Amphur Will

[loong]

Some time back in one of the threads, somebody posted about getting a simple will drawn up and registered at the Amphur office.

I went to the Amphur today in order to make sure that my other half will be able to legally access the balance in my Thai bank account in the event that I die.

Relatively painless, took about an hour and cost 150 Baht.

Whoever it was that made the post about this, thank you very much

[sotsira]

With this Amphur Will,

in the event of your death, how would it be executed by your partner?

Would lawyers need to get involved?

Or would she be able to deal with each asset in the will herself independently? ie. your bank,

your property with the land office, etc.

[loong]

I don't believe that she will need to involve lawyers. She would present the document to the bank with a death certificate and they will probably check with the Amphur office.

I don't own any property, my only asset in Thailand is the cash in my bank account.

I think that they will make this document at the Amphur for up to 3 specific items. ie the actual bank account number is specified.

If I were to open another bank account, she would be unable to access it with this document.

She knows my ATM number and sometimes draws cash for me if I'm not going out. I had told her that if I die, she is to take the card and drain the account as quickly as possible. But I realise that there are 2 drawbacks. 1. She could be prosecuted as it is illegal. 2. If I die in an accident or something and my wallet gets stolen, she would be unable to use the card.

This is just a cheap and easy way to make sure everything is legal and that she will get my Thai cash when I'm gone.

Anything more complicated, with a lot of assets and if more than one beneficiary, it is probably best to use a lawyer.

[chiang mai]

I just had my Thai will drawn up by a lawyer here and the process after death is:

the executor applies to the courts for administration of the will and that is granted as long as there is a death certificate and a valid will. So, yes a lawyer is needed before ownership of the bank accounts can be transitioned.

[giddyup]

What's the policy on a joint bank account, does my partner have the right to remove all monies from the account in the event of my death, or is the account frozen? Who would actually advise the bank of your death anyway, who other than your partner would even know the details of your account?

Edited November 20, 2012 by giddyup

[giddyup]

I just had my Thai will drawn up by a lawyer here and the process after death is:

the executor applies to the courts for administration of the will and that is granted as long as there is a death certificate and a valid will. So, yes a lawyer is needed before ownership of the bank accounts can be transitioned.

Sounds like the beneficiary is then at the mercy of whatever outrageous fee the lawyer wants to charge.

[chiang mai]

What's the policy on a joint bank account, does my partner have the right to remove all monies from the account in the event of my death, or is the account frozen?

Your partner should still have access to a joint account.

[The Pundit]

"my other half will be able to legally access the balance in my Thai bank account in the event that I die."

Do you think you'll make it through the night?

[giddyup]

What's the policy on a joint bank account, does my partner have the right to remove all monies from the account in the event of my death, or is the account frozen?

Your partner should still have access to a joint account.

Then there's probably no reason for me to make out a will.

[chiang mai]

What's the policy on a joint bank account, does my partner have the right to remove all monies from the account in the event of my death, or is the account frozen?

Your partner should still have access to a joint account.

Then there's probably no reason for me to make out a will.

All your assets would need to be in joint names, not only bank accounts but things such as cars/bikes/real estate, everything. Also, perhaps most importantly, there would need to be zero chance that somebody else could come along and lay ownership to your assets under Thai law - there's an odd chain of people who are entitled to claim against your Thai estate if you don't have a will that goes something like parents, children, brothers and sisters and so on.

[giddyup]

In that case I guess a will is probably in order.

[chiang mai]

I paid 5k baht for mine which gave me three copies in English, the signing process was also video'd and recorded to verify that I had not signed under duress, excellent value I reckon. It's also important to ensure that the Thai and any overseas wills do not conflict and are supportive of each other.

[giddyup]

I paid 5k baht for mine which gave me three copies in English, the signing process was also video'd and recorded to verify that I had not signed under duress, excellent value I reckon. It's also important to ensure that the Thai and any overseas wills do not conflict and are supportive of each other.

Was that in Pattaya? I have had a couple of friends who have been quoted 10,000 and 15,000 baht by lawyers here, more than I would pay in Australia.

