Amphur Will

[scorecard]

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.

Sorry but I don't think it's all that simple.

Several years back my adult Thai son and I did some serious checking on all of this before my will was updated. I share the following points:

- The Bank of Thailand has rules and regulations about this matter, but they are largely ignored by all Thai banks.

- All Thai banks have their own policies on this subject, some make it easy, some require that the person claiming the funds must in all cases give the bank a copy of the court document indicating that the will has been sequestrated by the court.

- Some banks allow local managers to make their own local rules on this subject. (And I'm aware of one case where the local bank manager suggested that he personally hold several signed withdrawal slips with no dates or amounts stated.)

- In this thread one poster indicated it's illegal to drain monies using the ATM card of the deceased, and my research indicated the same.

- Joint accounts set up so that withdrawal only needs one signature is very different and talk to 5 Bank managers / 5 HO senior staff and you will get 20 different answers:

- Some will say it's illegal for the other party to touch the account after the other party has died.

- Other bank managers will tell you that it's the serious legal responsbility of the survivor to immediately tell the bank manager that the other party has died.

- Other banks will tell you the opposite - withdrawal needs one signature only (where it's set up like that) and that's it. Nothing else matters.

I mentioned above that my adult Thai son has done a lot of research about Thai wills (in my interests and because he has two children and wanted to make his own will) and he is well aware of the 'will at Amphur' process. About 2 years back his aunt (who is totally intimidated by Amphur or any gov't office staff) asked my son to take her to the Amphur office because she wanted to make a will.

My son shared later that he was shocked at the lack of knowledge or logic sprouted by the lady officer at the Amphur office who made no attempt to listen to the elderly lady and was more occupied with joking with her friends in the office than providing service to her customer. My son (always polite but not frightened to ask questions) asked the officer if she had any training in this subject and whether she had any detailed knowledge of Thai law as may be entagled in preparing wills to be sure that what is stated is legal. Answer "mai samkarn" (not important).

My son asked the question because before we went to my lawyer to make my will I prepared a draft (to the best of my ability, but I am not a lawyer) but our lawyer said "the way you have written some of this makes the whole think too complicated and he quickly rewrote it (speaks & writes perfect English) and ultimately the meaning (my intent) was exactly what I wanted.

At the same meeting (meeting totally in English language) our lawyer asked my son if he was ready to go ahead with his will. He was. Lawyer said "why don't you prepare a draft first". He went on to make some suggestions of different ways to how to approach willing property when there's two or more children and more, but said several times, "there are different ways to handle this but ultimately you must make your own decision".

In terms of fees, a Canadian friend, new to Thailand & now living in Pattaya has just been quoted 60,000Baht to prepare his will which is quite simple and straight forward Total rip off.

I say again, sorry but I'm not sure it's all that simple.

[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.

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.

The lawyers who did my Will told me that it would cost around 10k baht for them to get the administration order and that seemed very reasonable to me although it does seem that I got lucky with my choice of lawyer here, others may charge much more. But I did state earlier that when I signed my Will they videotaped and recorded it so as to offset the chance that somebody might claim later that I signed it under duress. As a part of the discussion around that subject they did say that around 10% of the will related cases they handle involve someobody holding out for payment before they they will release the Will to the beneficiaries and most often this is done by other lawyers looking to capitalise on the circumstances. So the steps they took on my behalf seem sensible, as does the fact that there are three copies of my Will, I hold one, the beneficary holds one and the lawyer holds one.

[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.

The lawyers who did my Will told me that it would cost around 10k baht for them to get the administration order and that seemed very reasonable to me although it does seem that I got lucky with my choice of lawyer here, others may charge much more. But I did state earlier that when I signed my Will they videotaped and recorded it so as to offset the chance that somebody might claim later that I signed it under duress. As a part of the discussion around that subject they did say that around 10% of the will related cases they handle involve someobody holding out for payment before they they will release the Will to the beneficiaries and most often this is done by other lawyers looking to capitalise on the circumstances. So the steps they took on my behalf seem sensible, as does the fact that there are three copies of my Will, I hold one, the beneficary holds one and the lawyer holds one.

