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Need A Will, But Can'T Find One For A Reasonable Price?


thaibeachlovers

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Someone mentioned that the Thai banks will freeze your account when you die. How does a Thai bank find out when one of their farang account holders dies? I told my wife when I die to just use my ATM card to withdraw whatever money is in the account.

We asked this same question to our bank manager. He said as a practical matter, they may not know. But, remember the death of a foreign national in Thailand is reported to the appropriate consulate or embassy. So much for the bright idea of several Americans I know who have told their Thai wives, "just don't tell the U.S. government that I died and keep drawing the auto-deposited Social Security checks from the American bank account.".

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Someone mentioned that the Thai banks will freeze your account when you die. How does a Thai bank find out when one of their farang account holders dies? I told my wife when I die to just use my ATM card to withdraw whatever money is in the account.

Actually this is a very complex point. I tried a couple of years ago to get some clear answers and my lawyer also tried, with little success.

I or my lawyer called: BBL (branch and HO), K Bank (branch and HO), UOB (branch and HO). and SCB (branch and HO).

The responses were totally inconsistent across the various banks and totally inconsistent within each bank (HO answer compared to their branch managers answer).

UOB told me that there are regulations on this matter from the Bank of Thailand (BOT) but difficult to get clear answers from BOT and there is no enforcement.

Some Thai banks will tell you that, if it's a joint account (either party can sign) then the death of one person makes no difference - one is alive, and withdrawal only needs one signature - no problem.

Other Thai banks will tell you the opposite - the account must be instantly frozen.

One bank told me it's totally up to the decision of the local bank manager. (Frightening.)

Another point. say you have the bank book, you die and the other party cannot find the book. My local BBL manager said the other party would need to make a police report then bring the police report to the bank to request a duplicate book. But if the police report mentioned something about the death of one party then that manager would instantly freeze the account.

Same manager suggested that we request a second ATM card so that both signatories have an ATM card (he also mentioned that it's illegal for a bank to knowlingly issue two cards for one account). Again, this would need a police report saying the first card had been lost - lies). In reality I wonder whether this would work. Is it perhaps possible that ATM cards have some not to obvious coding which would render the first card unusable if a second card was issued.

UOB suggested completing a Power of Attorney (UOB has a form) which states clearly that (for joint account - any party can sign) you grant permission for the other signatory to have total control of the account on your death. But is still remains unclear is this is breaking a law?

And there's still the point, as already mentioned, unless you are a high profile customer & unless you tell the bank manager that one party has died, will the bank ever know?

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Someone mentioned that the Thai banks will freeze your account when you die. How does a Thai bank find out when one of their farang account holders dies? I told my wife when I die to just use my ATM card to withdraw whatever money is in the account.

We asked this same question to our bank manager. He said as a practical matter, they may not know. But, remember the death of a foreign national in Thailand is reported to the appropriate consulate or embassy. So much for the bright idea of several Americans I know who have told their Thai wives, "just don't tell the U.S. government that I died and keep drawing the auto-deposited Social Security checks from the American bank account.".

That doesn't work. The consulate will notify all banks immediately of the death of a foreigner and the accounts will be frozen. The hospitals are required to notify the death of a foreigner.

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Someone mentioned that the Thai banks will freeze your account when you die. How does a Thai bank find out when one of their farang account holders dies? I told my wife when I die to just use my ATM card to withdraw whatever money is in the account.

We asked this same question to our bank manager. He said as a practical matter, they may not know. But, remember the death of a foreign national in Thailand is reported to the appropriate consulate or embassy. So much for the bright idea of several Americans I know who have told their Thai wives, "just don't tell the U.S. government that I died and keep drawing the auto-deposited Social Security checks from the American bank account.".

That doesn't work. The consulate will notify all banks immediately of the death of a foreigner and the accounts will be frozen. The hospitals are required to notify the death of a foreigner.

Nonsense !

The consolate will have no idea where bank accounts are and I can't imagine a blanket advice would be sent - I can imagine how the Thais would deal with that !

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I don`t have a will, don`t want one, will never have one.

The house and land in Thailand is in the names of my kids.

My Thai banks accounts are in joint names with myself and girlfriend.

My American, Spanish and UK bank accounts are in joint names between my eldest son and me.

