Will Advice

[hansened]

On 01/03/2011 at 4:01 PM, Langsuan Man said:

If you don't want the Thai government to get your assets then don't let a Thai lawyer get them either

Get an English simple will translated from one of the translating companies you see here at Thai Visa

Go to the Amphur in Bamlamung and have them process and register it for you

You will need 1. copy of your Passport (Face page and Visa) 2. A medical certificate available for 100-150 THB from any clinic 3. Original and copy of the Thai and English Will 4. You will need two Thai witnesses (the girls at the Amphur will be most happy to be your witnesses (don't forget to tip) 5. Take your girl so she can show them her Thai ID card 6. 20 THB baht to pay for it all

They will witness everything, place the information in their registry book, and will seal the envelope containing the Will in an envelope, place it into storage, and will give you a receipt

Using a lawyer is fraught with danger since they will not register the Will until you are dead and then how do you know that what you wrote is what was registered

This way you maintain control through the whole process. The only caveat is that in case of any dispute the Thai version of the Will will take precedence

BTW. I did the above process less than a year ago and the requirements I cited are directly from the Banglamung Amphur

Who do you trust the most, a lawyer or yourself ? This is one time where the DYI route is the best and safest way to go

thanks. Where is this registered; ?   2. Medical certificate; for what ?  Thats a new one ?   I was told by a couple that I just need to hang onto it; with no reason to file anywhere. As long as someone ; living knows you have it to present;  to someone ? 

Agree on the point.  don't do thru lawyer or have any legal hang onto it. !!  I have heard horrow stories;  and very rich lawners; or even bookkeepers finding out about dead expats. 

 

 

[BlackJack]

2 hours ago, hansened said:

thanks. Where is this registered; ?   2. Medical certificate; for what ?  Thats a new one ?   I was told by a couple that I just need to hang onto it; with no reason to file anywhere. As long as someone ; living knows you have it to present;  to someone ? 

Agree on the point.  don't do thru lawyer or have any legal hang onto it. !!  I have heard horrow stories;  and very rich lawners; or even bookkeepers finding out about dead expats. 

 

 

 

[BlackJack]

Just now, BlackJack said:

 

Arm chair lawyer dont know.  all will must go to court to approve  will and executor.  period. If you cut corner s your assets suffer. Your beneficiary  suffers. Spend 5k and get it done properly as you dont read anď write thai. Arm cair lawyer's çut corners and make problems. You must have a lawyer for probate otherwise nothing wiļl happen

 

[Pattaya46]

On ‎12‎/‎01‎/‎2018 at 6:35 PM, hansened said:

> If you don't want the Thai government to get your assets then don't let a Thai lawyer get them either

Get an English simple will translated from one of the translating companies you see here at Thai Visa

Go to the Amphur in Bamlamung and have them process and register it for you

 

thanks. Where is this registered; ?   //

 

Many years already that the Amphur in Banglamung do not accept wills anymore. They just don't have the people and the space required to manage and store all these documents !

If you ever went there, you must already wonder how they can already manage the mountain of red-taped documents that are all over their office...

[BlackJack]

3 hours ago, Pattaya46 said:

 

Many years already that the Amphur in Banglamung do not accept wills anymore. They just don't have the people and the space required to manage and store all these documents !

If you ever went there, you must already wonder how they can already manage the mountain of red-taped documents that are all over their office...

yes you are correct - unfortunately some still believe the past. There is only one company that does everything in Pattaya but the rules say dont plug so google it 

[hzarry]

Just been to Banglamung Amphur. The Will registration is for Thai people only, not possible for falang.

Lawyer b8000

[BlackJack]

we only charge 5000 baht

 

[topt]

On 5/17/2018 at 5:56 PM, BlackJack said:

we only charge 5000 baht

 

Can you tell me who "we" is and where you are?

Is this 5k to go through all the details and produce the will?

