Lawyer for Thai/USA will

[Foxx]

Has anyone managed to find a Thai lawyer (preferably in Bangkok) willing and able to prepare a will covering assets in both Thailand and USA? I've approached six that looked promising, with US connections, but have not got anywhere.

My sole US assets are three accounts with Interactive Brokers (Connecticut), so it seems overkill to create a US will and also to face the cost, time and inconvenience of probate in both Thailand and US.

 

(I'm a British citizen, but resident and domiciled in Thailand.  I have no assets in the UK.)

 

 

Thanks.

[scoutman360]

I am a U.S. citizen living in Thailand, and I have studied this extensively. One cannot make a Will that covers all assets in all countries. The courts in each country will not recognize any part of the Will that discusses assets in a foreign country. So, finding a lawyer to do all that for you would be a difficult task. You need a separate Will for each country in which your assets reside. Fear not. 

 

Writing a Will that is legal in the U.S. for assets in the U.S. is so simple, why would you pay for a lawyer unless you needed to draft something like a "Living Trust" which requires a little more work. Google it, Youtube it, and you will find that Wills can be written by hand on a piece of scrap paper if you want. There are an abundance of "Will templates" online. Many are free. 

 

As for a Will in Thailand. As mentioned, it can only cover your assets in Thailand. It MUST be written in Thai language, but you can include an English translation, which is a good idea. There are a few requirements for Thai Wills which must be adhered to but nothing difficult (e.g., must identify the executor, etc.). You can pay big money for a lawyer which is what I did the first time, then I learned how easy it was, and did all my revisions myself.  And take caution. When I trusted the Thai law firm to write my Will in Thai language, they used low-level admins to write it.  Then I went to a second translation service and found many incorrect translations. 

[Foxx]

10 hours ago, scoutman360 said:

One cannot make a Will that covers all assets in all countries. 

 

There are an abundance of "Will templates" online. Many are free. 

 

Just a couple of observations:

 

The oft repeated advice is that it's advisable to have separate wills for each country.  However, such advice suggests that it is possible (if not advisable).

 

The few online US will websites that I've looked at so far start by requiring your address, and only accept US addresses.  (You have to enter your state.)  I also very much doubt that such sites would handle important aspects such as ensuring you don't unintentionally revoke your Thai will, and make it clear that the will is only for assets in the US.

That said, I think I'm pretty close to being resigned to getting a US will, even though that will make things more complicated (and more expensive) for my executor - getting probate twice, for example.

[scoutman360]

59 minutes ago, Foxx said:

 

That said, I think I'm pretty close to being resigned to getting a US will, even though that will make things more complicated (and more expensive) for my executor - getting probate twice, for example.

Yes. The executor will have to go through probate twice. There is no way around that. A Thai court has no juristiction over U.S. assets, and vice a versa. 

 

I would ignore those websites that want your address for online Wills. I found an abundance of free ones. Usually they show you a portion for example. Take that and plagerize it. Lawyers are everywhere on Youtube and walk you through the processes for free.

[Smokin Joe]

21 hours ago, Foxx said:

Has anyone managed to find a Thai lawyer (preferably in Bangkok) willing and able to prepare a will covering assets in both Thailand and USA? I've approached six that looked promising, with US connections, but have not got anywhere.

My sole US assets are three accounts with Interactive Brokers (Connecticut), so it seems overkill to create a US will and also to face the cost, time and inconvenience of probate in both Thailand and US.

 

(I'm a British citizen, but resident and domiciled in Thailand.  I have no assets in the UK.)

 

 

Thanks.

 

If your only assets are brokerage accounts they may be Payable on Death (POD), or Transfer on Death (TOD) accounts and you just designate the beneficiary(s). POD and TOD accounts do not have to go through probate and you may not need a USA will at all.

 

My Fidelity brokerage account and my Credit Union account are both POD accounts but I still needed a will for my other assets.

 

Lots of info available online. Here is just one example.

 

https://www.lawjur.com/do-transfer-on-death-accounts-mean-i-dont-need-an-estate-plan/

[Foxx]

1 hour ago, Smokin Joe said:

 

If your only assets are brokerage accounts they may be Payable on Death (POD), or Transfer on Death (TOD) accounts

 

I've explored that with my broker (Interactive Brokers), and those options, unfortunately, are only available for US residents.