Will Advice

[BlackJack]

On 9/6/2020 at 4:12 PM, bert bloggs said:

is this still the way? and ok for the wife? its only regarding my Thai bank account ,as or British ones are joint and she owns the house,car etc etc.

 

oh dear - I am shocked - do you have proof that lawyers do this? you do realise there are 66 codes covering the WIll and the Probate? I expect not.

There are ways to safe guard your assets even after death.

Do not listed to armchair lawyers as they are simply repeating nonsense

 

 

[BlackJack]

On 7/23/2019 at 8:43 AM, Laughing Gravy said:

Thank you very much for your informative post. it is appreciated even in your distinctive style.

I have a case where for 2.5 years a battle has raged with HMCT system and IHT - there was no Will, but a thai wife - if you want to look after your partner do it properly , NOW

USA has other issues with the FACTA

 

These expats will understand these terms

 

Its not just Thai law but internation as well

 

 

[BlackJack]

On 5/28/2019 at 6:39 PM, giddyup said:

OK, maybe I exaggerated, but you tell me how long it would take a lawyer, or one of their minions, to register a will involving two bank accounts at the courts? Anyway, I have decided that it's not necessary to employ a lawyer for such a simple will. As I said I just convert the two accounts to joint accounts, problem solved.

OK - first the lawyer gets all the relevant documents - hospital police morgue POA letters from the consular and then writes a Plaint to submit to the PP to get a court date - time to prepare and time to drive to submit docs

When the PP decides a date the paper work has to be picked up

Court day need to get to the court to  and wait until heard

The Executor has to give testimony and so there is a translator involved as well as the lawyer and the Judge

After testimony and if all meets the court approval then judge signs off, lawyers, translator and Executor signs off

Go home

15 days to resign ( in case someone doesnt know their Executor/doesnt want to be or is sick, incompetent or is a bankrupt (questions asked in court)

30 days for challenges to the Will or the Executor 

BAck to court to get the docs and the grant of probate Court Order

Then the Executor can begin closing down bank accounts , transferring land etc

Later when the Will and the Probate is finished is needs to be closed and so another trip to tell the courts its done

 

10 mins work - nah!

I do this work every day and so ............................................

 

[BlackJack]

plus all the docs when first submitted to make the Will are translatedand photo copies of the bank, showing the name, address, account holder, account number are translated to along with any Chanotes, cars bikes, personal possessions. Then the Beneficiaries are named by their official ID - passport, Thai ID or other and their addresses and contact details. Also next of kin as the Embassy will later get involved to make a letter of release as without one nothing happens. 

 

All info is listed and hopefully the assets to - however many make a Will then change car or bank or address and so the Executor has a merry time chasing stuff down.

 

There is nothing wrong with having a lawyer as Executor or co Executor - as your named Executor my pop off before you - many things to do and a Will has to be bullet proof and future proof - but hey near enough is good enough eh? but not when it finally gets to court!

[topt]

On 11/4/2020 at 3:40 PM, BlackJack said:

plus all the docs when first submitted to make the Will are translatedand photo copies of the bank, showing the name, address, account holder, account number are translated

I can understand it is easier if the exact details of bank accounts are in a Thai will but is it not also a little impractical as it is also likely that there could be many changes to accounts once a will has been written - Eg. the will could be in existence for 10 years or more? How do you deal with that?

 

Also if Thai bank accounts why would they need to be translated?

[BlackJack]

The Executor of the Will has to deal with that and so to make it easier the Testator (writer of the Will) sends to the Executor any changes to the estate as it is the Executor that has to go to court. These changes are inserted into the clients file so when the Executor does their job they dont have to run around looking for assets, as most banks will not tell you there are other accounts under the deceased name.

 

The reason for Thai and English is so that all parties understand the Will in their respective languages. ie sometimes the Beneficiary is at the initial draft of the Will and most times they are Thai partner/wife/GF, however the Testator is English speaking. English understands English and the Thai understands Thai, plus both can make sure both languages are the correct translation.

