Making A Thai Will & Testament

[Phil Clark]

Sorry to disappoint anyone who knows me, but I have no intention of dying in the next decade or three.

However, I have concluded that I should ‘take care of my affairs’ for when the inevitable happens so that I can have a say in where the money goes. Not that it will matter to me when I am dead, the thought of scavenger strangers picking over my Thai estate is not a welcome one.

I have already finalised my UK Will, so the bulk of my ‘wealth’ is already taken care of. That said, the Thai ‘estate’ is not insignificant and so I want to get that sorted as best I can before I join friends down in ###### [why is that four-letter word banned?] (no way do I want to go to Heaven if such a place exists, as I wouldn’t know anyone).

I have already started researching the subject and, not surprisingly, I am getting conflicting advice from so-called Thai professionals in the Legal profession.

I obviously need to appoint Executors (however that transliterates from English to Thai and back) and am told that Beneficiaries can also be Executors. That comes as no surprise to me as it is the case in UK.

However, I am concerned as to the accuracy of advice being offered. I have spoken with three different ‘Law firms’ in Pattaya and have not been too impressed with the answers to specific questions.

Rather than go through what I asked and what the responses were, I will just list a few questions:

1. What is the procedure for farang Executors, whether or not they are beneficiaries, once they are aware I am dead? Who do they contact, what rights of access to my assets do they have etc?

2. Does a Will have to be formally lodged with a Thai Authority or notarised to be valid under the law? As far as I am told, two people formally witnessing my Will are all that is required.

3. I have certain assets under the umbrella of Thai companies in which I am a minority shareholder yet I have effective control. Could this detail cause any problems when land is involved?

4. How much would one expect to pay for a Thai Will, complete with English translation?

5. Should there be a problem with interpreting my Will in terms of language (i.e. Thai vs. English) which language would prevail in court? In other words, does the English version have any legal merit?

There are several other potential issues I would like to address, but this post is running away with itself.

Suffice it to say, if anyone has firsthand knowledge and would like to share same, it would be much appreciated by myself and doubtless many others.

Thanks for any input.

Phil

PS. You are all going to die one day!

[jayenram]

The only thing I've been told by a Thai Lawyer (and confirmed by a UK solicitor) is that your Thai will applies to Thailand assets. Your UK will has to deal with your UK assets. Never the twain shall meet.

Edited January 25, 2005 by jayenram

[jayenram]

Just a few words from an old (dead) mate:

I, the under-mentioned, by this document do declare my true intentions,

My last will, my testament.

when I turn up my toes,

when I rattle my clack, when I agonise, I want no great wet weepings

No tearing of hair, no wringing of hands

No sighs, no lack-a-days

No woe-is-me's and none of your sad adieus.

Go go go and get the priest

And then go get the booze, boys.

Death, where is they victory?

Grave, where is thy sting?

When I snuff it bury me quickly then let carousels begin.

But not a do with a few ham sandwiches

A sausage roll or two

And "a small port wine please".

Roll the carpet right back

Get cracking with your old Gay Gordons and your knees up, shake it up, live

it up, sup it up

###### of a kind of a time.

And if the coppers come around

Well tell them the party's mine, boys.

Let best beef be eaten, fill every empty glass,

Let no breast be beaten let no tooth be gnashed.

Don't bother with a fancy tombstone or

A big-deal angel or a little copper flower pot

Grow a dog rose in my eyes or a pussy willow

But no forget-me-nots, no epitaphs no keepsakes

You can let my memory slip.

You can say a prayer or two for my soul then

But make it quick, boys.

Lady, if your bosom is heaving don't waste your bosom on me

Let it heave for a man who's breathing

A man who can feel, a man who can see.

And to my cronies you can read my books

You can drive around in my motor car

And you can fish your trout with my fly and tackle

You can play on my guitar,

And sing my songs, wear my shirts

You can even settle my debts.

You can kiss my little missus if she's willing then but - no regrets, boys.

Your rosebuds are numbered

Gather them now for rosebuds'sake.

And if your hands aren't too encumbered

Gather a bud or two for Jake.