Legal Will

[WMHand]

I would like to know if anyone has had a will made out in Thailand and who with. My condo can't be in my U.S. will and I would like to get one made out here so the Thai Government doesn't get it.

Wilmar

[Mario2008]

More about wills in Thailand here: http://www.thailawonline.com/en/family/inheritance-and-wills.html

[Langsuan Man]

I had a standard Last Will and Testament with only one heir translated into Thai by a professional translating service (excluded any property or assets outside of Thailand)

Took the original in English and the original in Thai to the Amphur in Pattaya (Bamlamung) and two girls there kindly witnessed my signature, they recorded it in their book, sealed both copies, put it into records storage and gave me a receipt with reference number for my 20 THB fee

Required documents

1. Passport ID page copy (signed of course)

2. Medical Certificate to prove that I was of " Sound Body "

3. Bill or House book for proof of residence

4. Translated copy and English copy ( but be warned the Thai copy will take precedence, so use simple English terms )

In and out in less than a half hour

Did it that way since my partner doesn't trust lawyers

[JimGant]

Medical Certificate to prove that I was of " Sound Body "

They really required a medical certificate? Or did you just throw that in? ("sound mind," maybe makes sense. "Sound body," hey, that it ain't no longer sound is why most are writing/rewriting wills........)

[NancyL]

I've started to do some work on this topic, but need to get off my rump and finish the process. What I've learned so far should be enough motivation. Hubby and I didn't think we owned property here but we do have a joint bank account and each of us have separate accounts for the funds for our retirement visas. I talked to our bank manager and learned that in the event one of us died, our joint bank account would be frozen and the funds in the sole account of the deceased person wouldn't be available to the surviving spouse until our U.S. will had gone thru the Thai equivalent of probate. He said the fact it was a U.S. will would complicate matters because the will would need to be translated, verified and, in the event Hubby passed and I survived, they'd want to know that Hubby didn't have any children in Thailand (he better not!) If we had Thai wills, we could file copies with the bank and then it would be a simple matter of releasing the funds to the surviving spouse without waiting for the Thai courts to act.

Oh, I also talked with a westerner who had recently done a Thai will on his own, without a lawyer. He gave me details on which government office to visit, etc. As soon as I do this, I post the details. He did stress that the "medical" exam was necessary to show you're of "sound mind". Apparently Thais aren't used to seemingly healthy people wanting to file a will. Also, they suspect if someone is of a sound mind if they want to leave their estate to someone who is domestic partner, rather than a husband or wife.

[elektrified]

You don't need to spend money on a lawyer for a Will in Thailand. In fact there is a Thai Law Firm that offers the Thai Will form (in English) available as a free download from their website. I happened to see it one day when I was browsing for something. Should not be too complicated to find in google I would think.

[electau]

A bank account is an asset and everyone should make a will. Wills generally go for probate but this may not apply in Thailand. You should make/remake your will if you divorce or get married again.

I find the medical requirement rather strange "Of sound mind" clarification here is required.

And when you die you will require a death certificate before the will can be processed.

[Langsuan Man]

Medical Certificate to prove that I was of " Sound Body "

They really required a medical certificate? Or did you just throw that in? ("sound mind," maybe makes sense. "Sound body," hey, that it ain't no longer sound is why most are writing/rewriting wills........)

A bank account is an asset and everyone should make a will. Wills generally go for probate but this may not apply in Thailand. You should make/remake your will if you divorce or get married again.

I find the medical requirement rather strange "Of sound mind" clarification here is required.

And when you die you will require a death certificate before the will can be processed.

Yes the Medical Certificate is required to register the Will at the Amphur (at least in Bamlamung). The sound body part was tongue in cheek since most Wills start out with I __________________ being of sound mind and body do hereby state that this is my Last Will and Testament........

