Advise About Wills

[meuok]

I am English, living full time in Thailand with a thai company owned house, with my son as the only remaining shareholder. I have a valid English will. Would appreciate any advise as to whether this is sufficient or should I re-write this will in Thailand.

[astral]

When the time comes you English will, will suffice.

May be easier to get it probated in the UK and deal with assets there first. The Thai authorities will accept the UK probate.

However, the UK authorities may want tax on your Thai assets, as they will still see you as domiciled in the UK. A separate will for the Thai assets, you shares in the Thai company, may be a better way to go.

[Sumitr Man]

Two things:

1.

with my son as the only remaining shareholder

If there are only two shareholders, you and your son, as your post seems to indicate, you don't have a valid limited liability Thai company.

Pursuant to Section 1097 of the Civil and Commerical Code, there needs to be 7 shareholders of a company in order for it to be a limited liability company. However, you and your son may well be the major shareholders, with 5 minor ones - but there does need to be 5 others somewhere.

2. Wills [in Thailand] are governed by Book VI (Succession) Title III (Wills) of the Thai Civil and Commercial Code. Sections 1655 - 1672 provide for how to do this. Whilst these sections are silent as to the enforcement of a will governed by foreign law, but which have Thai property the subject thereof, as made by foreign nationals, Section 1667 of the CCC does proviso for such circumstances if the benefactor is a Thai national. Whilst I have no authority for this, IME it would be unlikely that the courts would impose a lower threshold for foreign nationals than that set for Thai nationals. Consequently, at minimum, I would try and comply with the stipulations as set out in S. 1667 - and would also try and discuss this with a member of the Thai embassy in the country where you reside or a reputable lawyer in Thailand, as the case may be.