The Importance Of Preparing A Will In Thailand

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Would appreciate some advice please on the following 2 questions. Please folks I'm not interested in 'should be OK', looking for specific legally correct answers (where possible) or sharing of actual past aligned examples, thanks:

 

1. Witnessing a will:  

 

a. Can a person who is mentioned in a will as a beneficial (e.g. receive a car) be a witness to the same will?

 

2. The executor of a will:  

 

2.a. Can a witness to the will also be an executor to the same will?

 

2.b. Are there any restrictions on who can be an executor:

 

e.g.

2.b.i. Wife or husband of the deceased can / cannot be the executor of the deceased persons' will?

 

2.bii. A person named in the will as a beneficiary to the will (e.g. receive a car), can that beneficiary be the executor of the same will?  

 

Thank you.

 

 

 

 

 

 

 

 

[JimGant]

Executor can be a (the) beneficiary. Common in husband and wife Wills, where the only beneficiary is the spouse. However, the witnesses cannot consist of beneficiaries.

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On 11/1/2016 at 4:38 AM, JimGant said:

Executor can be a (the) beneficiary. Common in husband and wife Wills, where the only beneficiary is the spouse. However, the witnesses cannot consist of beneficiaries.

 

Thank you.

 

One last question, can there be 2 executors names in the will, or perhaps it could be a 'principal' executor and a 'back-up' executor if the principal is deceased or simply cannot be located?

 

Typically what happens is such scenarios?

 

Thanks

[JimGant]

Quote

One last question, can there be 2 executors names in the will, or perhaps it could be a 'principal' executor and a 'back-up' executor if the principal is deceased or simply cannot be located? Typically what happens is such scenarios?

Based on my US Will experience, you typically name an executor, but cover your bets -- in case that executor dies or doesn't care to serve -- with language such as: I name Joe Blow as my executor. If Joe Blow cannot serve, or chooses not to serve, I name Joe Blow Jr as my executor. If Joe Blow Jr cannot serve, etc etc. I would assume you could do the same with a Thai Will -- can't see why a court would deny your desires for a contingency executor. Just good planning. But, just as with the primary executor named, if someone contests that executor (should he move up to the primary executor position), the court gets involved.

Edited November 3, 2016 by JimGant

[Pawpal]

I've read the very helpful information and advice in this thread, but would like to address some specific concerns regarding my situation as American expat with property in Thailand and the US.

 More specifically: I'm a male US citizen and my partner is a male Thai citizen. We have been together nearly 20 years and were married in the US but the marriage is not recognized in Thailand.

 

My partner has no property in the US, and has neither US citizenship nor green card. He has written a Thai will naming me beneficiary for his Thai-based estate (including a house, car, and bank accounts).

 

I have neither Thai citizenship nor residency permit. My property in Thailand consists chiefly of a condo, for which I have written a Thai will naming my partner as beneficiary.

 

I set up a living trust for my American holdings pre-dating my relationship, and this needs to be updated to leave everything to my spouse.

 

My questions:

 Is it legal to have separate wills in Thailand and US for estates in those respective jurisdictions? Is this the best way to handle the situation?

 

Can anyone recommend an estate lawyer familiar with Thai and US laws (and the nuances involving an American marriage not recognized in Thailand).

 

Thanks!

 

 

[nausea]

Hi, need some advice. Sorry, I haven't read all this thread though I did make a search. I apologise if this question has been dealt with before. The Thai bank account branch mentioned in my Will has closed down. My account has been moved to a new branch of the same bank. Is this likely to cause problems? This is purely about the written name and address of the branch, the account number details, including the branch number, remain the same. Thanks for your help.

[crs]

Can I get a recommendation for an online Thai Law firm that can draw up basic Wills for me and my wife please.

[moogradod]

If living in Thailand on a Thai Elite or Retirement Visa (extension) - then from from what DATE on a Thai Will will be valid: 1. Only after you have been living in the country for some time (1 year ?) or immediately after you have made it and registered ?

[malt25]

Thanks Joe. Very much appreciated.

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On 7/30/2013 at 1:09 AM, paulscottstories said:

Very interesting, I have only a little money in a New Zealand bank account.

We [ myself and thai wife ] just use credit card and ATM here inThailand

But it is true is it not that if we ever bought a home here,

that LAND must be registered in the Thai wifes name.

I know a lot of Westerners do buy into condominiums and so on, form companies but it all seems very risky.

The Law seeems clearly against alien ownership

For a country which has a massive proportion of its economy dependent on Western money

we seem to have few enough adavantages

 

For a country which has a massive proportion of its economy dependent on Western money

we seem to have few enough adavantages

 

The will is one issue.

 

Your statement '....massive proportion of it's economy dependent on western money ...' is just not true.'

 

Several million Thai families, perhaps 99% of all Thais have no connection whatever to western people or western funds.

 

 

 

 

[BlackJack]

This info is dated now as many issues arise now with assets and the Court, Land Office, DBD as the house and land maybe tied up in a company, gay partner, beneficiary dies, executor dies, is sick, or incompetent, Executor resigns or is overseas, power of attorney, next of kin, anti money laundering office, the list goes on and on. One company does all. PM me.

[Michelle79]

We have a situation where two wills were prepared, one Thai covering all Thai specific assets and one in home country covering matters in that country. These wills were prepared approx. 12months apart. We are now trying to action the wishes of the home country will and have found that the Thai will, which was the latter, still includes the "revoke all previous wills" sentence so our solicitor is saying the home country will is essentially void so we are in limbo not being able to action anything. Neither will discusses matters/assets in the other country therefore we believe this line was left in in error. Does anyone have advice on how to deal with this situation or what our options are to proceed?