As for the rest of it, vehicles, jewellery, home contents and so on, once I'm gone they can all fight over what's left; I couldn't give a rat's behind.

Next month me and my girlfriend of almost 30 years who has my children and like me is no spring chicken any more, so not likely to run off on a better offer, will be officially tying the knot and getting married. This is for the benefit that the girlfriend will receive a percentage of my company pensions if I happen to peg out first.

This of course has nothing to do with our thaibeachlovers, who prefers to make a will, because everyone's situation is difference. I only mention this as to explain that there are other options and alternatives.

Again, all depends on your situation.

Sigh! It sounds like you don't really care what happens after you croak, but your loved ones' access to your money could be delayed or made more expensive if the joint accounts are frozen upon your death while the courts sort out who really is a lawful heir.

Our joint accounts all have ATM cards. I told my wife to use the cards and withdraw all money in our joint account and all money in my account and deposit it in her own account when I die. She has the pin numbers of all the accounts. My UK and Australians brokers have put all assets in our joint names. Doing this will save a lot of hassle

Don't do it without the back-up of a Will. What if the card gets swallowed by an ATM, gets lost or expires ?

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Someone mentioned that the Thai banks will freeze your account when you die. How does a Thai bank find out when one of their farang account holders dies? I told my wife when I die to just use my ATM card to withdraw whatever money is in the account.

We asked this same question to our bank manager. He said as a practical matter, they may not know. But, remember the death of a foreign national in Thailand is reported to the appropriate consulate or embassy. So much for the bright idea of several Americans I know who have told their Thai wives, "just don't tell the U.S. government that I died and keep drawing the auto-deposited Social Security checks from the American bank account.".

That doesn't work. The consulate will notify all banks immediately of the death of a foreigner and the accounts will be frozen. The hospitals are required to notify the death of a foreigner.

Nonsense !

The consolate will have no idea where bank accounts are and I can't imagine a blanket advice would be sent - I can imagine how the Thais would deal with that !

Or put that another way - surely consulates are not interested, let alone being capable of having any form of up to date data on my / your banking facilities and who can / cannot sign. In other words, embassies and consulates exist for various reasons, but not for updating local banks about deaths, surely.

Or put that another way - do you really think the Bank of Thailand (which is the agency responsible to issue regulations on such matters) is interested in a process to inform every embassy or consulate about every new, changed, who can / cannot sign, or canceled bank accounts held by every foreigner in Thailand? Surely the Bank of Thailand would be focused on other matters, not this one.

Or put it another way - would it not be true that the citizens of many countries (not meaning Thailand) would object strongly to their government (through their consulates or embassies) holding such information?

Edited by scorecard
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The consulate is notified of the death of a foreign national and they will shut down all the government benefits (like Social Security) that the deceased was receiving.

Initially I was thinking that they have no way of knowing about the deceased bank accounts, but then I just remembered the dreaded FBAR reporting that Americans are suppose to submit annually to the IRS if they have more than $10,000 in a non-American account at any time during the year. Oops, that form does require the listing of bank account details. However, many Americans don't bother to file this report and/or may not have more than $10,000 in an overseas account. As a practical matter, I don't know how easy it would be for the consulate to obtain that info from the IRS.

In any event, when we were going thru the process of getting the amphur Will, I asked our branch manager about freezing of joint accounts and he said yes, they do freeze joint accounts upon learning of the death of an account holder. I asked how he would know about the death, and he said that as a practical matter, there isn't a formal mechanism for notification. Instead it's word-of-mouth and what the bank management picks up by being active in the community.

As pointed out, a Will is good insurance that your heirs aren't going to be inconvenienced and that lawyers aren't going to become rich after your death. Better to pay a lawyer while you're still alive to obtain a proper Will if your situation is too complex to be covered by a simple Amphur Will.

But, it is a good idea for a trusted family member or friend know your banking details, know where you keep your ATM cards and the PIN numbers in case you're in an accident and they need to raise funds to pay for your medical care here in Thailand. Just don't count on that system as being the only way to transfer funds once you're dead.

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The consulate is notified of the death of a foreign national and they will shut down all the government benefits (like Social Security) that the deceased was receiving.