I really don't understand why regular TV members would find the requirement that surprising, since a Medical Certificate is required for a lot of things here in Thailand. A drivers license comes to mind, even though the Certificate has nothing to do with an eye exam and a 150 THB payment usually assures issuance without any kind of examination

As explained to me by the Amphur, the Medical Certificate is a check to insure that your are not being coerced or tricked into writing a will by those listed as heirs

A lawyer will cost you anywhere from 3,000 to 8,000 THB and he WILL NOT register it at the Amphur but will keep it on file in his office where he will have access to it.

My cost was 650 THB for the translation, 20 THB for the fee, and 150 THB for the Medical Certificate

Obviously the way I did it will not suit everyone, especially if children are involved or if one wanted to set up a trust, but for a simple Will I trust the Amphur more than a Thai lawyer who may or may not carry out my wishes upon my death

[elektrified]

Medical Certificate to prove that I was of " Sound Body "

They really required a medical certificate? Or did you just throw that in? ("sound mind," maybe makes sense. "Sound body," hey, that it ain't no longer sound is why most are writing/rewriting wills........)

A bank account is an asset and everyone should make a will. Wills generally go for probate but this may not apply in Thailand. You should make/remake your will if you divorce or get married again.

I find the medical requirement rather strange "Of sound mind" clarification here is required.

And when you die you will require a death certificate before the will can be processed.

Yes the Medical Certificate is required to register the Will at the Amphur (at least in Bamlamung). The sound body part was tongue in cheek since most Wills start out with I __________________ being of sound mind and body do hereby state that this is my Last Will and Testament........

I really don't understand why regular TV members would find the requirement that surprising, since a Medical Certificate is required for a lot of things here in Thailand. A drivers license comes to mind, even though the Certificate has nothing to do with an eye exam and a 150 THB payment usually assures issuance without any kind of examination

As explained to me by the Amphur, the Medical Certificate is a check to insure that your are not being coerced or tricked into writing a will by those listed as heirs

A lawyer will cost you anywhere from 3,000 to 8,000 THB and he WILL NOT register it at the Amphur but will keep it on file in his office where he will have access to it.

My cost was 650 THB for the translation, 20 THB for the fee, and 150 THB for the Medical Certificate

Obviously the way I did it will not suit everyone, especially if children are involved or if one wanted to set up a trust, but for a simple Will I trust the Amphur more than a Thai lawyer who may or may not carry out my wishes upon my death

I'm guessing you are an American when you refer to "Trust". To the best of my knowledge they are non-existent in Thailand.

[electau]

In Australia my will is with the Public trustee--safe and the original is in their possession.

In Thailand I would use the Amphur office.

[JohnC]

I wrote a small booklet last year on the subject of wills, funerals and repatriation including an example of a simple will and living will, the booklet is available at the Pattaya Expats Club for a donation of 40baht with all monies raised going to Thais for Life, attached is a copy of the example of the will I used.

Last Will.doc

[thamuangfarang]

Please make sure that your Thai Will does not revoke any other Wills you may have already prepared in your home country. There could be a case, although I am no lawyer, that the wording in your Thai Will stating you are making your 'last Will and testament' (see attachment on JohnC post) revokes all previous Wills you have made. This can be proved by the date on your Thai Will being more recent than the Will in your home country.

It is important, to put the matter beyond doubt, to add a clause to your latest Will to referring to your other Will(s), ie in your home country, and state that the latest Will does not revoke the former. To make absolutely sure you might add a codicil to your 'home' Will refering to your Thai Will, stating that your home Will does not revoke the Thai one.

A lot depends on clever lawyers, but we live a society where litigation is rife. Following simple rules will help your beneficiaries to inherit as you would wish. Especially at a time when they the last thing they need is an arguement over money.

I can imagine a situation with jealous relatives in your home country picking up on the fact that the Thai Will is dated later than your home country Will. Maybe then they could prove the home Will is invalid which puts the Estate into Intestacy. The new outcome will be very different from the one you intended. Just a thought.

[SM7WGP]

why make it complicated, if everything is in your wifes name and you trust her of course.