I think lawyers fees in Thailand are totally disproportionate to the cost of living. I know you said that your lawyer only charged 5000 baht to draw up your will, but I have yet to hear of anyone who has had one done in Pattaya for less than 10000 baht. This is 3000 baht more than a lawyer would charge me in Australia. A total rip off in my book, but you are at the hyenas mercy. No apologies to any lawyers here.

[chiang mai]

My lawyer in Chiang Mai is Khun Sumalee who works for a firm called 29 Tanin, they're located on the ground floor of the Punna residence near CMU, their fees for a simple Thai Will are 5k baht, if anyone wants to use them, highly regarded by most local expats.

[giddyup]

My lawyer in Chiang Mai is Khun Sumalee who works for a firm called 29 Tanin, they're located on the ground floor of the Punna residence near CMU, their fees for a simple Thai Will are 5k baht, if anyone wants to use them, highly regarded by most local expats.

Perhaps someone who lives in Pattaya can recommend an honest, reasonably priced lawyer, or am I asking too much?

[chiang mai]

My lawyer in Chiang Mai is Khun Sumalee who works for a firm called 29 Tanin, they're located on the ground floor of the Punna residence near CMU, their fees for a simple Thai Will are 5k baht, if anyone wants to use them, highly regarded by most local expats.

Perhaps someone who lives in Pattaya can recommend an honest, reasonably priced lawyer, or am I asking too much?

I'm sure they exist, perhaps the important part of the question is to be clear that it's a simple Thai Will, that means no assets outside of Thailand and a single beneficary, nothing else. The following thread may provide some clues:

[billd766]

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.

Only if the lawyer is nominated as the executor. If not there is now need for the lawyer after the will is drawn up.

[billd766]

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.

Not if it is a joint account.

I do online banking and I can transfer between both the single and joint accounts at any time, so can my wife.

Most of the stuff around here is in her name and in the name of our son.

The executors are family and there is no problem there.

If my wife dies before me I am not only the father of our son but the legal guardian and as the house and land will go to him anyway there is no problem.

Always remember the KISS theory.

Keep

It

Simple,

Stupid.

Simple is easy, hard is where lawyers make money and the vultures gather.

[chiang mai]

There's too many "experts" here who seem to know more than the legal profession does so I'll leave it up to individual members to make their own call on these points.

[loong]

As i said in my OP, this is a simple Will, 1 asset and 1 beneficiary.

Paperwork is lodged at the Amphur with copy of my passport, bank book, My missus's ID and housebook.

Why pay a lawyer 10,000 Bt for an hours work?

THis is obviously a normal way to go about it otherwise why would the Amphur office have a template set up in the computer.

A will is basically just a statement of what you want to happen to your assets after you die. Not having a lawyer write it up will not make it any less legal.

[loong]

There's too many "experts" here who seem to know more than the legal profession does so I'll leave it up to individual members to make their own call on these points.

Ask a lawyer if you need a lawyer to write a will. Do you really expect them to say no?

[chiang mai]

As i said in my OP, this is a simple Will, 1 asset and 1 beneficiary.

Paperwork is lodged at the Amphur with copy of my passport, bank book, My missus's ID and housebook.

Why pay a lawyer 10,000 Bt for an hours work?

THis is obviously a normal way to go about it otherwise why would the Amphur office have a template set up in the computer.

A will is basically just a statement of what you want to happen to your assets after you die. Not having a lawyer write it up will not make it any less legal.

Have you actually read any of the arguments in this thread about what happens during the execution phase of a Will, nobody has said you must have a lawyer to write the Will, that is not the point of the discussion, the need for a lawyer occurs afterwards once the Will is executed!

[loong]

As i said in my OP, this is a simple Will, 1 asset and 1 beneficiary.

Paperwork is lodged at the Amphur with copy of my passport, bank book, My missus's ID and housebook.

Why pay a lawyer 10,000 Bt for an hours work?

THis is obviously a normal way to go about it otherwise why would the Amphur office have a template set up in the computer.

A will is basically just a statement of what you want to happen to your assets after you die. Not having a lawyer write it up will not make it any less legal.

Have you actually read any of the arguments in this thread about what happens during the execution phase of a Will, nobody has said you must have a lawyer to write the Will, that is not the point of the discussion, the need for a lawyer occurs afterwards once the Will is executed!

