  The Big Sleep.

 

Pining for the fjords. 👋

[Cat Boy]

With all due respect, why on earth would you even consider a DIY last will and testiment? 

 

Definitely consult a Thai lawyer for advice and have them guide you through and facilitate ever step. 

 

My will was start to finish in consultation with my Thai lawyer, there were many steps, including translation of my passport.

 

When everything was finalised a copy was submitted to the registry office. 

 

It covers only assets in Tha, not those overseas in other countries. 

 

The total cost was very red, like 12-14k THB as I recall. 

 

That was a few years ago. 

 

But, regardless, leave this to the professionals, it's too important, and you, by definition, won't be around to correct or remedy any issues once the time comes. 

[Marco51]

On 6/7/2024 at 10:36 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!

Visit your nearest consulate or if close the embassy and have them authenticate it. If several pages , they will be tackered together on an upper edge and corner stamped so it cannot be hampered with. Then there will (normally) be your governments stamp at the end . No real need for a local "lawyer".....yes, I know , there are also the good ones.

[newbee2022]

On 6/7/2024 at 10:36 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!

Sign every page. Also no lawyer required. Write the will in Thai and your mother language, name an executor, have two witnesses, and store the envelope at city hall. Free of charge

[orientalist]

Who gets to be executor if one is not specified in the will? Appointed by the Family Court? 

[Wrwest]

On 6/7/2024 at 2:14 PM, LuckyG said:

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?

Currently serving as Executor for my deceased Aussie Friend. We used PahBig at AssistThai Visa to draw up the Will, make sure all was in order, file with the Thai Court after my friend passed. Charge for the Will was 7K and worth the peace of mind. Friend passed mid-Dec., court appointment given early March to officially be appointed Executor and carry out the Will instructions.

[J Branche]

What made our will finalized is that the Lawyer who Is the Executor has the Legal Will on File.  The relatives are instructed to contact the Law Firm if anything happens.

 

If you update the Will or use another Lawyer you would also notify relatives of the new Lawyers Contact info

[biggles45]

A few posters have mentioned PROBATE. One said it can take 3 months! Under what circumstances is Probate required?

Is it on every will. Does it depend on the value of the assets? Does your heir have to show Probate granted to withdraw monies from your bank account, transfer your car to their name etc etc. All valid questions as part of the process I think. Any actual experience on here? 

[CaptainPeacock]

14 hours ago, NoDisplayName said:

 

Joint account?

 

NO, in my name only.

 

 

4 hours ago, Cat Boy said:

With all due respect, why on earth would you even consider a DIY last will and testiment? 

 

Definitely consult a Thai lawyer for advice and have them guide you through and facilitate ever step. 

 

My will was start to finish in consultation with my Thai lawyer, there were many steps, including translation of my passport.

 

When everything was finalised a copy was submitted to the registry office. 

 

It covers only assets in Tha, not those overseas in other countries. 

 

The total cost was very red, like 12-14k THB as I recall. 

 

That was a few years ago. 

 

But, regardless, leave this to the professionals, it's too important, and you, by definition, won't be around to correct or remedy any issues once the time comes. 

 

Don't know if this is replying at me - if so check below*

 

*NOTE: I have a detailed full 'UK WILL' written at UK solicitors law firm, 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 Thai cash would automatically go to my wife.

 

[ I only recently discovered: when wife goes to the Thai 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? ]

 

SO...surely in my case a simple one page Thai WILL stating (cash, my ONLY Thai asset) 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) all parties sign & date ...would suffice?

 

Hoping @Liverpool Lou kind Sir will chime in...

 

 

[NoDisplayName]

5 minutes ago, CaptainPeacock said:

14 hours ago, NoDisplayName said:

Joint account?

 

NO, in my name only.

 

 

That was the possible solution, open a joint account.

 

Otherwise, from reading here and elsewhere online, the DIY will should suffice.  Can't speak from personal experience.  Yet.

 

We've made a DIY will, two witnesses.  Amphur refused to register with foreigner involved.  No children, no ex'es for either of us.  Thai assets shouldn't be a problem.  House and car in her name, so only bank accounts.

 

The tricky part will be getting the IRS certification for my US broker to release my accounts with her already designated as beneficiary.

[CaptainPeacock]

29 minutes ago, NoDisplayName said:

 

That was the possible solution, open a joint account.

 

Otherwise, from reading here and elsewhere online, the DIY will should suffice.  Can't speak from personal experience.  Yet.

 

We've made a DIY will, two witnesses.  Amphur refused to register with foreigner involved.  No children, no ex'es for either of us.  Thai assets shouldn't be a problem.  House and car in her name, so only bank accounts.

 

The tricky part will be getting the IRS certification for my US broker to release my accounts with her already designated as beneficiary.

 

re: " open a joint account."

 

bank refused as i don't have 'work-permit' ...I'm on NON-0 ...(Yep bizarre to say the least!)