Why would you married her in the first place if not.

Then no problem with a will.

only a paper stated at you consulate who will take care of the remains if you die, free of charge

[uptheos]

why make it complicated, if everything is in your wifes name and you trust her of course.

Why would you married her in the first place if not.

Then no problem with a will.

only a paper stated at you consulate who will take care of the remains if you die, free of charge

What's in a wife's name, such as a house and maybe a car should indeed be your wife's if you die.

However, many people have other assets and money that they have acquired over a lifetime of working and perhaps they would like their relatives (other than the wife) to have a share, plus maybe some charities.

I see no reason why the wife, whom a person might only have known for a short time should get everything, unless that's what you want.

A house and car is OK for starters and you can always adjust as you go along.

[SM7WGP]

why make it complicated, if everything is in your wifes name and you trust her of course.

Why would you married her in the first place if not.

Then no problem with a will.

only a paper stated at you consulate who will take care of the remains if you die, free of charge

What's in a wife's name, such as a house and maybe a car should indeed be your wife's if you die.

However, many people have other assets and money that they have acquired over a lifetime of working and perhaps they would like their relatives (other than the wife) to have a share, plus maybe some charities.

I see no reason why the wife, whom a person might only have known for a short time should get everything, unless that's what you want.

A house and car is OK for starters and you can always adjust as you go along.

well i would not say that I met my wife a short wile ago its been 32 years now so why should she not own everything.

I mean relatives and charities is a no no

[cardinalblue]

why make it complicated, if everything is in your wifes name and you trust her of course.

Why would you married her in the first place if not.

Then no problem with a will.

only a paper stated at you consulate who will take care of the remains if you die, free of charge

What's in a wife's name, such as a house and maybe a car should indeed be your wife's if you die.

However, many people have other assets and money that they have acquired over a lifetime of working and perhaps they would like their relatives (other than the wife) to have a share, plus maybe some charities.

I see no reason why the wife, whom a person might only have known for a short time should get everything, unless that's what you want.

A house and car is OK for starters and you can always adjust as you go along.

well i would not say that I met my wife a short wile ago its been 32 years now so why should she not own everything.

I mean relatives and charities is a no no

"Blood is thicker than water" and it doesn't have to some charity. It could be a foundation like the Gates Foundation or a long-standing university which should/would have shaped that individual more than any one person...

To each his own but it's a wiser decesion (only a few really see the big picture) to leave money where it will help many or a good cause rather than selfish personal comsumption

CB

[thamuangfarang]

At the end of the day it boils down to personal choice, and if you are happy with your decisions and choices that is ok.

There are many cases where the 'personal choice' has back fired, and, for the sake of forethought and planning, a contentious situation could have been avoided.

SM7WGP circumstances may not require a more formal Will. Only he can decide, but for many more people the advice to prepare a valid Will remains, especially if they have assets in their domiciled country.

[uptheos]

why make it complicated, if everything is in your wifes name and you trust her of course.

Why would you married her in the first place if not.

Then no problem with a will.

only a paper stated at you consulate who will take care of the remains if you die, free of charge

What's in a wife's name, such as a house and maybe a car should indeed be your wife's if you die.

However, many people have other assets and money that they have acquired over a lifetime of working and perhaps they would like their relatives (other than the wife) to have a share, plus maybe some charities.

I see no reason why the wife, whom a person might only have known for a short time should get everything, unless that's what you want.

A house and car is OK for starters and you can always adjust as you go along.

well i would not say that I met my wife a short wile ago its been 32 years now so why should she not own everything.

I mean relatives and charities is a no no

UP2U and congratulations on 32 years of marriage.

Some people like their relatives and want to help charities that might have helped them.

[NancyL]

SM7WGP, what if you and your wife should go at the same time, in a tragic accident? A Will would address that situation. Also, are any of your accounts held jointly? Our local bank manager really shook me up when he said that my husband's and my joint bank account would be frozen upon his death while the Thai courts sort out the situation if we didn't have a Thai Will. Of course, the Thai courts don't do this overnight!

