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[frankpelagic]

I have a will created by a lawyer in Pattaya Tai. (Condo, cash and car).

I paid 10,000 baht for it, and the only beneficiary is my Thai wife. When it was made, we were not married, and her maiden name was used. Now all her documentation is in her married name. I asked the lawyer whether we ought to change the will to reflect the new name. He said we should, and he wanted 5000 baht to do so - just to change one word.

I think this is a ridiculous amount for just one word change.

Does anyone think the name needs to be changed, or will the marriage certificate etc suffice?

[craigt3365]

I'm no expert, but if I am not mistaken, upon your demise, everything goes to your wife. No questions asked. A will is good if you want something different than this to happen, or if you are not married.

My father passed a few yeas ago, in the US, with no will. I handled everything and it was easy (paperwork wise). Just needed a death certificate and got everything in my mother's name only. Bank accounts, car, home, investments, etc.

Also, think this belongs over in the business and investment forum. Topic Moved.

[BigJohnnyBKK]

Also note that AFAIK there is no need to get a lawyer involved in helping you write a will.

Just as back home, a handwritten letter will do, although I imagine in Thailand having a certified translation into Thai, and having witnesses will help.

In the case of your current document, just hand-cross our her maiden name and write her current one above it. Initial the change and have a witness sign and date the change.

But IMO all this is completely unnecessary as it would be obvious to a court who the will names, and a legal name change won't nullify the document.

Plus what Craig said.

[ThailandInvestmentGuide]

5,000 to change the name IS a rip-off, more so considering you got done for 10k the first time around. Send him a letter declining his offer and advising him that you have changed your copy to reflect your wife's new name, and providing him with a revised copy for his records. Also advise anyone else who has a copy of the original Will.

You can either insert the new name using black pen (and crossing out the old name) and have all parties initial and date the change OR simply re-type the entire document using the correct name and then sign and have witnessed. Make sure this revised version has a clause saying it supercedes any earlier version (a standard clause that may well already be in the document you have).

I think that anything you can do which reduces the scope for misunderstanding, conflict, and possible challenges to the Will by anyone anytime ... is a step worth taking. I think it's sensible to use a lawyer to do it first time around ... but in this case it's probably fairly safe to do it yourself.

Another point worth making is that the correct wording and format for Wills changes over time ... it is not a static set-and-forget document .. every Will needs to be reviewed every few years ... not just in terms of who gets what, but also to take account of changes in law and legal precedent.

Is it essential to do so? Maybe yes, maybe no. Can you see into the future? If not, my advice would be to play it safe and reduce the likelihood of messy problems for those left behind.

(PS: I am not a lawyer - this is a personal opinion only)

Edited May 15, 2012 by ThailandInvestmentGuide

[Beetlejuice]

So why all the hassle?

All the OP needs to do is, put the condominium into joint ownership between him and his wife, transfer monies into joint bank accounts and the car is hardly a concern considering what it`s value will be in the foreseeable future.

My question is; does the OP trust his wife?

If not: Thai law states that in the cases of no wills, the next of kin of the deceased is heir to the estate, but of course this is Thailand, so to be on the safe side, my advice is pay the money and amend the will.

[craigt3365]

So why all the hassle?

All the OP needs to do is, put the condominium into joint ownership between him and his wife, transfer monies into joint bank accounts and the car is hardly a concern considering what it`s value will be in the foreseeable future.

My question is; does the OP trust his wife?

If not: Thai law states that in the cases of no wills, the next of kin of the deceased is heir to the estate, but of course this is Thailand, so to be on the safe side, my advice is pay the money and amend the will.

Don't waste your money. If you want your assets to go to your wife, you don't have to do anything. If you want your assets to go to somebody OTHER than your wife, do a rock solid will. Even then, good luck.

[frankpelagic]

Beetlejuice, this has nothing to do with whether I trust my Thai wife or not. If you read my post, I was asking for advice on whether I need a name change on the will, thats all. I am sure that there are many people who reading this who have, or know someone who has had their pants pulled down by someone they trust here in LOS. It's not worth the risk, she will get the lot when I fall off my perch, but until then, she needs to be nice to me. I am not into removing incentives or motivators.