Making A Will

[offset]

I need to make a simple i am will not sure about the best way to do it any advice

[alant]

my experience here was very expensive and complex and a gravy train for the lawyer who is needed for any change. this includes the listing of your bank accounts. i have heard that you can do something with your consulate so i would also like to know

[rocky123]

I have been quoted 5,000bht here so when I was UK last May got a WH Smiths off the shelf 15 GBP, looks the deal all the legal jargon and stuff. I think you can get a will online. Dont know why the charge is so high here, surely a signed testimony is valid anywhere.

[longball53098]

If you research via Google you can get enough info for you're country to learn that writing a will does not need to be expensive and if you do it yourself it is basically free except for the paper its written on. You most likely do not need expensive lawyers unless you have a huge estate to deal with and ex wives and kids and many complications. A will can be hand written by you and when signed in you're hand it must be witnessed by two people none of which can be an executor. there is a format that should be followed and the will should include some specific wording. But its really easy.

Check it out before you pay for what cn be free

[offset]

If you research via Google you can get enough info for you're country to learn that writing a will does not need to be expensive and if you do it yourself it is basically free except for the paper its written on. You most likely do not need expensive lawyers unless you have a huge estate to deal with and ex wives and kids and many complications. A will can be hand written by you and when signed in you're hand it must be witnessed by two people none of which can be an executor. there is a format that should be followed and the will should include some specific wording. But its really easy.

Check it out before you pay for what cn be free

Thanks for your help I have checked out the Internet but I would like it done in Thai and in English I already have a will in the UK it is only for my money in Thailand I need to safe guard

[pattaya_girl]

Yes I also got quoted 5000 bt here in Pattaya.

[Tokay]

Since we are on the topic of death...

As foreigners, do we have to send our bodies back to our home countries, or can we have them burned here? I find it a huge waste of time and effort (and a waste of money) to fly be back to the USA to burn me in an oven when they can just burn me at a temple here.

Any ideas?

[Basil B]

Since we are on the topic of death...

As foreigners, do we have to send our bodies back to our home countries, or can we have them burned here? I find it a huge waste of time and effort (and a waste of money) to fly be back to the USA to burn me in an oven when they can just burn me at a temple here.

Any ideas?

AFAIK, Yes.

I think that before cremation can happen they will need to establish that it is your wish to be cremated or your next of kins or if next of kin cannot be found then consent of your embassy.

Therefore writing your wishes into your will and ensuring that your next of kin know it is what you want would make sense.

[longball53098]

I am a member of the VFW here in LOS and we have older vets passing quite frequently. Yes you can stay here and have your remains handled in a dignified way of you're choosing. This is also where a will comes in to play as you can stipulate how and where you will be buried/burned.

[Farma]

Tokay there's an informative post "Dying at home in Chiang Mai" pinned in the Chiang Mai forum. http://www.thaivisa.com/forum/Dying-Home-C...ai-t267381.html

[backsoon]

Since we are on the topic of death...

As foreigners, do we have to send our bodies back to our home countries, or can we have them burned here? I find it a huge waste of time and effort (and a waste of money) to fly be back to the USA to burn me in an oven when they can just burn me at a temple here.

Any ideas?

My friend, look around... Did you ever see any dead bodies scatterred around? Not me...

So, the obvious conclusion,- they are collected and disposed of. Any VAT has a gas furnace and a chimney, that is a crematorium. If you leave a measly amount of 10,000Bt for the monks, they will cremate you and provide proper services, whether you deserve them, or not.

By the way, in your own country you better allow 5,000 - 10,000 DOLLARS for similar services. This will balance out the higher cost of lawyer-made will, if you need one.

Bon voyage and best of luck.

[chiangmaibruce]

If you research via Google you can get enough info for you're country to learn that writing a will does not need to be expensive and if you do it yourself it is basically free except for the paper its written on.

Yep, and if you make one significant mistake then your 'Will' will be worth exactly what it cost you. I understand what Longball is saying but most people do not have the time and the skills to do the research needed to come up with something that will be valid and beyond challange. And even those that can knock something up that is close to the mark, then I would still suggest having a lawyer review it for any errors or omissions. I started off using a Will kit that you can buy, but eventually moved to a good lawyer. Every law firm has its own pro-forma Will that they use and update periodically. I asked mine how often they update theirs and was told "just about evey month". The reason is due to changing laws and legal precedent (court cases) that happens every day. So the chance of even a Will prepared by a lawyer remaining valid after 10 or 20 years just gets less and less.

Most decent Thai law firms have web sites with free info about the Thai laws pertaining to Wills - this is the place to start. Start for example with thailawonline, samuiforsale.com, and the Tilleke & Gibbins site. Not surprisingly there are also plenty of earlier threads in Thaivisa on this issue - I would guess mainly in the general or business sub-forums.

My advice would be have a go at doing it yourself if you can, but shop around for the best price from good lawyers and then get them to check out what you have come up with.

[alanasia]

Hi Offset

It depends on what you wish to include in your will. If you have assets in different countries yo may need a will for each. There are a number of 'Do it Yourself' wills but the majority don't give you clear guidance on setting them up correctly. It is often the simple things that get missed.