[Mapguy]

The summary (Post #2) is quite good. It notes that it is smart to write a will for the disposition of property in national domicile of origin as well as for Thailand. Write two wills. Just make sure they are not in conflict.

It does not comment about trusts, however. [http://integrity-legal.com/legal-blog/thailand-business/are-trusts-recognized-under-thai-law/ ]. I have been advised that under the Thai Civil and Commercial Code, mention of a trust in a Thai will, regardless of location of the trust, will invalidate the Thai will.

Another good reference every foreigner should have is Becker and Thongkaew, Thai Law for Foreigners, Paiboon Publishing, 2008. It is available at Suriwong.

The Thai Civil and Commercial Code is on the internet. One source re succession:

http://www.thailandlawonline.com/inheritance_law.html.

Re a practical matter, I have been informed that it takes about six weeks to probate a will in Chiang Mai.

[elektrified]

SM7WGP, what if you and your wife should go at the same time, in a tragic accident?...

Not to be negative but I was thinking the same thing. Then your relatives would have to travel to Thailand and make a claim. My guess is that when one dies without a Will in Thailand, the assets held here are raped by the government; i.e. Probate taxes, government legal fees, Administration fees, court costs, etc., etc. Like in any country when one dies without a Will (intestate), its a green light for the government of that Country to help themselves to the assets.

[thamuangfarang]

In response to Mapguy;

Trusts as such are not recognised in Thai law. If you want to leave property to a person under 20 years old, you have to relie on the Estate Executor to hold the property or invest the money on his behalf. Effectively you could say this is 'trust', but as far as I can ascertain there is no legislation to protect the Testator or Beneficiary. In other words there is nothing stopping the Executor doing a runner. In England and Wales legislation protects the Trustee and Testator as well as the Beneficiary, and the Probate court makes sure the Trustee does not disappear. I have not seen any reference to a 'Trust' revoking a Thai Will.

In response to Elektrified:

If SM7WGP died in the same accident as his spouse, his estate would pass to his spouse. However because she has died as well, unless she has made a Will, she dies Intestate and under Thai law her children would inherit, if there no children or grandchildren the Intestacy pecking order would be followed. This might be ok for many people, but for some it might not be. Again - your choice.

However, if SM7WGP put a survivorship clause in his Will (eg if my wife survives me by 30 days she inherits) he can then state who the beneficiary is, if his wife does not survive the 30 days. This could be as you suggest, the family relatives living abroad or whoever. This should hold up in court. There are no probate taxes, death duties or inheritance tax to pay in Thailand. I do not know about court fees, admin fees.

I disagree with your last comment about any government helping themselves. My view is that the Intestacy laws are just about as fair as you get, if the deceased could not be bothered to make a Will. In England, at least the Probate office make every attempt to locate living relatives, and once they have tried there are more than 30 'heir finder' companies feeding like vultures every Thursday morning on the weekly list published by the Court listing people who have died Intestate - 300,000 last year in the UK alone! Astonishing.

[Spaniel]

Lots of good info. I have a will which covers all my assets in the USA. Here in Thailand the only thing I have is a condo in Pattaya an a account at Bangkok Bank. I would like to leave the condo to my now 20 year old son and the account to my Thai wife. Can I just write out a simple will saying I leave the condo to my son and the bank account to my wife? Then have it witnessed by two people a does it need to be translated into Thai? Must it be registered at the amphur? Do I really need a lawyer to make up such a simple document? Trying to keep it simple and legal.

[NancyL]

Spaniel, Hubby and I got our Thai Wills thru the amphur office a couple months ago. The process we used would seem to apply for you, although the requirements might be different in Pattaya. You might want to check in on their forum for specifics. Here's what we did in Chiang Mai:

http://www.thaivisa...._1#entry3846212

The title of my thread is "Where There's a Will There's a Way Experience in Obtaining Thai Wills" posted August 27, 2010 In case the above link doesn't work and you have to use the search function instead.