A voice of reason. Thanks for that. I didn't want to get into a back and forth with the two others but there is NO WAY the USA is going to pay benefits when a U.S. citizen dies. When my mother died in the USA 20 years ago, Social Security knew within 24 hours that she had died and stopped her benefits.

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My wife's friend (called pii saao but more like a god mother) is married to a European guy and they went to the Amphur here in Chiang Mai to register wills online. They don't have much other than his savings and and her house (not paid for by him). All they wanted to do was (1) leave everything to the other spouse if they died alone (2) split everything between their daughter and the wife's mother if they died together. The lady at the Amphur they talked to said that she could not leave the house to her husband. He of course thought that it was possible to do so and that he would have a year to dispose of the house, more than likely putting it in their daughter's name. The lady said that they could not do that so he asked to speak to the head of the office. The head man also explained that the wife could not leave the house to her husband. Seems like it was an extended conversation.

So do you have to do your own written will to do this? The topic of leaving Thai property to a non-Thai seems to have been beaten to death on TV but this story about the Amphur was surprising to me.

What exactly can you do with the online will at the Amphur?

This brings up another question. What happens in the case of a mortgage in a Thai spouse's name that is guaranteed by the non-Thai spouse? What happens if the Thai spouse dies first? Does the mortgage get passed to whoever inherits the house? Or does a new mortgage have to be negotiated? This seems like it could be a bit of a problem if a mortgage can only be guaranteed by a spouse.

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Our joint accounts all have ATM cards. I told my wife to use the cards and withdraw all money in our joint account and all money in my account and deposit it in her own account when I die.

Kinda clumsy if dealing with large amounts, requiring multiple withdrawals. Having internet banking, with all accounts under a single Ibanking entity, would make a few key strokes solve the problem. Or, even having all accounts tied as "3rd party" accounts would also suffice for internet transfer.

Seems there is nothing definitive about how joint accounts are handled in Thailand upon death. They aren't labelled "joint tenants with right of survivorship" (JTWROS). Nor can individual accounts have a designated beneficiary (Pay on Death; Totten Trusts). Our bank (Bangkok Bank) said our joint account could be accessed by the surviving party, and would not be frozen, as it was setup for an either/or signature. But, as Nancy indicates, you might find a different result -- at a not-very-convenient time. So, yes, having your spouse advised to first move the money, then call the undertaker -- is sound advice. Can't see any legal difficulties -- if that money was designated by your Will to go to your spouse.

I don`t have a will, don`t want one, will never have one. My Thai banks accounts are in joint names with myself and girlfriend.

Well, beetlejuice, suggest you take 5 minutes, while you sip your beer, and write-out in your own hand your desires on who gets what. Sign it and date it. No erasures, please. Holograph wills *are* accepted in Thailand. No witnesses required. (However, I'd also get two non-benificiary witnesses to sign anyway. And, better yet, have someone translate your English into Thai -- which will have to be witnessed. Then, attach the two together.) As it is, if you run into the need for probate, your girlfriend, as not being a statutory heir, might get nothing -- including your half of the joint account.

The lady at the amphur said we'd need to execute new Wills if we get new bank accounts. As I said in my original post on the subject, the simple amphur will is just that -- rather simple

Actually, what the lady said says it's not so simple -- if required to be too detailed in listing assets -- as every time some detail in the Will changes, you have to revisit the Amphur. We tried to do a "I leave everything I own to my spouse" Will at the Amphur. But, were told we needed a lot more details. So, we walked.

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He of course thought that it was possible to do so and that he would have a year to dispose of the house, more than likely putting it in their daughter's name. The lady said that they could not do that so he asked to speak to the head of the office. The head man also explained that the wife could not leave the house to her husband. Seems like it was an extended conversation.

The desires of your spouse are what are dictated in her Will. With my Thai wife, her Will states something like, "I leave all my possessions to my husband, JimGant. If, however, Thai law precludes him from taking title to my land, he has the option to sell the land and retain the proceeds. Or, he can designate A, B, or C to take title to the land for his benefit."

A, B, and C are her nieces. I'll have one year to either sell the land, or have a niece take title. Selling means I'm moving on. A niece means I'm staying put.

