LTR Health Insurance : Self-insurance with US$100,000 Bank Deposit

[tjansen]

Hello,

I am a US citizen living in Thailand on a retirement extension. I want to make a simple will for the US and also a similar will in Thailand. It would be to distribute my assets to my heirs and also have instructions for disposing of my body when I die. The US embassy told me I should make a will in Thailand for that part.

Is there something comparable to a Notary (US) in Thailand where I could go to witness the document that I write? Any other suggestions? I will probably want to also do a living will with instructions on extraordinary medical care in the case of terminal illness. Any help in that category?

Thanks in advance for the help.

By the way, my heirs live in the US.

[longball53098]

A will only needs two people to witness you signing the will and they can literally be anyone. I would choose to have those people English speaking but this is not necessary. They do not read the will only that they witnessed you signing it in their presence..

[farangene]

You might consider having a Medical doctor as one of the witnesses and attach a document to attest to your rationale state of mind. A Thai friend's mother was told that by her lawyer and seems a good piece of advice to avoid any future problems in case of old age dementia, etc.

I think I was told that the US embassy will notarize any English-written document you want notarized. You might search the TV forums and see if are reports on this or inquire at the Embassy.

[ProThaiExpat]

Longball... is spot on. Well drafted wills include a statement that the testator is of sound mind and body and if the testator drafts the will himself, no doubt. When the testator declares to his witnesses, usually people he knows and know him, that "this is my last will and testament" they are witnesses to his signature but also to his state of mind as evidenced by his declaration. Thus using people who know you is just a good idea.

[Kf6vci]

When my laste mother was in CA, we went to a notary. Wills cannot by law get notasrized, we were told. But office staff helped and it was done. Just bear this in mind, please and make that call to the embassy's helpful ACS.

It might help getting both, an American and a local with both bringing their passports, as this is important, document them as well.

In Germany, you can file a will with a goverrnment notary and there are many solutions in other countries as well. In the U.s., you can file your instructions with banks for example.

Probate can be a mess and take many years.

Chris

[taxout]

You will probably want your will to qualify as a valid will under the Uniform International Wills Act adopted by many states.

To qualify under the Act, you and your witnesses do have to head over to the US embassy and sign before a consular officer, who will certify that the will was executed as required by the Act.

The lawyer who drafts your will -- you're not going to do this yourself, are you -- can fill you in on the details.

[jazzbo]

from US Embassy Bangkok Website:

Witnesses

A notarizing officer may not act as an attesting witness to the execution of an instrument in connection with any private party matter, such as powers of attorney, wills, or contracts. If a document needs witnessing, the person requesting the notarial service must provide the witness(es).

[tjansen]

Thanks to everyone for this very helpful advice. It sounds like it will be worth paying an attorney--maybe one in each country--to help get it right with the least hassle.

Tom

[taxout]

Let me correct that. It turns out that the treaty to implement the International Wills Act has been signed but not ratified by the US, so the State Department does not permit consular officers to execute the certificate under the Act.

They can notarize affidavits made by the testator and the witnesses for a self-proving will, however. See 7 FAM 843.2:

http://www.state.gov/documents/organization/86733.pdf

[BEENTHEREDONETHAT]

Had a will when living in Australia, so had it translated into Thai and witnessed by two American friends. No attorney involved.

[Dah fahrang]

Your local amphur will act as witness/notary, if the will is written in Thai language, and the beneficiaries are Thai.

My wife had a will drawn up (by the amphur based on her instructions) and they witnessed and attested and fixed the local amphur seal.

The amphur kept a copy, my wife has the other copy.

Can't remember the fee, but not expensive. The staff were very helpful, though a little surprised, as not many Thai like to make a will, believing it tempts death.

[nakachalet]

a few months ago, i needed a few u.s. doc signed and notorized.

the american consulate in bkk provided that all important signed and sealed stuff.

if i remembered correctly, the price was around 100 usd per doc....

both the thai and american staff were very helpful and it did not take long either.

but the waiting period at the cubicle was a little longer..... LOL

[harrry]

Your local amphur will act as witness/notary, if the will is written in Thai language, and the beneficiaries are Thai.

My wife had a will drawn up (by the amphur based on her instructions) and they witnessed and attested and fixed the local amphur seal.

The amphur kept a copy, my wife has the other copy.

Can't remember the fee, but not expensive. The staff were very helpful, though a little surprised, as not many Thai like to make a will, believing it tempts death.

Not all amphurs are so helpful..At Chiangmai they refused to do it unless I had

1 A certificate of residence from the Immigration

2 Passport

3 THe ID Card AND the house registration certificate of all people mentioned in the will

4 A certificate from a doctor

5 The Blue book of all vehicles.

6 The bank account books of all the bankaccounts I have

7 Letters from the bank regarding all bank accounts.

This was a very simple will just leaving all my assets to my partner in case of my death.

It was obvious that they do not want Thais to recieve money from farangs.

Edited January 19, 2010 by harrry

[tjansen]

Th

Your local amphur will act as witness/notary, if the will is written in Thai language, and the beneficiaries are Thai.

My wife had a will drawn up (by the amphur based on her instructions) and they witnessed and attested and fixed the local amphur seal.

The amphur kept a copy, my wife has the other copy.

Can't remember the fee, but not expensive. The staff were very helpful, though a little surprised, as not many Thai like to make a will, believing it tempts death.

Not all amphurs are so helpful..At Chiangmai they refused to do it unless I had

1 A certificate of residence from the Immigration

2 Passport

3 THe ID Card AND the house registration certificate of all people mentioned in the will

4 A certificate from a doctor

5 The Blue book of all vehicles.

6 The bank account books of all the bankaccounts I have

7 Letters from the bank regarding all bank accounts.

This was a very simple will just leaving all my assets to my partner in case of my death.

It was obvious that they do not want Thais to recieve money from farangs.

Thanks again for everyone's help on this.