Edited November 5, 2010 by NancyL

[Asmerom]

http://www.thaivisa...._1#entry3846212

The title of my thread is "Where There's a Will There's a Way Experience in Obtaining Thai Wills" posted August 27, 2010 In case the above link doesn't work and you have to use the search function instead.

I've just studied your most informative and helpful post and since no one else has raised the issue, feel rather more foolish than usual, and apologise for still not quite understanding how and when you "made a will" - I mean the actual piece of paper on which the will is written. Is there a will form which Jazz gave to you? Do you fill it in at the office? Or do you, as you seem to be saying, sit down with her,discuss what you wish to say in the will and then she goes away and writes it up herself? On a form, which you then sign ,with witnesses?

In your account , after all the documents are perused by Jazz and the supervisor, you say, "The original Wills were handed to us in sealed, stamped envelopes". They seem to just suddenly appear with no explanation of what exactly they are - typed or handwritten, by yourselves or Jazz, special forms or plain paper?

This question seems to confuse no one but me, so having described in great detail the labour pains of delivering a will I'm hoping you'll take pity on me, and throw light on the very moment of its birth.

[NancyL]

Asmeron, your questions are entirely reasonable. Basically, Jazz has a "fill in the blank" form on her computer and she needs info like your name and address (from the cert of residency), passport number, and itemized list of your assets. In our case it was just the BKK bank accts so she needed a copy of the first page of our bankbooks. She input all this into the form on her computer and turned out a printed document which she carefully checked with us. Her supervisor also checked the document VERY carefully looking over the original bankbooks (just the first page -- he wasn't so nosy as to see our current balance), passport and visa pages, etc.

It helps that I can read Thai so I read our wills aloud with to Jazz with my precise Thai pronouncation (not!) and also translated into English, which I don't think she understood.

After Jazz and her supervisor were convinced that we understood everything and that the document was correct, she printed the final versions, we signed, a couple witness signed and she applied all the appropriate stamps, seals and ribbons. We received copies, the amphur kept a copy to file and we were given the originals in sealed envelopes with instructions not to open unless someone died and then they should be opened in front an appropriate witness. In our case that would be the bank manager since the bank accounts are our only Thai assets.

The final product looked very much like those "fill in the blank" Will forms you can buy at office supply stores in the U.S., but a little more professional. It didn't look as grand as the one from our U.S. lawyer, but it was much cheaper to produce!

Edited November 5, 2010 by NancyL

[Asmerom]

Asmeron, your questions are entirely reasonable. Basically, Jazz has a "fill in the blank" form on her computer and she needs info like your name and address (from the cert of residency), passport number, and itemized list of your assets. In our case it was just the BKK bank accts so she needed a copy of the first page of our bankbooks. She input all this into the form on her computer and turned out a printed document which she carefully checked with us. Her supervisor also checked the document VERY carefully looking over the original bankbooks (just the first page -- he wasn't so nosy as to see our current balance), passport and visa pages, etc.

It helps that I can read Thai so I read our wills aloud with to Jazz with my precise Thai pronouncation (not!) and also translated into English, which I don't think she understood.

After Jazz and her supervisor were convinced that we understood everything and that the document was correct, she printed the final versions, we signed, a couple witness signed and she applied all the appropriate stamps, seals and ribbons. We received copies, the amphur kept a copy to file and we were given the originals in sealed envelopes with instructions not to open unless someone died and then they should be opened in front an appropriate witness. In our case that would be the bank manager since the bank accounts are our only Thai assets.

Nancy, I do appreciate your patiently taking the time and trouble to answer my query in such detail and am happy to say you've entirely cleared up that one small puzzling technicality in your otherwise comprehensive review of the whole pocess of Thai will making.