And have you not noted the amount of posts concerning the cost of having a lawyer draw up a will?

They make my post that you quote relevant!

[chiang mai]

As i said in my OP, this is a simple Will, 1 asset and 1 beneficiary.

Paperwork is lodged at the Amphur with copy of my passport, bank book, My missus's ID and housebook.

Why pay a lawyer 10,000 Bt for an hours work?

THis is obviously a normal way to go about it otherwise why would the Amphur office have a template set up in the computer.

A will is basically just a statement of what you want to happen to your assets after you die. Not having a lawyer write it up will not make it any less legal.

Have you actually read any of the arguments in this thread about what happens during the execution phase of a Will, nobody has said you must have a lawyer to write the Will, that is not the point of the discussion, the need for a lawyer occurs afterwards once the Will is executed!

And have you not noted the amount of posts concerning the cost of having a lawyer draw up a will?

They make my post that you quote relevant!

The issue is not about who draws up a Will and how but the need for a legal help during the execution phase of the will, after the person has died!

[loong]

As i said in my OP, this is a simple Will, 1 asset and 1 beneficiary.

Paperwork is lodged at the Amphur with copy of my passport, bank book, My missus's ID and housebook.

Why pay a lawyer 10,000 Bt for an hours work?

THis is obviously a normal way to go about it otherwise why would the Amphur office have a template set up in the computer.

A will is basically just a statement of what you want to happen to your assets after you die. Not having a lawyer write it up will not make it any less legal.

Have you actually read any of the arguments in this thread about what happens during the execution phase of a Will, nobody has said you must have a lawyer to write the Will, that is not the point of the discussion, the need for a lawyer occurs afterwards once the Will is executed!

And have you not noted the amount of posts concerning the cost of having a lawyer draw up a will?

They make my post that you quote relevant!

The issue is not about who draws up a Will and how but the need for a legal help during the execution phase of the will, after the person has died!

Sorry, I didn't realise that you were in charge of this thread and decide what is or isn't an issue!

[sotsira]

My post no:2 actually bought this issue up about the execution of a will made here in Thailand.

Although as the OP states how cheap an Amphur will costs compared to one drawn up with a lawyer,

my concern is not the expense of the making of a will, but how it is executed in the event of death.

To me, this is the most important matter, and i'm still none the wiser in what would be the best way to

make a will in Thailand, through a lawyer or at the Amphur?

As this thread has already proved it to be a very confusing and complicated matter amongst us expats.

[simple1]

I used the template Will from a thread in TV. Then modified to match my and wife's circumstances. Requested a Thai lawyer to review, translate into Thai and notarise. Total cost in Pattaya 1k baht. Then registered the English and Thai language Wills at the Amphur. I will not provide the lawyers details as he made some typo errors such as incorrectly capturing both my wife's ID number and my passport number. He did rectify at no cost, but detail errors such as this should not occur. I got the Thai translations cross checked by my stepson.

[chiang mai]

Sorry, I didn't realise that you were in charge of this thread and decide what is or isn't an issue!

Apology accepted, next!

[JimGant]

There are three ways to make a Will in Thailand: 1. Write it in your own hand (holographic); 2. have it written by someone else, and witnessed by two people; or 3. have it accomplished by the Amphur.

In the first two situations, the document is an unblessed piece of paper, even if it has been written and typed by a high-priced lawyer in brilliant legalese. In these situations, you need to get a government 'chop' (grant of probate) before you march off to the bank, land office, whatever to execute the Will. Otherwise, you'll just get a blank stare.

In situation three (Amphur) the following from the civil and commercial code comes into play:

Section 1658. A will may be made by a public document, that is to say:

(1) the testator must declare to the Kromakarn Amphoe* before at least two other persons as witness present at the same time what dispositions he wishes to be included in this will;

(2) the Kromakarn Amphoe must note down such declaration of the testator and read it to the latter and to the witnesses;

(3) the testator and the witnesses must sign their names after having ascertained that the statement noted down by the Kromakarn Amphoe corresponds with the declaration made by the testator;

(4) the statement noted down by the Kromakarn Amphoe shall be dated and signed by such official who shall certify under his hand and seal that the will has been made in compliance with the foregoing Subsections 1 to 3.

