Will Advice

[BlackJack]

8 hours ago, hotandsticky said:

That is good news ????.

 

It wouldn’t be your problem anyway………if your missus was happy with what she heard/read then she would have to deal with any issues after your demise ????

its not until you get to court for probate that you realise the translation is wrong - 

 

[Kwasaki]

1 hour ago, BlackJack said:

its not until you get to court for probate that you realise the translation is wrong - 

 

A lady in our village who's husband was from Norway didn't have to go go court when he died, he left a Will with his wife and she got access to all his money as he requested.

 

Nothing to do with translation as long as the main points of the Wil written in English are understood in the written translated Thai.

Edited June 2, 2023 by Kwasaki

[hotandsticky]

1 hour ago, BlackJack said:

its not until you get to court for probate that you realise the translation is wrong - 

 

Exactly.

 

In the case in question the wife/beneficiary would no doubt be happy to deal with any issues because “The translation was understood by my Mrs and the local govt Anfur office and stamped accordingly.”

[hotandsticky]

27 minutes ago, Kwasaki said:

A lady in our village who's husband was from Norway didn't have to go go court when he died, he left a Will with his wife and she got access to all his money as he requested.

 

Nothing to do with translation as long as the main points of the Wil written in English are understood in the written translated Thai.

That seems less likely to be the case these days (Blackjack may confirm or not) and is down to each individual bank. Just bowling up with the Will and death certificate is unlikely to cut it. As in the West, a Will needs to be ‘proved’ to become effective - that can only be achieved in a local court.

[Kwasaki]

10 minutes ago, hotandsticky said:

That seems less likely to be the case these days (Blackjack may confirm or not) and is down to each individual bank. Just bowling up with the Will and death certificate is unlikely to cut it. As in the West, a Will needs to be ‘proved’ to become effective - that can only be achieved in a local court.

My Mrs hasn't approached the bank yet as the Will and the translation of the Will has only just recently be approved by the local Anfur.

 

What happens in UK as we all know is not necessarily the same as in Thailand.

 

Will be going main bank branch next week sometime I will report back their response.

[hotandsticky]

8 minutes ago, Kwasaki said:

My Mrs hasn't approached the bank yet as the Will and the translation of the Will has only just recently be approved by the local Anfur.

 

What happens in UK as we all know is not necessarily the same as in Thailand.

 

Will be going main bank branch next week sometime I will report back their response.

What happens (legally) in the U.K. is very similar to what happens in Thailand.

 

Taking anything to the bank now is pointless! Take it to two different bank staff you will likely get two different answers. Once you are dead is when what the bank says matters. 
 

I applaud the preparations you are making; we all want to see our loved one’s taken care of, and our wishes carried out. The comments you are getting are intended to help you understand what is likely to happen ‘on the ground’. In Thailand that can vary from place to place but it is most likely that your missus will need to obtain probate from the court before being able to access your funds. Many expats operate on a practical level and ensure their widows have access to an ATM card and PIN number……or internet banking access. Not entirely legal but it saves court fees.

 

 

[Kwasaki]

14 minutes ago, hotandsticky said:

What happens (legally) in the U.K. is very similar to what happens in Thailand.

 

Taking anything to the bank now is pointless! Take it to two different bank staff you will likely get two different answers. Once you are dead is when what the bank says matters. 
 

I applaud the preparations you are making; we all want to see our loved one’s taken care of, and our wishes carried out. The comments you are getting are intended to help you understand what is likely to happen ‘on the ground’. In Thailand that can vary from place to place but it is most likely that your missus will need to obtain probate from the court before being able to access your funds. Many expats operate on a practical level and ensure their widows have access to an ATM card and PIN number……or internet banking access. Not entirely legal but it saves court fees.

 

 

I'm beginning to think what's the point of a Will. ????

My Mrs knows the manager of the bank so as I said I report bank what she says.

 

It was immigration that mess things up wanted the visa money in my name only some many years back instead of in our joint account.

[Kwasaki]

23 hours ago, hotandsticky said:

Many expats operate on a practical level and ensure their widows have access to an ATM card and PIN number……or internet banking access. Not entirely legal but it saves court fees.

Mrs spoke to bank manager and she said you have the Will and named in the Will as the sole beneficiary and it has been approved by local govt.

 

The joint account you can withdraw from and if you have the pin and ATM card of your husbands account you can withdraw and empty that, we don't need to know whether he has died.

 

As for UK on-line account they no need to know either my daughter in UK has all the details to access that to transfer any funds to her step Ma in Thailand.

 

So all set.

[hotandsticky]

3 hours ago, Kwasaki said:

Mrs spoke to bank manager and she said you have the Will and named in the Will as the sole beneficiary and it has been approved by local govt.

 

The joint account you can withdraw from and if you have the pin and ATM card of your husbands account you can withdraw and empty that, we don't need to know whether he has died.

 

As for UK on-line account they no need to know either my daughter in UK has all the details to access that to transfer any funds to her step Ma in Thailand.

 

So all set.

That is good, especially from a practical standpoint.

 

Be aware that all mandates cease on death. Withdrawals from a sole account would not be legal - but extremely practical.