[poanoi]

On 5/17/2018 at 5:56 PM, BlackJack said:

we only charge 5000 baht

 

i would like to skip autopsy and get cremated within a day of dying,

can your company see to that ?

and if not, what is the best you can do to meet my wish

[giddyup]

On 5/17/2018 at 5:56 PM, BlackJack said:

we only charge 5000 baht

 

Not prepared to answer questions or give any info about yourself or company, doesn't exactly inspire confidence.

[Pattaya46]

On ‎5‎/‎22‎/‎2018 at 6:19 PM, poanoi said:

i would like to skip autopsy and get cremated within a day of dying, //

 

- I understand than in Thailand there is usually no autopsy if you die in an hospital, but in most other cases there will be an autopsy to determine the cause of death.

- I also understand that the morgue will conserve the body until family/next-of-kin is informed of your death, so one day seems a too short delay, mainly if family is abroad.

[BlackJack]

On 6/24/2018 at 8:43 AM, Pattaya46 said:

 

- I understand than in Thailand there is usually no autopsy if you die in an hospital, but in most other cases there will be an autopsy to determine the cause of death.

- I also understand that the morgue will conserve the body until family/next-of-kin is informed of your death, so one day seems a too short delay, mainly if family is abroad.

if you die in hospital then normally they can do the Death Certificate - if something is suspicious then mandatory off to the Forensic Lab in Bangkok - cause of death a few days - lab report could be a couple of months

Next of kin is informed by the Executor or the wife or blood next of kin via an email from the relevant embassy - in that email they nominate a person to take care of the body and funeral process.

This email is form of POA and allows the Embassy to make a letter of release to the person or company named in the email. They can then get the body released and then arrange the funeral cremation. Later on an application to the court for a Grant of Probate is necessary.

 

I am not an arm chair lawyer

 

[BlackJack]

17 hours ago, Kim J said:

I wouldn't be comfortable producing a will at all in Thailand.

My advice to anyone who ever does is that they should never ever let a Thai know about it, particularly the beneficiary, as this will most certainly reduce your life expectancy quite significantly.

well kim thats indeed terrible advice and its possible that you have never attended an expat meeting on this subject. I would advise anyone fail to plan and plan to fail.

 

Any foreigner that dies in Thailand causes an amazing amount of work for those left behind. These people live like they died. Selfish people that use others to clean up after them. Dont be one of them and dont listen to arm chair lawyers.

[brewsterbudgen]

I wouldn't be comfortable producing a will at all in Thailand.
My advice to anyone who ever does is that they should never ever let a Thai know about it, particularly the beneficiary, as this will most certainly reduce your life expectancy quite significantly.

If you have any assets in Thailand, a Thai will is essential. You also need to leave instructions regarding what should be done with your body. Not having a will is a very short-sighted and selfish act.

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app

[BlackJack]

On 9/8/2018 at 9:04 PM, brewsterbudgen said:

If you have any assets in Thailand, a Thai will is essential. You also need to leave instructions regarding what should be done with your body. Not having a will is a very short-sighted and selfish act.

Sent from my SM-G930F using Thailand Forum - Thaivisa mobile app
 

you are 100% correct

[BlackJack]

On 9/7/2018 at 4:51 PM, Kim J said:

Yes I agree. I would proceed with the utmost caution. It is not only the indigenous population that is dishonest in the Land Of Scams.

cant advertise here as against the rules - we are very well know in Pattaya 

 

[Spidey]

On ‎9‎/‎11‎/‎2018 at 9:43 AM, BlackJack said:

cant advertise here as against the rules - we are very well know in Pattaya 

 

Can you PM me the name please?

[BlackJack]

Not cherry picking as these are the last Probate cases. Chinese man with Singapore passport, part owner in a Thai Company with proxies holding the majority, condos in Shanghai, condos in Singapore.

Estranged wife of 22 years.

Chinese younger brother that has lived in Australia for over 50 years - Australian citizen.

Man makes and signs Will in hospital surrounded by kin and lawyers to verify he was of sound mind - verified.

Man makes Power of Attorney POA for brother to sell shares in the company and keep the money for his convalescence. Unfortunately brother died of complications.

Estranged wife as next of kin - never divorced - takes the one and only death certificate DC back to Singapore.