The will is a document produced on the computer at the Amphur which is completed by Jazz questioning you about your circumstances and your wishes as to the disposal of your assets. She then prints a draft copy,you read it, any amendments are made and after everyone is satisfied that you understand its contents the document (or rather, the will, as it now is) is printed in its final form to be signed witnessed,sealed and delivered. Simple, perfect, fully understood. Maybe I lack imagination as I do seem to need things spelled out in simple literal terms.

I sincerely wish your wills may rest in peace, seals unbroken, ribbons untied, in Amphur safes and Bank vaults for many fruitful years to come.

Thanks,

[scorecard]

I've started to do some work on this topic, but need to get off my rump and finish the process. What I've learned so far should be enough motivation. Hubby and I didn't think we owned property here but we do have a joint bank account and each of us have separate accounts for the funds for our retirement visas. I talked to our bank manager and learned that in the event one of us died, our joint bank account would be frozen and the funds in the sole account of the deceased person wouldn't be available to the surviving spouse until our U.S. will had gone thru the Thai equivalent of probate. He said the fact it was a U.S. will would complicate matters because the will would need to be translated, verified and, in the event Hubby passed and I survived, they'd want to know that Hubby didn't have any children in Thailand (he better not!) If we had Thai wills, we could file copies with the bank and then it would be a simple matter of releasing the funds to the surviving spouse without waiting for the Thai courts to act.

Oh, I also talked with a westerner who had recently done a Thai will on his own, without a lawyer. He gave me details on which government office to visit, etc. As soon as I do this, I post the details. He did stress that the "medical" exam was necessary to show you're of "sound mind". Apparently Thais aren't used to seemingly healthy people wanting to file a will. Also, they suspect if someone is of a sound mind if they want to leave their estate to someone who is domestic partner, rather than a husband or wife.

Dear NancyL,

I've cut ans paste part of your text:

"...... I talked to our bank manager and learned that in the event one of us died, our joint bank account would be frozen and the funds in the sole account of the deceased person wouldn't be available to the surviving spouse until our U.S. will had gone thru the Thai equivalent of probate. ......"

I've ben trying to get my affiars into a very simeple picture so that my heir (Thai son) doesn't have too much complication to deal with when I die and also to try to get to a situation where he can can have immediate access to the money in the picture. So I offer these two comments:

1. Three bank managers (all UOB, two I know very well, they are professionals, always very careful what they say, speak perfect English, always careful that there are no misunderstandings from my questions, etc.) have advised me that if there is a joint account then the death of one party does not effect the right of the other party to use the bank account in any way. As I said, all are from UOB bank, maybe other banks are giving different advice.

2. I asked my Thai lawyer about this to be very sure, I've known the lawyer and used his services for nearly twenty years, he speaks perfect English and he's a professional in every way. His advice was:

2.a. The advice from the bank managers is correct.

2.b. If there is a need for prbate of a will made in Thailand then probate of a will in another country is beside the point / not considered in the process of granting probate of the Thai made will.

[NancyL]

Scorecard, you and I have the same understanding about the impact of of foreign Will on the need to probate a Thai Will (your point #2a).

However, my understanding of the freezing of joint accounts differs from yours. We're using Bangkok Bank and while the manager doesn't speak "perfect" English, it's very good and I asked basically the same question several different ways. If you do not have a Thai Will then BKK Bank will freeze the joint accounts because (as the bank manager said), they can't assume that the survivor is the only heir, nor can they assume that the deceased owned 50% of a joint account. If you have a Thai Will, then it's no problem to release the funds in a joint account, immediately, if the account is listed on the Thai Will with the joint holder as the heir for that account.

The "take away" I got from our meetings on this subject (I had two with the manager), was that we better get in gear and create Thai Wills to make life more convenient for the survivor if one of us dies. You can't count on joint ownership of an account as the only mechanism to insure that the survivor will have immediate access to all the funds.