 

Many times i see 2 Wills - one in Thai and one in English stapled together - = problem later

 

[topt]

On 11/5/2020 at 8:03 PM, BlackJack said:

The Executor of the Will has to deal with that and so to make it easier the Testator (writer of the Will) sends to the Executor any changes

Exactly so why try and specify in the first instance. So in fact are you suggesting that it isn't absolutely necessary which is what I was trying to get at?

If so this would then make it no different to a UK jurisdiction for example.

 

I have no argument that the will should have clauses in both languages but my Thai bank accounts have the account no. in Roman numerals. A potentially mute point now depending on the observation above.

 

[BlackJack]

UK juristiction is in some instances based on where you are domiciled - UK and HMCT and IHT laws policy and procedures all come into play 

 

It is better to do it properly than to interpret what may happen later in various courts

 

My job is to provide fail safes in the document

 

Cover all possible angles to stop any challenges to the Will or the players involved - a small amount of money is paid for the Will to save a lot of money later

[topt]

3 hours ago, BlackJack said:

UK juristiction is in some instances based on where you are domiciled

You seem to have completely missed my point. My reference to UK (as only one example) was only in terms of detailing specific accounts in the body of the will.

 

Obviously I agree with "to do it properly" but it is hardly a "fail safe" if the account/s no longer exist. All I was trying to ascertain is whether it is an issue if they are not detailed for the reasons mentioned.

 

It also helps if you quote so I would have known you had replied and others what to........ 

[BlackJack]

its simple - there is a clause in the Will to provide the judge with the information he requires - never failed yet!

 

[BlackJack]

the UK has changed some of the IHT and so please be aware of these changes

Also there are considerable delays under the CONVID umbrella - emails are not answered unless an emergency and delays stretch into the never never

 

[ivor bigun]

luckily my wifes best mate is a lawyer and she owns the company ,so no charges for anything including  my will ,mind you i dont own anything much ,its all in the wife and sons names .

[BlackJack]

15 hours ago, ivor bigun said:

luckily my wifes best mate is a lawyer and she owns the company ,so no charges for anything including  my will ,mind you i dont own anything much ,its all in the wife and sons names .

and what happens if they get wiped out or you out live them? where does that leave you - 

[BlackJack]

On 3/23/2021 at 9:03 PM, ivor bigun said:

luckily my wifes best mate is a lawyer and she owns the company ,so no charges for anything including  my will ,mind you i dont own anything much ,its all in the wife and sons names .

you do realise that the Embassy, police, hospital, morgue, temple, translators, etc are involved to get you cremated and then the Executor has to run around and apply to court to get a grant of probate even though you dont own anything 

 

[giddyup]

Anyone know if it's possible to make out an Aussie will without returning to Australia. I know the will form can be filled out here, but how do I get a lawyer in Australia to administer the will when I'm gone?

[nomad2019]

There's a lawyer in just up from the supermarket across from terminal 21

do not use this man

do not use man for anything 

[aussiexpat]

Just had a simple Will done by Magna Carta for 5000 baht. Very easy, just provided copy of condo papers and bank book along with Thai ID or Passport for executor and beneficiaries along with their email, address and phone number. Takes about 2 weeks to get 3 signed copies in Thai and English (they keep one in their fireproof safe)

 

[aussiexpat]

Just did my Australian Will for $495. That's about 13,000 baht so makes my 5000 baht Thai Will from Magna Carta seem very cheap. Very happy with their service and Aussie Will now links to the Magna Carta Thai Will

[BlackJack]

all the reviews are on Google - Google it

 

[Neeranam]

On 3/1/2011 at 2:01 PM, gerry53 said:

I tried a second Thai law office and they wanted 10,000 baht for Thai only writting and 15,000 if I wanted a copy in english also.

Why do you want a copy in English?

5,000 baht extra for English is a joke, unless it is 50 pages of writing. 