No erasure, addition or other alternation in such will is valid unless signed by the testator, the witness and the Kromakarn Amphoe.

[* According to Section 40 of the Act on the Administrative Organization of the State, B.E. 2495, all powers and duties relating to the official service are determined by law to belong to Kromakarn Amphoe are vested in Nai Amphoe.]

Here the government gets involved up-front, in effect, self-probating the Will. The testator has presented him/herself to the Amphur officials, shown a medical statement, been observed to not be mumbling or drooling, laid out his desires, had them witnessed, then had the original stamped, sealed, and secured. No need, upon the testator's death, to accomplish the same verification by yet another government agency (the probate court), unless the Amphur Will were to be contested.

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?

Yeah, if the beneficiary is also the named executor/administrator. The Will, with all its official chops attached, will be just as official as the Will drawn up by the lawyer, with the subsequent official chops from the probate court (but, unlike the probate court, the Amphur has met and assessed the testator. The probate court, of course, doesn't have a direct look at the now-dead testator. So, I guess, a video tape used by some lawyers might be a good idea....)

So for something as simple as the OP's bank account, an Amphur Will should suffice. Just too bad Thailand doesn't have pay-on-death options (Totten trusts) to designate beneficiaries, allowing probate (or the Amphur equivalent) to be bypassed

[The Pundit]

I used the template Will from a thread in TV. Then modified to match my and wife's circumstances. Requested a Thai lawyer to review, translate into Thai and notarise. Total cost in Pattaya 1k baht. Then registered the English and Thai language Wills at the Amphur. I will not provide the lawyers details as he made some typo errors such as incorrectly capturing both my wife's ID number and my passport number. He did rectify at no cost, but detail errors such as this should not occur. I got the Thai translations cross checked by my stepson.

Let's hope it wasn't up to the usual Thai Visa standards,or your estate may be the subject of a lottery in an Isaan village after you pass away!

[simple1]

I used the template Will from a thread in TV. Then modified to match my and wife's circumstances. Requested a Thai lawyer to review, translate into Thai and notarise. Total cost in Pattaya 1k baht. Then registered the English and Thai language Wills at the Amphur. I will not provide the lawyers details as he made some typo errors such as incorrectly capturing both my wife's ID number and my passport number. He did rectify at no cost, but detail errors such as this should not occur. I got the Thai translations cross checked by my stepson.

Let's hope it wasn't up to the usual Thai Visa standards,or your estate may be the subject of a lottery in an Isaan village after you pass away!

So you didn't read my post that stated that the Wills were cross checked by a Thai lawyer and that I live in Pattaya.

[Langsuan Man]

I posted detailed instruction on how to obtain and register a will with you local amphur but left the thread when all the lawyers or people with vested interests got into the mix.

Most Thais will not trust a lawyer period. Most lawyers want you to make out a will that they verify and keep in their offices until such time as you die and then they present it to the amphur for processing. The operative word here is they, since I am not going to be around to insure that they do not make any changes. I recommended, and more importantly use the amphur method, since the will is witnessed by the amphur clerks, and is then sealed, given a reference number and placed in their storage facility for retrieval upon my death

This method is not suitable if you have a complicated will (ie. multiple beneficiaries) or if you feel that there may be someone who will contest the will and cause your designated heirs problems. But for the vast majority of us expats an amphur will is more than sufficient to insure that your wishes are carried out

see the thread here:

http://www.thaivisa....36-will-advice/

[chiang mai]

There are three ways to make a Will in Thailand: 1. Write it in your own hand (holographic); 2. have it written by someone else, and witnessed by two people; or 3. have it accomplished by the Amphur.

In the first two situations, the document is an unblessed piece of paper, even if it has been written and typed by a high-priced lawyer in brilliant legalese. In these situations, you need to get a government 'chop' (grant of probate) before you march off to the bank, land office, whatever to execute the Will. Otherwise, you'll just get a blank stare.