The 30-year lease is the defining piece of paper, as the nieces know there's no value involved -- until I croak -- and the property is then free and clear. By the same token, no one would buy the land, unless I agreed to abrogate the lease immediately.

Naming a non relative to take title, should the Will allow, would also allow you to live on the land for the lease's duration. However, upon termination of the lease at the end of the 30 years (or abrogation), the "non relative" would now be owner of the land, free and clear. Thus, naming who should take title means looking ahead at who eventually inherits the land. So, the option of title inheritance makes more sense to be limited to one of my wife's nieces (or other suitable relative). [And, of course, the smart Thai wife will put the lid -- via restrictions in her Will -- on any outcomes of sniffing the woods after her demise. :rolleyes:]

As for Amphur involvement with the above situation, I'm not sure of the advantages. From what grin says, it sounds like the Amphur will only list definite outcomes (i.e, it won't list a "if Thai law allows" potential outcome).

For sure, the Will will have to be probated -- or similar -- to allow me to go to the land office to re-title my dead wife's property over to my niece (or a stranger, should I choose to sell, and leave Dodge). Would a Will on file at the Amphur be helpful (vs. a hired lawyer)? I dunno. But, presumably, I can't just march into the land office, with just a Will in my hand, to do the re-titling..... Thus, either a retained lawyer -- or the Amphur -- will have to be involved. Right now, as I've opted out of the Amphur route, it will have to be a retained lawyer. (Any comments on that decision greatly appreciated.)

As far as mortgage implications, I don't know.

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I hate to rain on everyone's parade, but making a will is free. I have been dealing with probate on and off for 30 years.

All you need is proof that you signed it (anyone can witness, but you might want to have someone you know or if you don't know anyone, a notary).

Actually, you don't even need anyone to witness, but then your heirs will have to agree that it is, in fact, your will executed by you and not under any duress. Given that we are talking about a Thai woman here, I think that option is out.

Remember, I am saying that a will is valid regardless of where it is written -- on a form or the back of your cable TV bill. What is important is what you put in it. Certainly how properties are held and so on is something you need to address.

But to answer the OP (and for future reference) you don't need any form to complete a valid will, nor do you have to pay anyone for making one.

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"Someone mentioned that the Thai banks will freeze your account when you die. How does a Thai bank find out when one of their farang account holders dies? I told my wife when I die to just use my ATM card to withdraw whatever money is in the account."

"We asked this same question to our bank manager. He said as a practical matter, they may not know. But, remember the death of a foreign national in Thailand is reported to the appropriate consulate or embassy. So much for the bright idea of several Americans I know who have told their Thai wives, "just don't tell the U.S. government that I died and keep drawing the auto-deposited Social Security checks from the American bank account."."

"That doesn't work. The consulate will notify all banks immediately of the death of a foreigner and the accounts will be frozen. The hospitals are required to notify the death of a foreigner."

Nonsense !

"The consolate will have no idea where bank accounts are and I can't imagine a blanket advice would be sent - I can imagine how the Thais would deal with that !

Or put that another way - surely consulates are not interested, let alone being capable of having any form of up to date data on my / your banking facilities and who can / cannot sign. In other words, embassies and consulates exist for various reasons, but not for updating local banks about deaths, surely.

Or put that another way - do you really think the Bank of Thailand (which is the agency responsible to issue regulations on such matters) is interested in a process to inform every embassy or consulate about every new, changed, who can / cannot sign, or canceled bank accounts held by every foreigner in Thailand? Surely the Bank of Thailand would be focused on other matters, not this one.

Or put it another way - would it not be true that the citizens of many countries (not meaning Thailand) would object strongly to their government (through their consulates or embassies) holding such information?"

Put it better than I did !

The answer is still the same - it would not happen.

Edited by sbk
fixed quotes, please don't post iquotes if you are going to mess it up
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I hate to rain on everyone's parade, but making a will is free. I have been dealing with probate on and off for 30 years.

All you need is proof that you signed it (anyone can witness, but you might want to have someone you know or if you don't know anyone, a notary).

Actually, you don't even need anyone to witness, but then your heirs will have to agree that it is, in fact, your will executed by you and not under any duress. Given that we are talking about a Thai woman here, I think that option is out.

Remember, I am saying that a will is valid regardless of where it is written -- on a form or the back of your cable TV bill. What is important is what you put in it. Certainly how properties are held and so on is something you need to address.

