Writing A Will In Thailand

[Spaniel]

I already have a will written in the USA that covers all my US assets. The only thing I have in Thailand in my name is my condo in Pattaya which I want to leave to my Thai/Am son who is 20 years old. Would I be better off just putting his name on the deed as a co-owner so when I die he would automaticly be the owner or just write a simple will naming him the benificery? If I write a will, and this is the only asset,f can I just write a simple will myself and have it witnessed to be legal? Must it be written in Thai?

[Spaniel]

Didn't get any replies first time around. Maybe better luck this time!

[chiangmaibruce]

hi spaniel. possibly no replies as there have been many prior threads on this topic ... though difficult to forum search on "will" to find them.

generally, i would go to google and type in "preparing a will in thailand". you will probably get a list of web sites for thai law firms, some of which have good free info about wills, divorces, etc etc.

general wisdom is to have a will in your home country and one in thailand, each one referencing the other but prepared accoring to the law of the country in question.

as in any country, you can prepare your own will ... and you may get it right OR you may open the door to the will being declared invalid or successfully challenged. your roll of the dice. of course a lousy lawyer will produce the same end result. your idea of just putting your son in as a co-owner seems a good first step, but a formal competent Will really crosses the T and dots the i's.

[scotsman]

I did the same my will was writen in English and in Thai with 2 witnesses and is perfectly leagal. I don't think there is much to it so how it can be challanged I don't know but you can spend a lot on a solicitor to do it. But I just did it myself after reading on how to word it on the internet and you can record it at the same office that you get married at.

Regards

Scotsman

[thamuangfarang]

Might be a bit late here, but I would just add to make sure you do not inadvertantly revoke your Will in your home country. Chiangmaibruce's comment to reference each Will is correct, but please make sure you do not revoke the earlier Will by stating in your latest Will that the new one revokes all previous Wills, in Thailand, US or planet zod. Some smart lawyer could pick on that or worse the Probate Registrar in whichever country, will state the earlier Will is invalid and declare that you died Intestate. In your case the US Will, which I assume is more important to you.

One further point is that Internet Wills meet certain needs, but if you have any circumstances slightly unusual, the DIY method is a direct route to creating a mess for your loved ones to sort out.

I am not an expert on the ownership of property in Thailand, but I would imagine there is a little bit of research to do on the terms of the ownership on the condo. If you own it outright (ie 100% ownership) then it is yours bequest as you please, but if there is joint ownership, I would check the contract to make sure what happens to your share when you die. You then can change the contract if required and make a formal Thai Will that directly relates to the contract. Your son should then inherit without a problem.

Any Thai person under 20 years old is a minor and under Thai law they cannot inherit. In your case this should be ok, but, for the record, if your beneficiary is under 20 you have to hope your Executor holds the property on your behalf until the minor reaches legal age. There is no concept of Trust Law in Thailand except the 'trust' you have in your executor. A much more tricky situation to deal with though.

Good luck. Remember; 'Heaven is no place for 20/20 hindsight!'

[GuestHouse]

I did the same my will was writen in English and in Thai with 2 witnesses and is perfectly leagal. I don't think there is much to it so how it can be challanged I don't know but you can spend a lot on a solicitor to do it. But I just did it myself after reading on how to word it on the internet and you can record it at the same office that you get married at.

Regards

Scotsman

The proof of wills is like the proof of a pudding, and you still with us so you will has not yet been put to the test.

When our wills are put to the test we are by definition not around to explain the details.

OP, your condo is presumably worth a significant amount of money, you want to be sure that your son gets it after your death - Spend a fraction of the value of your condo getting a will made with a reputable lawyer. I used Tilleke and Gibbins

What you should not do is simply put your son's name on the deeds as co-owner.

He'll presumably marry at sometime down the line and if the worst happened and he predeceased you it is not unlikely that his wife and her family become your co-owners. She, or her own family, might then want to release the capital from her asset - Half of your home.

Likewise, if your son ever gets into debt, or underwrites someone else's debt, then your home would be at risk if the debt is defaulted on.

So no, don't make him a co-owner, yes get a will, and get a reputable law firm to write it for you.

The costs in terms of the capital and the risks are minute.

Edited August 8, 2010 by GuestHouse

[LaoPo]

To the OP:

Maybe this could be of interest to you:

http://www.samuiforsale.com/index.php/inheritance-transfer-ownership-condominium-after-death.html

LaoPo