Will Advice

[BlackJack]

Pm me

[cigar7]

Based on the many recommendations in this thread, attached is a new draft of a simple Last Will and Testament that seems suitable for English speaking people in Thailand. Please note that the Will should be drafted in your home language, not necessarily in English and the contents between the square brackets filled with content to your particular situation. I am not a lawyer and please seek professional legal advice, especially if your situation is not simple.

LAST WILL AND TESTAMENTgeneric.docx

Edited January 14, 2015 by cigar7

[BlackJack]

No no no

[BlackJack]

Has to be in thai as must go to court

[cigar7]

Has to be in thai as must go to court

Could it be interpreted into Thai, after death?

[BlackJack]

Has to be in thai as must go to court

Could it be interpreted into Thai, after death?

yes as some foreigners have Wills from their own countries

but why complicate things

if you have assets here in Thailand then you should have a Will as a Will from another country might say for example that all costs should come from assets in that country.

[ericg1953]

What about a price for the will to be drawn up so it will stand up legally and the costs for going to court to have the executor named. The executor naming is a 2step process I believe if all the required paperwork is provided

I've heard a lot of different numbers for the whole process to completion

[BlackJack]

The price of the will is 5000 baht. If you require a lawyer then it's their fee. All are different as you say. Then you may need a translator. Again all fees a different.

[BlackJack]

the Executor goes to court and swears and oath

the judge takes the paperwork and then if ok approves the Executor

then anyone that wishes to challenge the Executor has a few weeks to do this

if no one challenges then the judge will sign off on it and the probate can begin and the assets accumulated and distributed to the beneficiaries.

the Executors job is a big one and not to be taken lightly or given to someone thats not mentally or physically capable of doing it. It can be a long process.

[ericg1953]

the Executor goes to court and swears and oath

the judge takes the paperwork and then if ok approves the Executor

then anyone that wishes to challenge the Executor has a few weeks to do this

if no one challenges then the judge will sign off on it and the probate can begin and the assets accumulated and distributed to the beneficiaries.

the Executors job is a big one and not to be taken lightly or given to someone thats not mentally or physically capable of doing it. It can be a long process.

Yes..I am aw aware of all your info as I have been thru this a few years ago with a friends estate. What my question is on top of the 5,000 to draw up the will in English and Thai, what would be the range of fees to complete the process to the point where probate can begin.

In my experience the process was 90 days from start to finish. At the end of the 90 days the court part was finished and the estate was able to transfer properties held in their name.

[BlackJack]

It's about 50k for translator and lawyer to represent the executor and any challenges to the executor. At the moment is is taking more than 3 months to get a court date then another month for challenges to the appointment of the Executors. So 4 months before disbursements.

[domdom]

Hello

We are a french non married couple and would like to make a very simple will (so 2 in fact).. Is the procedure described on the 1st post still valid.. in this case where is the Banglamung Amphur and I imagine it is OK for us, living in Najomtien ?? Does anybody know a french/thai translator ??

If any pro on this site, how much would you charge for 2 simple wills (doing the full process)

Thank you

Have a nice day

[BlackJack]

Hello

I would suggest that you make a Will for your Thai assets only. So Thai and English is sufficient for the Thai Courts.

Keep your French assets separate as in the event that you pass away we would still need to involve another country and so it becomes complicated and takes longer.

There is no common Law here and so living together does not constitute that the partner has any rights as in common law marriage.

The cost of a Will is normally 10,000 baht however we discount for members of clubs and so 5000 baht per Will x 2 copies in Thai and English.

The Will is bound together with photocopies of all assets you have in Thailand, car or bike books, Chanotes, bank accounts, personal possessions.

Name of Executor, name of Beneficiaries.

You need to carefully consider the Executor as they need to go to court - there is a lot of work to do and so most people ask Thai888 Law Office to be the Executors as we have experience.

I can send you a form as a check list for things to bring to the office.

As it is signed by you in the presence of 2 witnesses then it does not have to be registered at the Amphur.

contact me on [email protected]

Hope to here from you soon

regards kelvin

[JGV]

If you use the Amphur can you just use a will in English or must that will also be translated into Thai

JGV

[BlackJack]

Hi in the end it has to go to court and so must be in thai

[Bababooey]

I need a simple will. My only assets in Thailand are a few bank accounts.

Can anyone recommend a lawyer who can draft this simple will and also register this will?