But to answer the OP (and for future reference) you don't need any form to complete a valid will, nor do you have to pay anyone for making one.

The whole point of a Will is not about how it is written, but how effective it is.

In a situation where the estate is simple and the Will is unlikely to be contested, the back of a fag packet is perfectly OK. If there is any liklihood of complications in carrying out the testator's wishes then advice should be sought (and paid for).

I have just been involved where a Will was 100% 'correctly' drawn up. However, the testator wishes will not be carried out because he failed to take account of the requirements of 'adequate provision'.

This is from the HMRC website in the UK:-

IHTM12044 - Wills: formalities required to make a valid will

A will must be in writing unless it is a privileged will ( IHTM12046) but no special form of words is required. It can be hand-written or typed

The testator or testatrix ( IHTM12001) must sign the will. The courts will accept as a signature whatever mark was intended to be their signature, and this can include a cross or other mark. Normally a signature is made at the end of the will but if the will is signed elsewhere it can still be valid.

The testator or testatrix intends by their signature to give effect to the will.

The testator or testatrix’s signature must be witnessed by at least two witnesses. They must both be present at the same time when the testator or testatrix signs the will. The witnesses must acknowledge the signature in the presence of the testator or testatrix though not necessarily in the presence of each other.

The position of the witnesses’ signatures is immaterial. However if the signatures are not on the same paper as the will they must be on a paper physically connected with it.

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Since it's so confusing, why not draw all the money out, put it in a butter cookies can and placed it below your pillow? So every night you can smell the money? No need will, no need ATM and bank book. As simple as that. Or the OP is trying to help out his lawyer friend to make more biz? OM...this world is so confusing!!??

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I hate to rain on everyone's parade, but making a will is free. I have been dealing with probate on and off for 30 years.

All you need is proof that you signed it (anyone can witness, but you might want to have someone you know or if you don't know anyone, a notary).

Actually, you don't even need anyone to witness, but then your heirs will have to agree that it is, in fact, your will executed by you and not under any duress. Given that we are talking about a Thai woman here, I think that option is out.

Remember, I am saying that a will is valid regardless of where it is written -- on a form or the back of your cable TV bill. What is important is what you put in it. Certainly how properties are held and so on is something you need to address.

But to answer the OP (and for future reference) you don't need any form to complete a valid will, nor do you have to pay anyone for making one.

True, there is no requirement that a will must be written on an official format or must be prepared at an Amphur office, or must be prepared by a lawyer, etc., and yes you can construct the written messages yourself. But it is important that you construct the words carefully so that the message is not ambiguous in some way and cannot be misinterpreted by others to have a different meaning.

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I got my Thai will from an online Thai lawyer, have it as a word file so it can be amended as required. A couple of things that may be of help for others are: 1/ Will is in English and Thai and states in case or discrepancy the english version takes precedence, saves problems with translations. 2/ The will is specifically limited to the assets within the Kingdom of Thailand. My Australian will has the proviso only deals with assets within Australia. My daughter has Power of Attorney for my bank account in Singapore. Covers all the bases I think. Will has been witnessed by 2 persons, one copy in Thailand and one copy in Australia.

As a bit of life experience my Australian wife died a couple of years ago, her will was fully legal and updated 2 weeks before she died. I have just last week completed the last step in closing off the estate. In the ensuing time period I have been put through hoops by just about every institution I have had to deal with, the Australian banks being the biggest requestors for extra uneccesary documentation to "meet their requirements" note nothing on legal requirements. I eventually got annoyed did some research and found out the legal requirements, on request for extra's my reply was "certainly, as is not a legal requirement there will be a service fee of $100 per page, in advance". Amazing how many times (100%) the extra requiremnt was dropped. Anyway having had to deal with being the surviving dependant side of a death has made me very careful to ensure my paperwork is as I want and up to date, as I am sure the only winners where this is not the case will be the lawyers.

Cheers

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1/ Will is in English and Thai and states in case or discrepancy the english version takes precedence, saves problems with translations.