On a side note -- after we executed the Wills, Hubby asked the bank manager how the bank would know if someone died and their joint accounts needed to be frozen. His reply was to point out that our social circles overlap and he'd probably hear about the death of one of us within a day or two of it happening. Otherwise, there isn't a formal system in place to notify banks of deaths of their account holders. So, in theory, the survivor could go and clean out a joint account immediately upon the death of the other party, but I don't think it's good to rely simply on this disconnect in the Thai business system. The survivor might be hospitalized, out of the country, or otherwise unable to go clean out a joint account upon the death of the other party.

Edited November 6, 2010 by NancyL

[scorecard]

Scorecard, you and I have the same understanding about the impact of of foreign Will on the need to probate a Thai Will (your point #2a).

However, my understanding of the freezing of joint accounts differs from yours. We're using Bangkok Bank and while the manager doesn't speak "perfect" English, it's very good and I asked basically the same question several different ways. If you do not have a Thai Will then BKK Bank will freeze the joint accounts because (as the bank manager said), they can't assume that the survivor is the only heir, nor can they assume that the deceased owned 50% of a joint account. If you have a Thai Will, then it's no problem to release the funds in a joint account, immediately, if the account is listed on the Thai Will with the joint holder as the heir for that account.

The "take away" I got from our meetings on this subject (I had two with the manager), was that we better get in gear and create Thai Wills to make life more convenient for the survivor if one of us dies. You can't count on joint ownership of an account as the only mechanism to insure that the survivor will have immediate access to all the funds.

On a side note -- after we executed the Wills, Hubby asked the bank manager how the bank would know if someone died and their joint accounts needed to be frozen. His reply was to point out that our social circles overlap and he'd probably hear about the death of one of us within a day or two of it happening. Otherwise, there isn't a formal system in place to notify banks of deaths of their account holders. So, in theory, the survivor could go and clean out a joint account immediately upon the death of the other party, but I don't think it's good to rely simply on this disconnect in the Thai business system. The survivor might be hospitalized, out of the country, or otherwise unable to go clean out a joint account upon the death of the other party.

Dear NancL,

Thanks for sharing and I make two further points:

1. Re the last part of your post - If the two people who are joint signatories to a bank account (joint in this sense meaning either party can sign without the bank making any form of contact with the other party) do not trust each other then they should not be using the joint account method.

2. I just called my bank manager (large branch where I do a lot business, and the manager is well experienced and always checks things very carefully). I asked him about your comments re the bank holding a will etc. He said "I'm sure this is irrelevant but let me call another manager and check".

He called back just a few minutes ago. His answer is that it is absolutely not the business of the bank to be holding wills in some form of connection to the operation of joint bank accounts. Further, the bank manager has no way of knowing whether the will he/she is holding is the most recent will, will has been cancelled etc.

Further, if there was indeed some operational requirement / facility / option that the bank manager hold a will, then given the general operation of Thai law then the bank manager should not be taking any action until the Thai will has been probated by the appropriate Thai court and the manager can attached a copy of the probate document to the file.

Further, operation of bank accounts should be strictly by the appropriate laws and regulations of the Bank of Thailand and not ever be tangled with personal relationships with customers, and further; what if the bank manager was transferred, left the bank, was killed in an accident? Back to the point, accounts should be operated specifically by the appropriate and comprehensive regulations of the Bank of Thailand.

Further, I asked my bank manager to explain again what a 'joint account' means. He reiterated, 'it means that either party can sign, no requirement for the bank to contact the second party to sign anything, no need for the bank to contact the second party, in fact, for a joint account it would be highly inappropriate for the bank to contact the second party. So I continued, 'but what if one party dies?' His answer, 'makes no difference, joint account means that either party can sign'.

Not trying to just be critcial or smart, but this subject is highly important and needs to be checked very thoroughly, and I too want to sure that the actions I am taking are taken on totally correct advise and when the day happens there are no loopholes pop out. The consequences, if the advice is not correct, could be frightening and highly distressing.

Edited November 6, 2010 by scorecard