Handwritten Last Will / Testament

[johnlexo]

Hi all: Is a handwritten, signed, dated Will in English valid in Thailand? It will be a very simple will leaving all to a sole heir. Properties located in Europe, USA and Thailand. What about any Estate left in Europe/US? Will I have to write two Wills? Etc. Etc.? Thanks for all feedback. JL.

[CharlieH]

I am no lawyer but I would urge you to contact an apropriate legal professional as what you are proposing is ikely to cause a world of problems for those left behind. Without knowing the circumstances and details one would assume that any surviving relatives could well end up having a fight over what is left behind if everything is not done correctly. Might be fine here in Thailand but certainly will create probate issues amongst others in Europe and USA.

[Genericnic]

Hi John

I am a retired lawyer licensed to practice in Texas, USA. That said however, please do not consider this to be legal advice but more in the nature of restating broadly available information.

Most jurisdictions that I am familiar with allow a completely handwritten will. It is called a holographic will. In Texas, at least, the entire document has to be handwritten from the date to the final signature. That said, I would counsel against using a holographic will. If there is a challenge to a holographic will, it creates all sorts of complications and can impart significant costs to an action for probate.

Also, multiple wills are always a bad idea. Most wills start with some boilerplate language stating that it is the person's last will and testament. They also typically contain language revoking all prior wills. As you can see, this might create a problem.

While I don't know if a holographic will, written in English (or Thai for that matter) would be valid in Thailand, it may or may not be valid in Europe or the US. In order to transfer property by way of the will, the will would have to meet the requirements of the jurisdiction where the property was located.

I recommend that you find a lawyer that is familiar with International aspects of estate planning. You will need someone that is familiar with estate and probate laws in Europe, the US, and Thailand. While you may not want to spend the money necessary to do this the best way, a failure to do it properly could result in your sole heir not being able to receive the property without significant legal work, if at all.

Best of luck to you.

David

[Carib]

There has recently been a discussion of this in the following topic:

http://www.thaivisa.com/forum/topic/447336-will-advice/page__pid__4251030#entry4251030

:jap:

[johnlexo]

Hi John

I am a retired lawyer licensed to practice in Texas, USA. That said however, please do not consider this to be legal advice but more in the nature of restating broadly available information.

Most jurisdictions that I am familiar with allow a completely handwritten will. It is called a holographic will. In Texas, at least, the entire document has to be handwritten from the date to the final signature. That said, I would counsel against using a holographic will. If there is a challenge to a holographic will, it creates all sorts of complications and can impart significant costs to an action for probate.

Also, multiple wills are always a bad idea. Most wills start with some boilerplate language stating that it is the person's last will and testament. They also typically contain language revoking all prior wills. As you can see, this might create a problem.

While I don't know if a holographic will, written in English (or Thai for that matter) would be valid in Thailand, it may or may not be valid in Europe or the US. In order to transfer property by way of the will, the will would have to meet the requirements of the jurisdiction where the property was located.

I recommend that you find a lawyer that is familiar with International aspects of estate planning. You will need someone that is familiar with estate and probate laws in Europe, the US, and Thailand. While you may not want to spend the money necessary to do this the best way, a failure to do it properly could result in your sole heir not being able to receive the property without significant legal work, if at all.

Best of luck to you.

David

Thank you David & all. JL.

[totonjoy]

The information provided by Genericnic is absolutely correct. I am in the same situation as him, but of UK origin and would add the same caveat as is contained in his second sentence. There are only 2 points I would mention. First, the Will must be executed correctly, in accordance with Rules in appropriate jurisdictions. Secondly, the location of your sole beneficiary will doubtless have some bearing on the matter.

[Tropicalevo]

For sure, for a will to be valid in Thailand it must be written in Thai. As others wrote above, I strongly suggest that you seek advice from a reputable lawyer. (Not your mates friend down the pub.)

[nong38]

I am from the UK, I have written my wills for about 15 years now, using a template from writin your own will books which I have adapted, I am hapy they are legal. Got 2 people to witnes swho have no call on the will whatsoever. That was before I came here.

Now, its different. What is in the UK stays in the UK, what is in Thailand stays in Thailand.

I will rewrite my UK will in due course. In Thailand I will consult a local lawyer to make 2 simple wills, one for me and one for the partner, they will be reciprycle. If I die first al that I have in Thailand goes to my partner and vice versa.

So long as it is written in Thai and the 2 parties in the two countries abide by my wishes then it should be ok. The legal problem would be the "last will and testament of..........." and "revoking all previous wills." It relies on good will from both parties.

Edited April 5, 2011 by nong38

[Sunbelt Asia]

While a handwritten will in English is valid in Thailand it must be translated into Thai and certified by the Ministry of Foreign Affairs in order for the Court to appoint the executor of the estate.

A holographic or handwritten will must be written entirely in the hand of the person making the will, including the date and the signature according to Chapter 2, Section 1657 of Civil & Commercial Code. No erasure, addition or other alteration in such will is valid unless made by the testator’s own hand and signed by him/her. But under the provision of Section 1656 of the Civil & Commercial Code a will can be made in the following form; in writing, dated at the time of the making of the will and signed by the testator before at least two witnesses present at the same time who shall then and there sign their names certifying the signature of the testator. No erasure, addition or alteration in such will is valid unless made in the same form as prescribed by this section.

Additionally, a will can be witnessed at the local District Office that has jurisdiction over the property with 2 witnesses.

Assets situated outside Thailand will have to be distributed with a will written according to the laws of that nation.

[sunbelt][/sunbelt]