In situation three (Amphur) the following from the civil and commercial code comes into play:

Section 1658. A will may be made by a public document, that is to say:

(1) the testator must declare to the Kromakarn Amphoe* before at least two other persons as witness present at the same time what dispositions he wishes to be included in this will;

(2) the Kromakarn Amphoe must note down such declaration of the testator and read it to the latter and to the witnesses;

(3) the testator and the witnesses must sign their names after having ascertained that the statement noted down by the Kromakarn Amphoe corresponds with the declaration made by the testator;

(4) the statement noted down by the Kromakarn Amphoe shall be dated and signed by such official who shall certify under his hand and seal that the will has been made in compliance with the foregoing Subsections 1 to 3.

No erasure, addition or other alternation in such will is valid unless signed by the testator, the witness and the Kromakarn Amphoe.

[* According to Section 40 of the Act on the Administrative Organization of the State, B.E. 2495, all powers and duties relating to the official service are determined by law to belong to Kromakarn Amphoe are vested in Nai Amphoe.]

Here the government gets involved up-front, in effect, self-probating the Will. The testator has presented him/herself to the Amphur officials, shown a medical statement, been observed to not be mumbling or drooling, laid out his desires, had them witnessed, then had the original stamped, sealed, and secured. No need, upon the testator's death, to accomplish the same verification by yet another government agency (the probate court), unless the Amphur Will were to be contested.

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?

Yeah, if the beneficiary is also the named executor/administrator. The Will, with all its official chops attached, will be just as official as the Will drawn up by the lawyer, with the subsequent official chops from the probate court (but, unlike the probate court, the Amphur has met and assessed the testator. The probate court, of course, doesn't have a direct look at the now-dead testator. So, I guess, a video tape used by some lawyers might be a good idea....)

So for something as simple as the OP's bank account, an Amphur Will should suffice. Just too bad Thailand doesn't have pay-on-death options (Totten trusts) to designate beneficiaries, allowing probate (or the Amphur equivalent) to be bypassed

Now there's an explanation I can accept, you should have it pinned, thanks.

[scorecard]

There are three ways to make a Will in Thailand: 1. Write it in your own hand (holographic); 2. have it written by someone else, and witnessed by two people; or 3. have it accomplished by the Amphur.

In the first two situations, the document is an unblessed piece of paper, even if it has been written and typed by a high-priced lawyer in brilliant legalese. In these situations, you need to get a government 'chop' (grant of probate) before you march off to the bank, land office, whatever to execute the Will. Otherwise, you'll just get a blank stare.

In situation three (Amphur) the following from the civil and commercial code comes into play:

Section 1658. A will may be made by a public document, that is to say:

(1) the testator must declare to the Kromakarn Amphoe* before at least two other persons as witness present at the same time what dispositions he wishes to be included in this will;

(2) the Kromakarn Amphoe must note down such declaration of the testator and read it to the latter and to the witnesses;

(3) the testator and the witnesses must sign their names after having ascertained that the statement noted down by the Kromakarn Amphoe corresponds with the declaration made by the testator;

(4) the statement noted down by the Kromakarn Amphoe shall be dated and signed by such official who shall certify under his hand and seal that the will has been made in compliance with the foregoing Subsections 1 to 3.

No erasure, addition or other alternation in such will is valid unless signed by the testator, the witness and the Kromakarn Amphoe.

[* According to Section 40 of the Act on the Administrative Organization of the State, B.E. 2495, all powers and duties relating to the official service are determined by law to belong to Kromakarn Amphoe are vested in Nai Amphoe.]

Here the government gets involved up-front, in effect, self-probating the Will. The testator has presented him/herself to the Amphur officials, shown a medical statement, been observed to not be mumbling or drooling, laid out his desires, had them witnessed, then had the original stamped, sealed, and secured. No need, upon the testator's death, to accomplish the same verification by yet another government agency (the probate court), unless the Amphur Will were to be contested.

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?

Yeah, if the beneficiary is also the named executor/administrator. The Will, with all its official chops attached, will be just as official as the Will drawn up by the lawyer, with the subsequent official chops from the probate court (but, unlike the probate court, the Amphur has met and assessed the testator. The probate court, of course, doesn't have a direct look at the now-dead testator. So, I guess, a video tape used by some lawyers might be a good idea....)

So for something as simple as the OP's bank account, an Amphur Will should suffice. Just too bad Thailand doesn't have pay-on-death options (Totten trusts) to designate beneficiaries, allowing probate (or the Amphur equivalent) to be bypassed

Now there's an explanation I can accept, you should have it pinned, thanks.