[The Pundit]

I paid 5k baht for mine which gave me three copies in English, the signing process was also video'd and recorded to verify that I had not signed under duress, excellent value I reckon. It's also important to ensure that the Thai and any overseas wills do not conflict and are supportive of each other.

Was that in Pattaya? I have had a couple of friends who have been quoted 10,000 and 15,000 baht by lawyers here, more than I would pay in Australia.

Did you read his username?

Edited November 20, 2012 by The Pundit

[giddyup]

I paid 5k baht for mine which gave me three copies in English, the signing process was also video'd and recorded to verify that I had not signed under duress, excellent value I reckon. It's also important to ensure that the Thai and any overseas wills do not conflict and are supportive of each other.

Was that in Pattaya? I have had a couple of friends who have been quoted 10,000 and 15,000 baht by lawyers here, more than I would pay in Australia.

Did you read his username?

You mean chiangmaikelly from Pattaya?

Edited November 20, 2012 by giddyup

[chiang mai]

I paid 5k baht for mine which gave me three copies in English, the signing process was also video'd and recorded to verify that I had not signed under duress, excellent value I reckon. It's also important to ensure that the Thai and any overseas wills do not conflict and are supportive of each other.

Was that in Pattaya? I have had a couple of friends who have been quoted 10,000 and 15,000 baht by lawyers here, more than I would pay in Australia.

Strangely enough, no!

[mrtoad]

"my other half will be able to legally access the balance in my Thai bank account in the event that I die."

Do you think you'll make it through the night?

He's managed 40 minutes, so he's not done too bad

[loong]

"my other half will be able to legally access the balance in my Thai bank account in the event that I die."

Do you think you'll make it through the night?

Took longer than I expected for a reply like this

I actually said to her that she can kill me now and she replied that she'd rather have me around for many more years dripping in money than a lump sum that would bring the family/friends/vultures running.

She knows that although a million Baht or so would seem a huge amount to have, with her money management skills it probably wouldn't last as long as she would expect.

Mind you, I haven't told her what provision I have made for her in my UK will. Don't want to put too much temptation in her way

[Songhua]

"my other half will be able to legally access the balance in my Thai bank account in the event that I die."

Do you think you'll make it through the night?

Took longer than I expected for a reply like this

I actually said to her that she can kill me now and she replied that she'd rather have me around for many more years dripping in money than a lump sum that would bring the family/friends/vultures running.

She knows that although a million Baht or so would seem a huge amount to have, with her money management skills it probably wouldn't last as long as she would expect.

Mind you, I haven't told her what provision I have made for her in my UK will. Don't want to put too much temptation in her way

My wife's been beneficiary to my will, life insurance policies, superannuation funds and defence pension for the past twenty years ... and she hasn't killed me once. Gawd knows why, but she says she likes having me alive.

Seriously though, thanks for the thread OP. It's of great interest, particularly to someone like us planning on moving back to LoS shortly. I've read other related topics here on TV but wasn't aware of this simple Amphur procedure covering assets in Thailand. It might be useful as at least some sort of security for new arrivals until they find their feet.

[colinneil]

You do not need alawyer if you have your will registered in the ampher anybody who says you do is talking rubbish.

[chiang mai]

You do not need alawyer if you have your will registered in the ampher anybody who says you do is talking rubbish.

Please read post #4 to understand the need for a lawyer.

[colinneil]

There is no need for a lawyer if your will is registered with amphur, i have checked this with my bank manager and boss at amphur

[loong]

"my other half will be able to legally access the balance in my Thai bank account in the event that I die."

Do you think you'll make it through the night?

Took longer than I expected for a reply like this

I actually said to her that she can kill me now and she replied that she'd rather have me around for many more years dripping in money than a lump sum that would bring the family/friends/vultures running.

She knows that although a million Baht or so would seem a huge amount to have, with her money management skills it probably wouldn't last as long as she would expect.

Mind you, I haven't told her what provision I have made for her in my UK will. Don't want to put too much temptation in her way

My wife's been beneficiary to my will, life insurance policies, superannuation funds and defence pension for the past twenty years ... and she hasn't killed me once. Gawd knows why, but she says she likes having me alive.

