Probate And Wills In Thailand

[pitrevie]

Not sure if this is the right part of the forum for this and whether anyone can shed any light on this problem.

A Thai friend of mine is one of the beneficiaries in the will made by an English guy who died in the latter part of last year. To date he has not been given sight of the will. He would like to know if there is any way of obtaining a copy of the will other than through the lawyer, such as a probate court.

[joskydive]

If he hasn't been given sight of this Will, how does he know he is one of the beneficiaries? Should he think that he is a beneficiary, why will the Lawyer not show him the Will? I suggest he employs his own Lawyer so that the Will is enacted.

[pitrevie]

If he hasn't been given sight of this Will, how does he know he is one of the beneficiaries? Should he think that he is a beneficiary, why will the Lawyer not show him the Will? I suggest he employs his own Lawyer so that the Will is enacted.

1. He was told by the guy who made the will that he intended to put him in it. 2. This was also confirmed to me by the guy who made the will and I am not a benificiary. 3. As to why the lawyer has not shown him the will, that I cannot answer. However I thought a will had to go through probate and then it was available for inspection but maybe other will correct me on that.

[joskydive]

I have looked this up for you in The Civil and Commercial Code. Book 6. Things are not so easy here for the Will to be distributed.

Section 1712. First of all an Administrator has to be appointed by either the testator himself; or by the person nominated for the purpose in the will.

Section 1725. The administrator of an estate shall take proper steps to seek for the interested persons and shall notify them within a reasonable time of the testamentary dispositions concerning them.

Section 1744. The administrator is not bound to deliver the estate or any part thereof to the heirs before one year has elapsed from the death of the de cujus, unless all the known creditors of the estate and legatees have been satisfied by performance and distribution.

To be honest, this is a massive section in the Civil and Commercial Code and the only way your friend is going to get anywhere with this is by talking to a Lawyer and possibly employing his services. How is he even going to find out who the Administrator is otherwise, let alone, prove he is the person who the guy wished for him to be a benificiary.

[pitrevie]

I have looked this up for you in The Civil and Commercial Code. Book 6. Things are not so easy here for the Will to be distributed.

Section 1712. First of all an Administrator has to be appointed by either the testator himself; or by the person nominated for the purpose in the will.

Section 1725. The administrator of an estate shall take proper steps to seek for the interested persons and shall notify them within a reasonable time of the testamentary dispositions concerning them.

Section 1744. The administrator is not bound to deliver the estate or any part thereof to the heirs before one year has elapsed from the death of the de cujus, unless all the known creditors of the estate and legatees have been satisfied by performance and distribution.

To be honest, this is a massive section in the Civil and Commercial Code and the only way your friend is going to get anywhere with this is by talking to a Lawyer and possibly employing his services. How is he even going to find out who the Administrator is otherwise, let alone, prove he is the person who the guy wished for him to be a benificiary.

Many thanks for that reply, he knows the lawyer who is dealing with the will and has tried to set up an appointment but has had no luck so far. I did make the point to the deceased while he was alive that he should have lodged a copy of his will with some third party.

[joskydive]

There is another section which might help your friend and that is.

Section 1727. Any interested person may, prior to the completion of the distribution of the estate, apply to the Court for the discharge of an administrator for reason of neglect of this duties or for any other reasonable cause.

So, if your friend feels he is being forbed off there is something he can do. Yet, again, he would need to employ his own Lawyer to do this action on his behalf. His own Lawyer would firstly contact the Lawyer/Administrator to see what is going on and as a result of that conversation your friend might not even have to take him to court.

[pitrevie]

There is another section which might help your friend and that is.

Section 1727. Any interested person may, prior to the completion of the distribution of the estate, apply to the Court for the discharge of an administrator for reason of neglect of this duties or for any other reasonable cause.

So, if your friend feels he is being forbed off there is something he can do. Yet, again, he would need to employ his own Lawyer to do this action on his behalf. His own Lawyer would firstly contact the Lawyer/Administrator to see what is going on and as a result of that conversation your friend might not even have to take him to court.

Thanks for that I will pass the info on. I think it might be in his interest to have his own lawyer.