Making A Will

[kenny999]

Does anyone know how much it costs to make a will here in Phuket, do you just go to a solicitor?

[Rico3000]

In many countries a holographic will is a legal document. It is a legal document in Thailand.

A holographic will is a will written entirely in your own hand and signed. It does not require a witness.

There is no need for a lawyer.

You can find more info on this subject here:-

http://thailand.angloinfo.com/countries/thailand/wills.asp

[kenny999]

In many countries a holographic will is a legal document. It is a legal document in Thailand.

A holographic will is a will written entirely in your own hand and signed. It does not require a witness.

There is no need for a lawyer.

You can find more info on this subject here:-

http://thailand.angl...iland/wills.asp

Thanks for the information I will have a look.

[thamuangfarang]

I would just like to add a comment about making sure you have a Will in your home country as well as for Thailand. If you have assets in another country (regardless of domicile) they will not be covered in your Thai Will. In addition, you must make sure that in each Will you make a reference to the other Will and, importantly, that either Will does not revoke the other. If you do not take care, both your Wills will be revoked and your Estates dealt with under the Intestacy Laws for each country. This is most likely to be completly different outcome from your original intentions and wishes. Your Thailand lawyer may overlook this, and it is a safe bet that people making their own Wills, with or without a Witness, will end up revoking their 'home' country Will as well.

Thailand law accepts 'Holograph Wills' without Witnesses. Also Thailand law does not require an application for Grant of Probate before the Will is put into action. Therefore, it makes more eminent sense to put matters beyond all doubt by making a valid Will with witnesses prepared by a competent solicitor. I can only confirm for England and Wales, but unless there are two witnesses to your Will, the Probate Registrar will declare you died Intestate.

Depending on the value of your Estate, you would also be wise to consider any Inheritance Tax charges. As far as England and Wales is concerned, you might have assets in Thailand (or any other country for that matter) and those assets may be distributed in your Thai Will, but as far as the England Estate value is concerned, your Thai assets are added to your English assets. If then the total net value of your 'English' Estate is in excess of £325,000 you are liable to pay Inheritance Tax at 40% on the excess. There are ways to mitigate the tax, for example you are allowed to transfer your assets to your spouse or civil partner and not incur IHT, but without a valid Will, you are constrained by the Intestacy Laws, again! (The Thai authorities do not charge Death Duties or Inheritance tax).

Do not assume that living with your partner (not being legally married) is a good option as far as your Will is concerned. The situation in England and Wales is that under these circumstances, your common law wife does not have a direct claim to your Estate. Under the Intestacy Law she gets nothing, except the possibility of a lengthy appeal through the courts proving she was a dependant.

Note that in England and Wales, marriage revokes a Will unless the Will makes specific reference to that marriage. Note also that until you receive a decree nisi, you are still legally married and your spouse has first claim on your Estate. If you are separated from your Thai wife (or any wife), you are advised to make a Will to ensure that your 'soon to be ex wife' is written out.

My opinion is that the cost of making a valid Wills in Thailand and your home country is easily offset by creating clear concise instructions that do not leave a mess for your beneficiaries to argue over. There is a lot to consider. Go to the experts. It's a no brainer!