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Creating A Family Will And Custody Legal Document In Thailand


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Posted (edited)

We want is very simple. A Will that states:

If I die, my wife gets everything.

If my wife dies, I get everything.

If we both die, Person X gets everything.

If we both die, Person X gets custody of our daughter.

Then list the order for Person X incase that person dies at the sametime that we do. For example, "If person X is also gone, then person Y is next in line, then Person Z, etc"

Thanks.

Looking for costs, recommendations, etc.

Edited by TheJoker12
Posted

Lots of law firms that can take care of it for you, especially if it is a simple will with no assets abroad.

The question is where do you live, so people can advise a law firm in your area. Another question is if there are large assets to divide and if everything is in Thailand or not. You might want to divide between your wife and daughter.

Posted

daughter is very young. i am in bangkok. what are the advantages to dividing between daughter and wife? assets would be a house in the USA, condo in Thailand and bank account/stock portfolios ... but for the US based stuff we will have a US will.

Posted

Do not forget the fact that leaving a lump sum is no guarantee that person X will use that for the benefit of the child and not squander it and leave the child without fees for schooling or medical insurance etc.

I want a stipulated income, rising each year, until the child is through university. If not already purchased, then a property has to be bought which cannot be sold or mortgaged or in any way borrowed against. A vehicle is needed, replaced every 3 to 5 years and this cannot be pledged against a debt. The old vehicle has to be taken and the new vehicle given. This has to be done by another party, not person X. The list goes on and on.

To simplify it, I want to be sure that someone who can be trusted will administer the paying of the monthly allowance and all other bills are paid direct; school, vehicle, insurance etc. simply because I don't trust those left behind to conveniently forget to pay the insurance or not to sell the car because their brother wants some money for whisky etc. I don't want them thinking "ooohhh, why not keep that Bt30,000 and not buy insurance for the car".

As far as I know, Thailand has no trust law so you may want to set up a trust outside Thailand. Your life assurance must be from outside Thailand as it is ludicrously expensive in Thailand. That can form the bulk of the legacy to provide the annuity. If you can, stretch it to cover international schooling and the costs of foreign university fees. Not cheap I know.

I worried over this for a very long time and came to the conclusion that even leaving my child's mother with a large pot of gold was no guarantee that somehow and some way, she might not be conned out of it and my child would end up an uneducated pauper.

Define your objectives, cost them out, review managing your legacy and then seek legal advice.

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