Sorry, just like you can't have a lease run for more than 30 years, since it contravenes Thai law, any Will executed in Thailand the Thai language will take precedence, no matter what you may say or state in your instructions. Just like a Will written by a Thai in the Thai language probated in England will not take precedence over English, that is the reason they must be in both languages

You are correct that you should state that the Thai Will only covers your property in Thailand only since the Thai courts will only have jurisdiction on assets in their country

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LM, the work computer is doing strange things to quotes so just a straight reply.

Interesting comment about the language preference that does make sense. That came from the Thai lawyer not me, and I assumed a lawyer would know the law :whistling:

I know that you can get an Australian will to talk about Thailand and vice versas, however everything I read said it would be a problem the lawyers would love to solve and pre book the new BMW/Mercedes on the strength of getting the brief. Basically everything I found said the will would be completed when the money ran out and the estate would be consumed in assorted fees and charges from lawyers and government agencies. Maybe right maybe urban myth, but having been involved in will execution was looking for an easy path, so separate wills is the apparently easy way.

A couple of other things to throw out there now that I have have some doubts about the will. Both make some sort of sense, but why not put it out there for comment. The first is that I had to nominate a primary and secondary beneficiary. This is not a real problem and I have nominated a reputable Thai charity for the secondary. The reason given was in case of the primary nominee predeceasing or being unable to legally claim.

The second item was that all pages have to be numbered as part of a sequence (1 of 5 etc), signed and witnessed. The reason given to prevent inclusion of pages. This one is pretty sensible and is more of a guide for others who are doing their own will.

I laughed a bit at the comparison to the 30 year lease, as based on family history and barring unforseen events that is about when the document will be required.

Cheers

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, any Will executed in Thailand the Thai language will take precedence, no matter what you may say or state in your instructions. Just like a Will written by a Thai in the Thai language probated in England will not take precedence over English, that is the reason they must be in both languages

That could be tricky, particularly for a holographic Will, written in my own hand, in English. Obviously, it's the original document -- and the only translation errors could occur in the Thai copy. So, to then say the Thai version (which again is a copy, not the original) takes precedence, sounds ludicrous.

Now, if I say in the original that the Thai copy will take precedence, then maybe it would. (But one contesting the Will could sure make a strong case in court that it shouldn't, particularly if it's obvious the translation has missed the fine points of the original.)

From the sample Will found on Thai Law Online, the following is included:

This Last Will and Testament is made in both English and Thai language. In the case of any discrepancy between the English language and Thai language, the English language shall be used for interpretation.

So, apparently you can designate which language takes precedence -- at least according to one law office.

Anyway, interesting point of law. But, for simple Wills like we have ("I leave everything to my spouse"), there's little room for interpretation errors in the translation. (However, better go check that the the Thai word for "spouse" hasn't somehow been replaced with the word for "lawyer" :blink: )

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Maybe this will clarify things:

Civil and Commercial Code

Section 14: Whenever a document is executed in two versions, one in the Thai language , the other in another language, and there are discrepancies between the two versions, and it cannot be ascertained which version was intended to govern, the document executed in the Thai language shall govern.

So, yes, if you designate that the English version prevails, apparently it will. But, conversely, if you don't designate the English version to prevail, then the Thai "copy" of your English original will take precedence. Hmmmm.

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Maybe this will clarify things:

Civil and Commercial Code

Section 14: Whenever a document is executed in two versions, one in the Thai language , the other in another language, and there are discrepancies between the two versions, and it cannot be ascertained which version was intended to govern, the document executed in the Thai language shall govern.

So, yes, if you designate that the English version prevails, apparently it will. But, conversely, if you don't designate the English version to prevail, then the Thai "copy" of your English original will take precedence. Hmmmm.

Thanks for that clarification of the prevailing language, so it appears that clause referencing english as the prevailing language is legal then. You have restored my trust in lawyers, though perhaps with the mention of spouse being replaced with lawyer the trust is back in the balance again :rolleyes:

Cheers

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Since it's so confusing, why not draw all the money out, put it in a butter cookies can and placed it below your pillow? So every night you can smell the money? No need will, no need ATM and bank book. As simple as that. Or the OP is trying to help out his lawyer friend to make more biz? OM...this world is so confusing!!??

Hmmmmm Guess you missed post #3 when I said <For starters it can't be in a shared account as it is "stewing" for my retirement extension.>

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