 

Another party to a joint account is entitled to the funds on the basis of survivorship.....I am slightly surprised that they don't want to hear about the death...... obviously this joint account is 'either to sign'.

 

 

[Kwasaki]

36 minutes ago, hotandsticky said:

That is good, especially from a practical standpoint.

 

Be aware that all mandates cease on death. Withdrawals from a sole account would not be legal - but extremely practical.

 

Another party to a joint account is entitled to the funds on the basis of survivorship.....I am slightly surprised that they don't want to hear about the death...... obviously this joint account is 'either to sign'.

 

 

From what I can gather is my wife takes all the money and empties the account, and just leave it empty.

 

The joint account once empty can just do the same.

 

There is nothing else with my name on it, all motors and bikes are in her name.

 

My uk daughter will sort the UK bank stuff and empty that to.

[hotandsticky]

4 hours ago, Kwasaki said:

From what I can gather is my wife takes all the money and empties the account, and just leave it empty.

 

The joint account once empty can just do the same.

 

There is nothing else with my name on it, all motors and bikes are in her name.

 

My uk daughter will sort the UK bank stuff and empty that to.

Just a quick word of advice on your missus emptying your bank account - and I am not trying to teach grandmother to suck eggs - make sure that she knows to keep to daily limits; once the ATM card is retained the plan is over. Take with the pin number and withdraw, say, 30k every day - or every other day. 

[Kwasaki]

11 hours ago, hotandsticky said:

Just a quick word of advice on your missus emptying your bank account - and I am not trying to teach grandmother to suck eggs - make sure that she knows to keep to daily limits; once the ATM card is retained the plan is over. Take with the pin number and withdraw, say, 30k every day - or every other day. 

Yeah thanks, we have already discussed the importance of emptying my account.

Changing the account from a bank book only investment account to a ATM card account was the reason for my Mrs to be able to do that.

[BlackJack]

The Amphur does not guarantee the content of any Will translated of not. The court, Land Office, Banks scrutinize the Will for any anomaly that could get them sued later.

 

Without knowing the woman or the situation where the bank gave the money to the beneficiary it is impossible to say. Small amounts , maybe the bank said ok and this amount is normally 100K and less

 

I dont care if people make a Will or not as I have plenty of work and more coming.

 

It is not until the Will is actioned that the problems arise. What I try to do is educate people through talks and our blogs that as a foreigner in Thailand listening to the advice of the partner is not always in your best interest as the education system and level of comprehension of Thais is not high. This is not being disrespectful but I see it every day. There is a right and wrong way to secure your partners future and their kids future so do it right.

[JGV]

I recently went to Banglamung Amphur as I wrongly believed that they could assist in depositing my will and confirming what documents would be needed for my Thai partner to access my funds after my demise- The will has a Thai translation done by an officer in Thai Navy and the person at desk just said the office doesn't deal with farang wills only Thai and wasn't interested in a continued discussion

I have heard about joint bank accounts and a ATM card as an alternative but I guess the partner would be acting illegally if withdrawing just after death - withdrawing just before death - in need of advice that will work - I am not currently sick and hope to live for a long time but my girlfriends position with regard to receiving my money which is my intention apears to be not straightforward here in Thailand  - Advice Black Jack please

[jacko45k]

16 hours ago, JGV said:

 Advice Black Jack please

I have not used them myself but this name comes up a lot discussing wills etc for foreigners in Thailad

Thai888 Law

[BlackJack]

6 hours ago, jacko45k said:

I have not used them myself but this name comes up a lot discussing wills etc for foreigners in Thailad

Thai888 Law

they won the top award for best Will writing and probate law in 2021, 2022, 2023. Also the top award in 2021, 2022 for the most innovative company in Sth East Asia.  They must be doing something right.

[BlackJack]

23 hours ago, JGV said:

I recently went to Banglamung Amphur as I wrongly believed that they could assist in depositing my will and confirming what documents would be needed for my Thai partner to access my funds after my demise- The will has a Thai translation done by an officer in Thai Navy and the person at desk just said the office doesn't deal with farang wills only Thai and wasn't interested in a continued discussion

I have heard about joint bank accounts and a ATM card as an alternative but I guess the partner would be acting illegally if withdrawing just after death - withdrawing just before death - in need of advice that will work - I am not currently sick and hope to live for a long time but my girlfriends position with regard to receiving my money which is my intention apears to be not straightforward here in Thailand  - Advice Black Jack please

better PM me as there are ways to safeguard everything.  The Executor is the power player. The Beneficiarys can if named in the Will use the money for certain things like pay the hospital to release the body etc. Mostly it all goes to court as no one knows the future and what assets you will hold. Everything changes over the course of life. even wife's and GFs change. There are ways to write a Will that has fail safes written in as not only the tests dies but Beneficiarys  and Executors. for convenience to the court Wills will eventually need to be translated.  Storing a Will yes this can be done. Undoing overseas assets can be done but be careful as every country is a jurisdiction with its own laws, so include this as well. 

[BlackJack]

a foundation is being set up that can look after your kids future needs.  This vehicle may also assist in future age care for you and you family. Tax maybe minimized and assets out of the reach of international probate and jurisdiction issues

[fgmr]

All posts are dated 2011, any recent posts on this topic?