Or must I register it myself and if so would you please tell me exactly where the Pattaya office is.?

It doesn't sound very complicated to put a baunch of Thai bank accounts and my girlfriend's ID into a document but figure

it isprobably safer for a lawyer to draft it if the fee is in the 3,000-5,000 baht range.

Thanks!

[Pattaya46]

We are a french non married couple and would like to make a very simple will (so 2 in fact).

Bonjour

As a French you should read this topic about New EU Regulation 650/2012 on International Successions

By default (without a will) for European Expats and from August this year,

Thai law on Successions will apply on all your goods or houses in Thailand, Europe or elsewhere.

It's a very important change, and one more reason to make a will !

[domdom]

Hi

Yes

We know the french law changes next August for french leaving abroad and this is one reason to make a will in Thailand

Have a good night

[snoopy21]

Three years ago, I did such a kind of testament thru a "lawyer". Well, I do think he is a retired lawyer. His office (law firm) is at the Central Pattaya road. The testament is in English. But the problem is it doesn't have any indication that that testament is issued by a law firm. It was typed in an A4 size paper with no letterhead of the firm with signatures of the lawyer and 2 witnesses provided from his office. He charged me 5,000baht. I wonder if the other law firm issued that kind of document without using the letterhead of the firm! Or perhaps, I was being cheated, I really don't know!

I have asked a notable law firm where I asked them to do my retirement visa. They said the price is THB10,000.

[Jip99]

Hi in the end it has to go to court and so must be in thai

For the Amphur it HAS to be in Thai, as I understand it. (for the court a Thai translation of a English language Will would suffice). If you cannot read fluent Thai you may not be 100% certain of what you are signing.

I remain unconvinced that registration at the Amphur actually achieves anything - especially for simple Wills with minimal assets.

A simple Will, with Thai translation, can be produced for 2,500 Baht.

[prakhonchai nick]

Hi in the end it has to go to court and so must be in thai

For the Amphur it HAS to be in Thai, as I understand it. (for the court a Thai translation of a English language Will would suffice). If you cannot read fluent Thai you may not be 100% certain of what you are signing.

I remain unconvinced that registration at the Amphur actually achieves anything - especially for simple Wills with minimal assets.

A simple Will, with Thai translation, can be produced for 2,500 Baht.

Hey Jip99

I want to make a simple Will, 2,500baht you say, with Thai translation too. Can you PM me please to advise where I can have this Will drawn up. Thanks

[Jip99]

Hi in the end it has to go to court and so must be in thai

For the Amphur it HAS to be in Thai, as I understand it. (for the court a Thai translation of a English language Will would suffice). If you cannot read fluent Thai you may not be 100% certain of what you are signing.

I remain unconvinced that registration at the Amphur actually achieves anything - especially for simple Wills with minimal assets.

A simple Will, with Thai translation, can be produced for 2,500 Baht.

Hey Jip99

I want to make a simple Will, 2,500baht you say, with Thai translation too. Can you PM me please to advise where I can have this Will drawn up. Thanks

PM sent, also showing link to Facebook page.

[BlackJack]

yes PM me as well as I have checked 100's of Wills and I can tell you that 75% are wrong and make complications after the Testator passes away

the other 25% the Executors wants to resign

there is nothing simple about a Will

it is a legal document and if not written properly then it can be contested and then more fees

there is nothing simple about being an Executor

[brewsterbudgen]

I'm in the process of using Magna Carta for my will. So far they've been excellent.

[Jip99]

yes PM me as well as I have checked 100's of Wills and I can tell you that 75% are wrong and make complications after the Testator passes away

the other 25% the Executors wants to resign

there is nothing simple about a Will

it is a legal document and if not written properly then it can be contested and then more fees

there is nothing simple about being an Executor

I can understand that you have a vested interest in talking up the 'mystique' of Wills.

The fact remains that, for most people (especially here in Thailand) Wills ARE a simple matter.

The only issue is understanding what your assets are and what you want to with them. Some people have difficulty in expressing EXACTLY what they want to achieve and a guiding hand can be necessary.

There are many FREE online services such as this for Americans:- http://www.lawdepot.com/contracts/last-will-and-testament-usa/?loc=US#.VUGFsPAXcuM

With limited assets in Thailand there are many times that a Will is not required at all. Thai widows are adept at cleaning out bank accounts via the ATM within days of the death. I know one lady who recently withdrew 400,000 Baht over 8 days after her husbands death to cover the cost of his funeral and hospital bills. That was his Thai assets sorted out.