[Neeranam]

I see dated 2011, probably not here any more. 

[BlackJack]

what on earth are you referring to

 

[topt]

On 5/24/2023 at 2:58 PM, BlackJack said:

what on earth are you referring to

 

In his previous post he quoted a poster but the post was made in 2011..........

[Kwasaki]

There is another thread on Wills you can do a Will for Thailand assets and you can do a Will for UK assets.

 

So simple what's all the fuss here.

[BlackJack]

As someone that deals professionally with Wills and Probate each day, I would say your comment shows that you don't know much about Wills, or International Probate, it is very complex once your throw in jurisdictional law, international or international taxes ruled by FBAR - 

 

[Kwasaki]

1 hour ago, BlackJack said:

As someone that deals professionally with Wills and Probate each day, I would say your comment shows that you don't know much about Wills, or International Probate, it is very complex once your throw in jurisdictional law, international or international taxes ruled by FBAR - 

 

Seeing as you are Experto Crede on Wills, is what my wife and I did OK. Thanks.

 

I have written my Will for Thai assets to go to my wife.

Had 2 signed witnesses.

My Mrs had it translated into Thai and then took it to local govt office and they stamped and approved it.

 

[BlackJack]

Well we did win the top award in 2021 and 2022 for the most innovative company and the best Will writers and Probate Law in Thailand and so yes I guess we can claim professionalism in this area. The amphur where you had the Will rubber stamped is not a legal body that is able to check the translation as being correct. The amount of times I have been to court and produced a certified translator to dispute the Thai and English parts of the Will is many. The Will only works when you die, and then it has to go to court to get a grant or to allow the NOK to settle the properties and the money in the bank. As you say you have assets in the UK and so the Death Certificate has to go to the MOFA in Bangkok to be officially translated and signed off by the minister before it can be used in the UK. The you have to deal with the IHT for probate and I doubt your wife could do that. No insult here, but I even have trouble with their weekly IHT changes. 

You may believe you have done everything right however its not until the Will is actioned that you see where the errors are and if it can be used overseas. IE I had a Will translated at the Embassy of the UAE and then sent it to lawyers in Dubai. One word was changed. Administrator to liquidator and the courts rejected it. The process had to start again and even now we have been looking at 2 years and still no settlement. So please if you have millions of bahts in property cash and gold then get professional advice on it as its cheaper than losing the lot because you trusted someone

[hotandsticky]

3 hours ago, Kwasaki said:

Seeing as you are Experto Crede on Wills, is what my wife and I did OK. Thanks.

 

I have written my Will for Thai assets to go to my wife.

Had 2 signed witnesses.

My Mrs had it translated into Thai and then took it to local govt office and they stamped and approved it.

 

The only purpose of the English wording is to facilitate production of the Will in Thai. Amphora Wills are only accepted in Thai.

 

If you are not fluent in Thai then you need to be certain that the Thai version accurately reflects your wishes.

 

Like me, I suspect that you will have no idea what the Thai version says. 

[Kwasaki]

1 hour ago, hotandsticky said:

The only purpose of the English wording is to facilitate production of the Will in Thai. Amphora Wills are only accepted in Thai.

 

If you are not fluent in Thai then you need to be certain that the Thai version accurately reflects your wishes.

 

Like me, I suspect that you will have no idea what the Thai version says. 

Well yeah the Thai language is very complicated and my translation which I did myself was laugh at by my Thai friend, he translated it for me so as in his words was as near as you can get as to what a Thai speaking in Thai saying what you wrote in English.

The translation was understood by my Mrs and the local govt Anfur office and stamped accordingly.

[hotandsticky]

10 hours ago, Kwasaki said:

Well yeah the Thai language is very complicated and my translation which I did myself was laugh at by my Thai friend, he translated it for me so as in his words was as near as you can get as to what a Thai speaking in Thai saying what you wrote in English.

The translation was understood by my Mrs and the local govt Anfur office and stamped accordingly.

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 ????