Seriously though, thanks for the thread OP. It's of great interest, particularly to someone like us planning on moving back to LoS shortly. I've read other related topics here on TV but wasn't aware of this simple Amphur procedure covering assets in Thailand. It might be useful as at least some sort of security for new arrivals until they find their feet.

Don't thank me

I wish that I could find the thread and the poster that passed this information originally.. If the person who posted about this and recognises him/herself has a link to the thread, please let yourself be known as you deserve the credit

[topt]

"my other half will be able to legally access the balance in my Thai bank account in the event that I die."

Do you think you'll make it through the night?

Took longer than I expected for a reply like this

I actually said to her that she can kill me now and she replied that she'd rather have me around for many more years dripping in money than a lump sum that would bring the family/friends/vultures running.

She knows that although a million Baht or so would seem a huge amount to have, with her money management skills it probably wouldn't last as long as she would expect.

Mind you, I haven't told her what provision I have made for her in my UK will. Don't want to put too much temptation in her way

My wife's been beneficiary to my will, life insurance policies, superannuation funds and defence pension for the past twenty years ... and she hasn't killed me once. Gawd knows why, but she says she likes having me alive.

Seriously though, thanks for the thread OP. It's of great interest, particularly to someone like us planning on moving back to LoS shortly. I've read other related topics here on TV but wasn't aware of this simple Amphur procedure covering assets in Thailand. It might be useful as at least some sort of security for new arrivals until they find their feet.

Don't thank me

I wish that I could find the thread and the poster that passed this information originally.. If the person who posted about this and recognises him/herself has a link to the thread, please let yourself be known as you deserve the credit

Wasn't me but do you mean this thread pinned in the Pattaya section? - http://www.thaivisa.com/forum/topic/447336-will-advice/

Languesan Man (spelling?) i think mentions it very early on?

[chiang mai]

There is no need for a lawyer if will is registered with amphur. I have checked this out ,with my bank and boss at amphur.

So you think that a beneficiary can walk into a bank waving just the deceased's bank book and a copy of the Amphur Will and say, it's mine, give me the money? Good luck with that, I'm pretty certain you will need a court order before the bank can change the name on that account and give you access.

[colinneil]

not just walk in the bank as i have already said check with bank manager ,my bank have it in writing ,on their computer system.

[chiang mai]

As much as you may dilike the idea of using lawyers I would strongly recommened you check the legal position on this because I'm absolutely certain you've been gievn bad advice. There is simply no way the mere exitence of an Amphur Will alone will smooth the transition of a Will, without the need for a court order, if that were the case everyone would write Ampher Wills and nobody would use the legal system since it would eliminate a huge part of the Will process and that just doesn't make sence. Perhaps someone who has been the beneficiary of a Will in Thailand can comment.

[Semper]

Would it be possible to register the will at your embassy?

[chiang mai]

I'm sure that's probably possible but where the Will is registered doesn't have a bearing on its execution, regardless of whether it's with a lawyer, at the Amphur or at an embassy, the process is always going to be the same. The Will needs an Executor and it needs approval to enter administration (aka approval to be executed), that approval is only likely to be given where there is a valid death certificate in evidence and a recognised Will AND an Executor, frankly the only authority that can sanction that is a court and quite rightly too. Now, that's the process as explained to me by lawyers in Chiang Mai, let's see if anyone else with first hand knowledge of Will execution can add to this.

[giddyup]

I'm sure that's probably possible but where the Will is registered doesn't have a bearing on its execution, regardless of whether it's with a lawyer, at the Amphur or at an embassy, the process is always going to be the same. The Will needs an Executor and it needs approval to enter administration (aka approval to be executed), that approval is only likely to be given where there is a valid death certificate in evidence and a recognised Will AND an Executor, frankly the only authority that can sanction that is a court and quite rightly too. Now, that's the process as explained to me by lawyers in Chiang Mai, let's see if anyone else with first hand knowledge of Will execution can add to this.

Did your lawyer say how much they charge to administer the will after your death? I don't trust lawyers one little bit, especially in Thailand, and I can see them ripping off one's partner significantly if they can get away with it.