Making A Valid Will Without A Lawyer

[Simbo]

I have been told, one can make a valid will, acceptable in Thai law, by taking a translated version to the Amphur office. They will witness and duly stamp it for a small fee. This, of course refers to property in Thailand. True or false ?

I understand, poor people, who cannot afford expensive lawyers do this.

[Flatouthruthefog]

As a poor person who cannot afford a lawyer (having lost a total of 107,000b to 2 crooked Chiang Mai lawyers over the years), here is what I have gleaned from several, hopefully reliable, sources.

Any Will in Thailand is valid if it is in Thai OR English. No other language. If it's English you don't need a Thai translation.

The whole Will must be written in your own handwriting, not simply the signature. It must be dated and carry your Thai home address.

It must be dated and be witnessed by TWO people (ideally Thai) who write their names, their full addresses and their signatures.

Under Thai law an Executor CAN be a beneficiary, unlike UK law for example.

It must only relate to your belongings and/or bank accounts in Thailand. Any assets outside Thailand need to be covered by another Will which does NOT contradict the Thai one in any way.

I admit to not knowing what authority 'certifies' or keeps this Will safely on your behalf, if not a Thai lawyer you can trust. After almost 2 decades here I trust TWO in Chiang Mai.

This is my best shot and I am happy to be corrected by those who are qualified and/or know better.

[Darrel]

Under Thai law an Executor CAN be a beneficiary, unlike UK law for example.

An executor certainly can be a beneficiary under English law. I did it twice.

[yermanee]

There's a pinned topic in the Pattaya sub-forum : http://www.thaivisa....36-will-advice/

Some interesting points raised there. Have a look.

Yermanee

Edited June 24, 2012 by yermanee

[topt]

Under Thai law an Executor CAN be a beneficiary, unlike UK law for example.

An executor certainly can be a beneficiary under English law. I did it twice.

Yes under English law I think it is a witness who cannot be a beneficiary.

[sandgroper2]

As a poor person who cannot afford a lawyer (having lost a total of 107,000b to 2 crooked Chiang Mai lawyers over the years), here is what I have gleaned from several, hopefully reliable, sources.

Any Will in Thailand is valid if it is in Thai OR English. No other language. If it's English you don't need a Thai translation.

The whole Will must be written in your own handwriting, not simply the signature. It must be dated and carry your Thai home address.

It must be dated and be witnessed by TWO people (ideally Thai) who write their names, their full addresses and their signatures.

Under Thai law an Executor CAN be a beneficiary, unlike UK law for example.

It must only relate to your belongings and/or bank accounts in Thailand. Any assets outside Thailand need to be covered by another Will which does NOT contradict the Thai one in any way.

I admit to not knowing what authority 'certifies' or keeps this Will safely on your behalf, if not a Thai lawyer you can trust. After almost 2 decades here I trust TWO in Chiang Mai.

This is my best shot and I am happy to be corrected by those who are qualified and/or know better.

If its in english, you need a thai translation,It doesnt have to be in your own handwriting,typewritten ok. Copies of passports of people living outside thailand if they in the will. Some people get it so wrong. Anyway, its all been covered here before.

[harrry]

You do not need a THai translation.

You however may benefit from enclosing a certificate from a Thai Doctor that you are of sound mind, and I am not joking about that..

[edwinclapham]

You do not need a THai translation.

You however may benefit from enclosing a certificate from a Thai Doctor that you are of sound mind, and I am not joking about that..

I wonder which Doctor would to commit to that certificate judging by what I see on here on occasions

[harrry]

You do not need a THai translation.

You however may benefit from enclosing a certificate from a Thai Doctor that you are of sound mind, and I am not joking about that..

I wonder which Doctor would to commit to that certificate judging by what I see on here on occasions

I wonder too. Bit it is a requirement if you want to declare a will before the head of the Amphur and will help in executing the will. Don't worry remember they will give a drivers licence medical if someone is breathing....even a little.

[edwinclapham]

You do not need a THai translation.

You however may benefit from enclosing a certificate from a Thai Doctor that you are of sound mind, and I am not joking about that..

I wonder which Doctor would to commit to that certificate judging by what I see on here on occasions

Don't worry remember they will give a drivers licence medical if someone is breathing....even a little.

classic!

[sandgroper2]

You do not need a THai translation.

You however may benefit from enclosing a certificate from a Thai Doctor that you are of sound mind, and I am not joking about that..

I did my will, and helped a mate with his 2 months ago here in pattaya, translation required, so, guess the laws have changed since then.

[sandgroper2]

You do not need a THai translation.

You however may benefit from enclosing a certificate from a Thai Doctor that you are of sound mind, and I am not joking about that..

I wonder which Doctor would to commit to that certificate judging by what I see on here on occasions

Don't worry remember they will give a drivers licence medical if someone is breathing....even a little.

classic!

No joke, the letter from doctor was also required.

[harrry]

You do not need a THai translation.

You however may benefit from enclosing a certificate from a Thai Doctor that you are of sound mind, and I am not joking about that..

I did my will, and helped a mate with his 2 months ago here in pattaya, translation required, so, guess the laws have changed since then.

A will can be in any language but will need to be translated for probate etc,. If it is written in thai there is no argument however translations may not reflect what you want and the thai language will take precedence.

[ThaidDown]

You however may benefit from enclosing a certificate from a Thai Doctor that you are of sound mind,

(my emphasis)

Well, according to some on this forum, such a certificate could not be issued to anybody married to a Thai.

Seriously the pinned topic covers making a will.

[harrry]

You however may benefit from enclosing a certificate from a Thai Doctor that you are of sound mind,

(my emphasis)

Well, according to some on this forum, such a certificate could not be issued to anybody married to a Thai.

Seriously the pinned topic covers making a will.

Section 1654. The capacity of the testator must be considered only as at the time when the will is made.

The capacity of the legatee must be considered only as at the time when the testator dies.

This is the section of the civil code related to wills that the doctor's certificate is meant to cover. If this has not been done on probate the court must consider whether or not te person was capable. Seriously it is important and is not something to be laughed about. The security of those you love may be affected by this. At the very least it will involve further expense at the time of your death at a time when your family has enough problems.

Edited June 26, 2012 by harrry