[Mike Lister]

4 minutes ago, fgmr said:

All posts are dated 2011, any recent posts on this topic?

There hasn't been any material change to the law regarding wills but without reading the entire thread and knowing what interests you in particular, it's difficult to know what to tell you. The best advice is still to write a separate will, in English, one for each of the countries where you have assets and to name an Executor for each.

[PAWNEESE]

Yesterday I signed/completed my Will using a law firm called OHM. They are in Naklua. Easy-ish to find as they are in the BOLT App and on internet.

 

Well ..you can get close to the correct place ... but they have no sign saying OHM. It is confusing. But if you see a shop front saying visa appllications etc done .. that will be them.

 

(I thought OHM was the initials of the company but it is the name or nickname of the owner .. but OHM Naklua search will find them .. they have a different name too but I will leave that there)

 

Mine was a very simple Will. No property .. just cash in bank and some valueable  personal effects

 

They charged 5,000 baht and in the future will charge my son 30,000 to be executers to get the cash from the bank for him.

 

As there is a fair amount of money in my bank it would be crazy not to do a Will and let Kasikorn have it and I was happy with OHM's charge / future charge.

 

They are very helpful, friendly and efficient in person. 

 

One strange-ish thing they told me was about why they put my copy (and did same thing to their copy) of the Will in an envelope which was sealed up with substantial tape and the seal signed many times by me.

 

It is because if the beneficiaries see the will it is void by Thai Law. I was going to send my son a copy but hey ho. I better not. Just told him I have done a will and joked it was going to be donated to a retirement home for ex Go Go dancers.

 

The envelope has a huge label in Thai which says I assume,  it is my Will and only to be open by authorised legal type people.

 

So there you go ... 

[PAWNEESE]

I believe a Will in Thailand has to be in Thai to be legal / be of any use.

 

My Will is in Thai and the lawyers provide a copy of the draft in English.

 

(One post immediately above suggested a Will in English would do .. I have read that it wont and OHM confirmed this).

Edited February 12 by PAWNEESE

[topt]

19 hours ago, PAWNEESE said:

 

It is because if the beneficiaries see the will it is void by Thai Law

Never heard this before and I also do not believe unless someone can post a link?

 

One other reason that I find the statement hard to believe is that those who have done Amphur wills have normally gone with their partners to complete who will also tend to be the beneficiaries and I cannot see those being voided.......... 

[PAWNEESE]

4 hours ago, topt said:

Never heard this before and I also do not believe unless someone can post a link?

 

One other reason that I find the statement hard to believe is that those who have done Amphur wills have normally gone with their partners to complete who will also tend to be the beneficiaries and I cannot see those being voided.......... 

I do not know. That is what a lawyer told me.  I know 'nuffing'.

[NickyLouie]

Probate fees seem to range from 30,000 baht to 100.000 baht - is this based on the Lawyers greed ?

[In Full Agreement]

 

While it was three or four years ago that Magna Carta prepared my will, they only charged 5,000 Baht and gave me two or three copies in both Thai and English.        I even went back some months after it was completed to have a concern addressed and they did  charge me for the consultation time of 20 - 2 5 minutes with two of their lawyers.

 

Your mileage naturally may vary.

[CallumWK]

Suppose you make a last will and register it at the Amphur.

Obviously, you don't tell anyone, even the executor, that you made a will since you don't want to be worth more dead than alive.

Then the final day arrives, how does anyone know you made a will?

 

 

Edited June 20 by CallumWK

[jacko45k]

6 hours ago, CallumWK said:

Suppose you make a last will and register it at the Amphur.

Obviously, you don't tell anyone, even the executor, that you made a will since you don't want to be worth more dead than alive.

Then the final day arrives, how does anyone know you made a will?

 

 

Leave it with a lawyer and ensure your partner knows of him/her. Leave it in the safe..... you can guarantee someone will get in there before your body even stiffens!

[topt]

On 6/20/2024 at 11:15 PM, CallumWK said:

Suppose you make a last will and register it at the Amphur.

Obviously, you don't tell anyone, even the executor, that you made a will since you don't want to be worth more dead than alive.

Then the final day arrives, how does anyone know you made a will?

 

 

I can only guess this is a lame attempt at humour. Or I could call it something else 

 

You should ask the executor that you name that they will in fact do the job for you before you write the will.

The will needs to be witnessed properly if you want to avoid problems with probate.

Lodging at the Amphur - you need witnesses and based on some previous reports on here not all Amphur are amenable. 

 

if you don't care, because you have shuffled off your mortal coil, then go ahead........

[topt]

On 5/27/2024 at 11:41 AM, In Full Agreement said:

 

While it was three or four years ago that Magna Carta prepared my will, they only charged 5,000 Baht and gave me two or three copies in both Thai and English.        I even went back some months after it was completed to have a concern addressed and they did  charge me for the consultation time of 20 - 2 5 minutes with two of their lawyers.

 

Your mileage naturally may vary.

Somebody told me the other day that they charged him 7,000 - done within the last month.