Brother starts probate - DC is in Thai and needs to be translated at the Thai Consulate in Thailand, stamped as certified by the translator, then the Department of Foreign Affairs DFA has to sight all and legalise it. 

These docs need to go to Australia to the brother to have docs notarised for court in Thailand. Thai Embassy cant do that as only certified copy of the original is forwarded - after weeks of Embassy and DFA bureaucracy. The advice was to get young brother on a plane with docs and personally front the DFA - success, however only for Thailand.

All legalised docs now go to the China Embassy Thailand, more forms more bureaucracy and insisting on using the Thai DC be bound to their docs for China - 

China sticker is their legalised doc - however it says Authenticate! other authorities use Notary, Certified, Legalised, Court Order and Europe uses Apostille. There are now 6 terms in English, Thai, Chinese to be translated and understood.

The China Authentic stamp was scanned and sent to the Chinese Lawyer. He said it was wrong and sent a scan of the correct one he had on file. Later I found out that there is Cat 1 for Death Certificates and Cat 2 for company Juristic persons - Cat 1 was sent to him.

 

Whatever country needs docs they have their own language and Government Dept Rules. 

These docs went to China and now this will open up a whole new set of problems - in 3-4 months these docs will find there way back to Thailand for a court appearance to get a Grant of Probate. The the estate hopefully can be wound up.

 

Remember that most have assets in another country and the same applications and grants translated, legalised etc have to be sent to the country where your other assets are

[BlackJack]

I regularly give talks around Pattaya and have international experience with Wills, Funerals and Probate.

 

Recently I got a Grant of Probate from the Court and this is usually the document that allows you to do everything. After all I had been to court and the Judge granted the Probate based on the papers I submitted and my testimony. Normally I could sell condos, close bank accounts and send money back to the Beneficiaries.

 

However when I went to transfer the condo to the new buyer the Land Office (not Pattaya) said they didnt approve the docs - so the transfer didnt happen. This has not happened before and so now I am getting the docs and stamps that will satisfy the Land Office. Until next time.

[BlackJack]

An interesting issue has come up.

Some Law companies are saying that a condo can be transferred to a Beneficiary that has no visa for Thailand - ie when you will your condo to your son or daughter. This all appears to link to the Condo Act Section 19 where the condo is willed to a person without a valid visa or citizenship and therefore must sell the condo within 12 months.

Some lawyers are arguing that IF the original owner of the property brought the money in via a valid TT3 then this is an asset that can be will to a Beneficiary.

If any Executors out there have done this successfully let me know as I have only heard and done what the Land Office says and that is that the condo/property must be sold within 12 months - Perhaps the Condo Act needs a review?

 

 

[Harveyboy]

On 3/15/2019 at 10:31 AM, BlackJack said:

An interesting issue has come up.

Some Law companies are saying that a condo can be transferred to a Beneficiary that has no visa for Thailand - ie when you will your condo to your son or daughter. This all appears to link to the Condo Act Section 19 where the condo is willed to a person without a valid visa or citizenship and therefore must sell the condo within 12 months.

Some lawyers are arguing that IF the original owner of the property brought the money in via a valid TT3 then this is an asset that can be will to a Beneficiary.

If any Executors out there have done this successfully let me know as I have only heard and done what the Land Office says and that is that the condo/property must be sold within 12 months - Perhaps the Condo Act needs a review?

 

 

Thanks money was send bank transfer from Bank in France to bank here so will have a record..condo still in company name with my son Foreigh being one of the holders ..if things seen to be difficult suppose i could close down company ....i have a thai son young ..if difficulties arose could it be transfered to him ..is there an age limit 

[BlackJack]

1 hour ago, Harveyboy said:

Thanks money was send bank transfer from Bank in France to bank here so will have a record..condo still in company name with my son Foreigh being one of the holders ..if things seen to be difficult suppose i could close down company ....i have a thai son young ..if difficulties arose could it be transfered to him ..is there an age limit 

what are the share holdings % foreign and Thai? - 

[Harveyboy]

2 hours ago, BlackJack said:

what are the share holdings % foreign and Thai? - 

Its been some time now sine we changed one of the shareholders to add my son i believe foreign is still lower than thai ..i did think about closing the company and paid to have some of the paperwork done   then decided not to it costs me 12.000 baht per year for accounts ..again as i said it has been some time ago   i think closing of tbe company was 40.000

[Delight]

I have 2 wills -1 Assets in Thailand - 1 Assets outside Thailand.