I do have a contact who is a Wills expert and she has just launched new simple 'Do it Yourself' option which might be worth looking at. If you would like my assistance i can be contacted by email [email protected] or you can call me Alan on 0879703321

Take Care

ALAN

PS: I also have a powerpoint presentation on wills that wa passed to me by the expert when she did a seminar for me last January.

I need to make a simple i am will not sure about the best way to do it any advice

[chiang mai]

There's been much discussion on this subject over the past year so it would serve you well to do a forum search and read what has been posted. It is not as easy and straight forward as some posters might imply hence a decent lawyer is need to offset the difficulties of assets that likely spread between two or more countries - in a nutshell, a separate will is likely to be needed to manage assets where those assets exist in different countries.

[bojo]

My Thai accountant once told me that any money in a Thai bank account of mine would go straight to my wife in the event of my death unless there was a will stating to the contrary. In other words, if you want your cash stash to become the property of your wife, then there is no reason to make a will, unless you have other assets.

Would anyone with real knowledge like to confirm or otherwise. If only the dead could speak!

regards Bojo

[grahamhc]

I read a very informative article on an expat club website, describing three types of Will that are acceptable in Thailand, one being obtained free from City Hall. The details may well have changed by now, but I doubt that.

There are two expat clubs in Pattaya, and although the OP does not state his location, this IS posted in the Pattaya forum.

I think is was the City Expat Club, so try the pattayacityexpatsclub.com website and research for yourself.

[david96]

This is one procedure for making a Will in Australia.

To Make a Will

Go to the Qld Public Trustee.

They act under your instructions and they make sure that it is legal and binding.

The document is signed by you and witnessed by them.

They retain the original and will give you a copy.

A Will can be changed at any time.(Remaking your Will)

They do not charge you for this service.

They become the administrator and executor of your estate in the case of your death.

(A charge is made by the public trustee it is very reasonable, a lot less that if a lawyer administered it.)

You should always make a Will.

You should remake your Will if you marry or re-marry

You should remake your Will if you divorce.

Remember if you die without leaving a valid and legal Will the laws of interstacy apply.

In Thailand a similar service is available at an Amphur office.

[learningcurve]

You can have a Thai Will prepeared at the Banglamung Amphur. About 3 years ago the fee for this service was 4000 Baht. Thai lawyers will probably charge you a fee based on your assets.

[regedit]

My Thai accountant once told me that any money in a Thai bank account of mine would go straight to my wife in the event of my death unless there was a will stating to the contrary.

How about if your Thai wife dies first. Don't 50% of assets after marriage go to her parents/brothers/sisters rather than the husband...

[BEENTHEREDONETHAT]

We took the wills we made in Australia and had them translated into Thai and stamped. Cost about 300 Baht per page with a discount as they were both very similar in content.

Don't see any reason why that will not work out here as well. It is a simple division of our assets to our children, It all goes to my wife if I die first and in the unlikely event she dies first it all goes to me. If we were both to die at once it all goes directly to our offspring. So the kids have to wait until we our both goners before they receive anything.

We don't list our assets as that changes over the years but we keep a list of them that we update regularly and they will divide that up when the time comes.

[DotNetNutta]

It's interesting this one... I guess many are like me with a Thai wife and Kids.

If I die first, of course I want everything to go to the wife and children, but what if the wife remaries and then the new husband spends it all away? How can you protect this from happening?

I can only see that you can hold so much back until the kids are old enough to inherit.

Has anyone made a will that addresses this?

Cheers,

DNN

[Dave the Dude]

My Thai accountant once told me that any money in a Thai bank account of mine would go straight to my wife in the event of my death unless there was a will stating to the contrary.

How about if your Thai wife dies first. Don't 50% of assets after marriage go to her parents/brothers/sisters rather than the husband...

You wished!

There are 6 catagaries/options for sharing out a Thai citizens estate and as a Farang husband you(& I) are not even number 7.

Unless a will and lease has been prepared, expect to lose the house you paid for, if you out-live your wife.

Dave

[soihok]

I made a will last year in Singapore , basically all to the missus ( assests in and out of Thailand), who would see to the kids, if she chose to get another guy thats up to her.

If I go before her its all hers and the kids. If she goes before me , I dread to think but ,I have a very good reletionship with my wifes family and what we have in assets would go to the family along with my kids,,, I have no issue with this at all but I would have to spend long periods away from my kids to be able to support them by the means I see fit.

If we both went before the kids were 21, I have appointed my two Brothers from the UK to act as executors on behalf of the kids, the kids have dual nationality Thai/Brit but "if this tragic event were to happen" they would stay in Thailand and what we have here would be under the control of my wifes mother....if she were to go before us and the same event happen all would probably end up with one of my wifes brothers.

Its a funny old game is,nt?

I have decided not to bring all my funds into Thailand for this reason.

Although I have a great relationship with my wifes family, it would probably go balistic for a few months spending and then return to the normal,,,albeit with huge 4x4,s all round and no school placements for the kids.

As sure as sh#t

Edited September 30, 2009 by soihok