 

re: "We've made a DIY will, two witnesses.  Amphur refused to register with foreigner involved.  No children, no ex'es for either of us.  Thai assets shouldn't be a problem.  House and car in her name, so only bank accounts."

 

So what are you going to do about your Thai bank accounts?

 

I almost tempted when i return to UK this summer, to rewrite / codicil my UK WILL ...AND include: " *all the funds in my Thai bank account to go to my wife as sole beneficiary"

 

However, it raises another question... would this updated UK WILL with the *above (written at UK solicitors law firm) be valid /legal when presented at a Thai court under Thai Law ?

 

[suzannegoh]

28 minutes ago, CaptainPeacock said:

 

So what are you going to do about your Thai bank accounts?

 

Leave instructions with your beneficiary about how to go online and drain those accounts before the bank knows that you're dead.

[NoDisplayName]

1 hour ago, CaptainPeacock said:

So what are you going to do about your Thai bank accounts?

 

We have the DIY will signed by witnesses, which according to reports is valid.

 

We have our marriage certificate.

 

We will have one foreigner, expired, and the Thai certificate of passing "use by" date, plus the certificate from the embassy.

 

That should be enough.  Most of the accounts have small amounts.  She'll have the ATM card or can go online and transfer.  The only potential problem will be the 800K fixed account requiring in-person withdrawals.  The will plus listed documents should cover it.

 

I've read we could add her name to the fixed account in the black-light visible signature block, which shouldn't cause any problems with immigration but will give her access to the funds.  I can't confirm this.

 

Also set up a Schwab international account for her, and will be depositing annual gifts.  She'll have plenty to live on during the year the IRS takes to produce the tax certificate.

[No Forwarding Address]

On 8/6/2024 at 9:20 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 reading comments made above, from LiverPool Lou, i wonder if this charade was even necessary or in any way productive. 

You need a Lawyer for these complicated transactions.  I am leaving everything in Thailand to my spouse in a neighbor country………we did the will at the Scandanavian Law Office in JomTien……….When I tried to give SCB a copy, they had me make a Beneficiary page, and said the will is not valid for their bank accounts, so we changed my bank account to a joint account, that takes care of that, we both have debit cards.

[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!

You can place a signature on each page.

 

You don'y need natarization, even a handwritten will without witnesses can be valid. The importance is that someone can find your will, when you have moved on; that's the benefit of having a will notarized at the local amphor-district office and kept in file there.

 

Your can read about Thai wills here, from the book Thai Law for Foreigners...

 

[JimGant]

3 hours ago, NoDisplayName said:

I've read we could add her name to the fixed account in the black-light visible signature block, which shouldn't cause any problems with immigration but will give her access to the funds.  I can't confirm this

This is called co-signatory, and I have it with my wife on my Bangkok Bank savings account. And, yes, her name only visible under black light, so no 'joint account' aspect to queer Immigration. Also, we've online banking, and that would be her first avenue to draining my account upon death. Co-signatory is backup, where she could walz into the bank, with my passbook, and drain my account. Supposedly not above board if I'm dead -- but bank doesn't get reports of client deaths. And, since wife is sole heir in my Will, no aggrieved party to squawk. Fait accompli comes to mind.

 

Probation reportedly starts at 50,000bt, and takes many months. Certainly not worth it for a bank account, so backdoor procedures seem the way to go. Even our bank manager gave us a wink, wink on this procedure -- having no love for the lawyer mafia presumably. Again, who's going to file a claim, if wife is sole heir and executor in my Will.....

 

Co-signatory also a good policy, should you be flat on your back in a coma.

[scorecard]

6 hours ago, NoDisplayName said:

 

That was the possible solution, open a joint account.

 

Otherwise, from reading here and elsewhere online, the DIY will should suffice.  Can't speak from personal experience.  Yet.

 

We've made a DIY will, two witnesses.  Amphur refused to register with foreigner involved.  No children, no ex'es for either of us.  Thai assets shouldn't be a problem.  House and car in her name, so only bank accounts.

 

The tricky part will be getting the IRS certification for my US broker to release my accounts with her already designated as beneficiary.

 

My Thai will bequeaths everything to my Thai son. For several decades whenever we opened a new bank savings account:

 

- it was with the same bank and was specifically set up as:

- a joint savings

- either party can sign. 

[CaptainPeacock]

15 hours ago, khunPer said:

................................Your can read about Thai wills here, from the book Thai Law for Foreigners...

 

Interesting...

 

its states in regards to foreign WILLS:

 

"Authenticated WILLS that have been written outside of Thailand may be accepted in Thai courts, but must be translated into Thai."     Hmm...

 

@NoDisplayName I think in your case, if you do NOT have children in Thailand then my understanding is... (no Thai WILL, but legally married) EVERYTHING automatically goes to your Thai wife.