Both are in English. The Thai will be translated officially at the appropriate time

I Used the earier referred to British Law.

They charged me 6000 Baht each.

Just a note of interest -ensure that you get more than one original. Wills have known to go missing.

You can have 100 originals if you want.

2 or 3 is typically enough.

 

However it does seem to me that putting your money in a Joint accout is simple  -and with no cost.

No will required. If you have a will then it has to go to probate. Expensive!

No will -no probate -unless your estate is contested.

Unlikely in your circustances.

Reference motor bike . Post your demise yout GF can use it and tax and insure it.

If she  later wishes to sell -then in her name is better.

Ensure that funds are available for your funeral.

[giddyup]

If you have a joint account can your partner access all the money in that account or only 50%?

 

[BlackJack]

48 minutes ago, Delight said:

I have 2 wills -1 Assets in Thailand - 1 Assets outside Thailand.

Both are in English. The Thai will be translated officially at the appropriate time

I Used the earier referred to British Law.

They charged me 6000 Baht each.

Just a note of interest -ensure that you get more than one original. Wills have known to go missing.

You can have 100 originals if you want.

2 or 3 is typically enough.

 

However it does seem to me that putting your money in a Joint accout is simple  -and with no cost.

No will required. If you have a will then it has to go to probate. Expensive!

No will -no probate -unless your estate is contested.

Unlikely in your circustances.

Reference motor bike . Post your demise yout GF can use it and tax and insure it.

If she  later wishes to sell -then in her name is better.

Ensure that funds are available for your funeral.

Why complicate things. Thai888 2 Wills in Thai and English for 5000 baht. After signing scan it and send to anyone you want. It's cheap. Dont mess with things as with all the changes going on in Thailand your best laid plans may not be future proof. But a will is accepted. Even when someone dies and the embassy want the email from the next of kin, they ask for the will as well. You mess around and do your own then there will be issues. My job is 24 7 and it's all about probate. Here and international. So dont tell me all is Rose's. It's when you die that all the greed starts. Spend 5k now or more later. I also get told oh the GF will the 4th grade education is going to act as the executor.  Well guess what. She cant write  plaint for a court date only a lawyer can. Check mate bring it on. I get the work eventually.

 

[BlackJack]

Joint account. She has card and pin. Drain the account. Dont go in and say oh hubby is dead as the will lock account. Everyone should have a little black book with all user names codes pins and so in the future when you pop off the person May May access the accounts as the Beneficiary to get the funds. I say may!!!

[giddyup]

36 minutes ago, BlackJack said:

Joint account. She has card and pin. Drain the account. Dont go in and say oh hubby is dead as the will lock account. Everyone should have a little black book with all user names codes pins and so in the future when you pop off the person May May access the accounts as the Beneficiary to get the funds. I say may!!!

My partner has never used the joint account but she has the Pin, but she would be limited to 20,000 baht a day withdrawal. That's going to take some time to drain the account of 1.5 mil baht. If she went into the bank and asked to transfer the balance to her own account the bank may balk at that as it's a joint account.

[Delight]

1 hour ago, giddyup said:

My partner has never used the joint account but she has the Pin, but she would be limited to 20,000 baht a day withdrawal. That's going to take some time to drain the account of 1.5 mil baht. If she went into the bank and asked to transfer the balance to her own account the bank may balk at that as it's a joint account.

 In these circumstances taking money from a dead persons bank account is classed as theft

[Delight]

3 hours ago, giddyup said:

If you have a joint account can your partner access all the money in that account or only 50%?

 

 Each party has equal access to a joint account. One person dying has no legal effect on the other party