Ok, but where in the regulation 1658 (mentioned above) does it actally state in writing that the will made at the Amphur office is 'self probated'? Or is this an assumption?

Can anybody please share an English version of 'Section 40' as mentioned above.

Thanks.

[topt]

From comments above can I assume that, as in the UK, you can appoint anyone as the Executor, and not have to use a lawyer as chiang mai originally seemed to be suggesting? (sorry cm if that was not your intent).

[billd766]

I posted detailed instruction on how to obtain and register a will with you local amphur but left the thread when all the lawyers or people with vested interests got into the mix.

Most Thais will not trust a lawyer period. Most lawyers want you to make out a will that they verify and keep in their offices until such time as you die and then they present it to the amphur for processing. The operative word here is they, since I am not going to be around to insure that they do not make any changes. I recommended, and more importantly use the amphur method, since the will is witnessed by the amphur clerks, and is then sealed, given a reference number and placed in their storage facility for retrieval upon my death

This method is not suitable if you have a complicated will (ie. multiple beneficiaries) or if you feel that there may be someone who will contest the will and cause your designated heirs problems. But for the vast majority of us expats an amphur will is more than sufficient to insure that your wishes are carried out

see the thread here:

http://www.thaivisa....36-will-advice/

I have read the thread above once again (I read before but had forgotten it) nd it seems to me that the lawyers always want you to use a lawyer if your will is complicated, assets in more than one country, separate bakn accounts which is quite reasonable.

However many expats here don't have that problem and don't require lawyers all the way up the ying yang.

For me it is simple.

I am married to a Thai lady and we have one son, currently aged 8 years.

I have no assets in the UK.

The only thing I legally own is my motorbike, the rest, computers, personal stuff etc are not really worth anything.

My wife has a plot of land and a house where we live, another plot of land with a shop up the road and will inherit some other land when her Dad dies. This land is nowhere near where we live and will probably be sold to the relatives who currently use it.

We have each made a will naming the other as executor in the event of either death and in her will I am also named as the father (which I am) and guardian of our son should she die before me.

The house, property are left to our son and not to me which means I don't have to sell it within one year and as I am the legal guardian we will live in the house etc until he is of age when he can get rid of me or not as will be his wont.

If we both die together and he survives then my wife's middle brother will become the legal guardian for our son.

Nothing complicated and I have several farang friends to help my wife through notification of the embassy and the pension people.

I have a folder on my computer and a hard copy which I keep updated of what to do, who to call, phone numbers, contact addresses etc to make life easy for her.

Both she and my son have enriched my life so the easier it is for her the better.

[Humbugged]

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.

Can a foreigner/husband be the executer/administrator ?

My lawyer in Chiang Mai is Khun Sumalee who works for a firm called 29 Tanin, they're located on the ground floor of the Punna residence near CMU, their fees for a simple Thai Will are 5k baht, if anyone wants to use them, highly regarded by most local expats.

Perhaps someone who lives in Pattaya can recommend an honest, reasonably priced lawyer, or am I asking too much?

A Bangkok judge recently quoted more than 90% of pattaya lawyers to be corrupted....so go your hardest.

[chiang mai]

From comments above can I assume that, as in the UK, you can appoint anyone as the Executor, and not have to use a lawyer as chiang mai originally seemed to be suggesting? (sorry cm if that was not your intent).

As the author of your Will you are at liberty to nominate anyone as your Executor, it does have to be a lawyer and I had not intended to imply that was the case.

[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.

Can a foreigner/husband be the executer/administrator ?

My lawyer in Chiang Mai is Khun Sumalee who works for a firm called 29 Tanin, they're located on the ground floor of the Punna residence near CMU, their fees for a simple Thai Will are 5k baht, if anyone wants to use them, highly regarded by most local expats.

Perhaps someone who lives in Pattaya can recommend an honest, reasonably priced lawyer, or am I asking too much?

A Bangkok judge recently quoted more than 90% of pattaya lawyers to be corrupted....so go your hardest.

There should be no reason why a farang/husband cannot be the Executor.

[a99az]

Why go to all the trouble and expense. Just leave her your Debit card and pass word, with instructions on how to draw the cash.