Obviously, if any estate has any degree of complexity then professional advice from a qualified lawyer should be obtained.

[BlackJack]

Everyone has a horror story about this and that

When I was a teacher I wrote on the board of every first lesson

"fail to plan plan to fail"

Hopefully I reached a few minds

All foreign deaths in Thailand bring on a plethora of issues and they are not simple

What is simple is making a Will and spending some quaity time on choosing an Executor that knows what theyre doing

Dying is easy, but someone has to do all the work to clear and disburse the assets or estate

Asking your buddy to do this is easy but your buddy has a lot of work to do and it does interfere with their life

Heres a task for you - sit down with pen and paper and makes points on what has to happend when you die

When you get to 50 points then you will realise what youre asking your friend to do and they maybe asking you to do it as well

[BlackJack]

yes PM me as well as I have checked 100's of Wills and I can tell you that 75% are wrong and make complications after the Testator passes away

the other 25% the Executors wants to resign

there is nothing simple about a Will

it is a legal document and if not written properly then it can be contested and then more fees

there is nothing simple about being an Executor

I can understand that you have a vested interest in talking up the 'mystique' of Wills.

The fact remains that, for most people (especially here in Thailand) Wills ARE a simple matter.

The only issue is understanding what your assets are and what you want to with them. Some people have difficulty in expressing EXACTLY what they want to achieve and a guiding hand can be necessary.

There are many FREE online services such as this for Americans:- http://www.lawdepot.com/contracts/last-will-and-testament-usa/?loc=US#.VUGFsPAXcuM

With limited assets in Thailand there are many times that a Will is not required at all. Thai widows are adept at cleaning out bank accounts via the ATM within days of the death. I know one lady who recently withdrew 400,000 Baht over 8 days after her husbands death to cover the cost of his funeral and hospital bills. That was his Thai assets sorted out.

Obviously, if any estate has any degree of complexity then professional advice from a qualified lawyer should be obtained.

If you follow the lawdepot link above and fill it out on line and think that you are cover then all I can say is good luck as this template has many issues that do not apply to Thailand.

As a legal document and as it says it formats the template for whatever state you live in the USA

It is wrong and I emplore people to not use it

[Jip99]

Everyone has a horror story about this and that

When I was a teacher I wrote on the board of every first lesson

"fail to plan plan to fail"

Hopefully I reached a few minds

All foreign deaths in Thailand bring on a plethora of issues and they are not simple

What is simple is making a Will and spending some quaity time on choosing an Executor that knows what theyre doing

Dying is easy, but someone has to do all the work to clear and disburse the assets or estate

Asking your buddy to do this is easy but your buddy has a lot of work to do and it does interfere with their life

Heres a task for you - sit down with pen and paper and makes points on what has to happend when you die

When you get to 50 points then you will realise what youre asking your friend to do and they maybe asking you to do it as well

Planning is essential - that is what this is all about 'estate planning'.

Writing down what YOU want to happen when you die is first class advice and everyone should do it.

If you don't get past 10 points for disposal of your assets then a Will should be simple. Beyond that it is likely that some professional advice is required.

[BlackJack]

i am afraid you have missed the point.

please spend 10 mins on this scenario

you drop dead in a restaurant

what happens next?

do a task analysis and see that nothing is simple

heres a clue

1. call the police, doctor, friend???

2.

3.

4.

[fosseway]

Over the years, I have read so much about the registration and lodging of wills at the Ampur office, I first heard of this in an article written in the Pattaya Mail some 10 years ago, by the late Leslie Wright.

Yesterday I went to the Ampur office with all the relevant paperwork, The will, certified Thai translation, Sound mind and body medical certificate etc, together with a retired Thai banker friend. He was told by the very pleasant office manager that the service was no longer available, as they were running out of storage space, due to the huge amount of paperwork stored, as the system was not stored electronically.

She did however point out that they only previously kept the wills in the office and handed out a receipt, she questioned as to why this was necessary, as all one had to do was to keep all the paperwork in a safe place, copies to the executor, and also to keep a video recording of yourself reading the will together with the witnesses, that seemed like very good advice to me so that is what I plan to do.