The Importance Of Preparing A Will In Thailand

[nong38]

I have made 2 wills, one for the UK and one for Thailand. In both wills I have made reference to the other with the words "this will does not effect or revoke any will made by me in ................"

My Thai will is very simple I leave all my Thai assets to......................... ( Thai ID). Seperate sheet with bank accounts etc.

A friend of mine who had drawn up a similar will to mine, also in English, showed it to a Thai "lawyer" who crossed lot of it out and re wrote it in Thai! How then would you know if it still stated your wishes?

I have not taken my will to the Amphur as yet as a result of what happened to my friend, but after reading the thoughts on this thread I am inclined to stick with my simple and straight forward will.

I would be pleased to read any comments.

[elektrified]

anyone care to upload a thai will template along with the english translation?

The attached 2 templates should be okWILL ENGLISH.jpg

That Will is a joke! It would never stand up in court. It is missing the most basic language used in Wills in every country of the world.

[RubbaJohnny]

Please post or if not allowed pm a reliable lawyer in C Rai or C Mai if you have actualy used them for a will.

Edited April 26, 2013 by RubbaJohnny

[watcharacters]

anyone care to upload a thai will template along with the english translation?

The attached 2 templates should be okWILL ENGLISH.jpg

That Will is a joke! It would never stand up in court. It is missing the most basic language used in Wills in every country of the world.

.

Would you please post a will Template in English and Thai that you think is an accepted one?

TIA

[elektrified]

You can get a rough idea with this. http://www.thailandlawonline.com/samples/view-a-contract/thailand-last-will-template/documentviewdoc

But it is still not adequate. For only 740 THB you can have the Will prepared on-line from this same legal company (I don't know them and have never used them).

http://www.thailandlawonline.com/paid-downloads/category/columns

[StevenHeidbriderSr]

My Thai wife and I have been married 26 years and last year decided to return to her homeland because of her failing health. We bought land and renovated an existing house on the property, bought a car, bought a motorcycle, furniture, and Appliances.

To protect me my wife and I went to a Thai lawyer and she had a will drawn up naming me as sole beneficiary of House, Car, Etc..

Thai lawyer said register at Ampur which we did along with our marriage.

Q: Am I really protected if she were to pass.

[prakhonchai nick]

If a Thai wife leaves a house and land to her son upon death, is she able to insert a clause in the will, allowing her husband to continue to occupy the house until his death, thereby preventing the son from either selling or even occupying the house until the husband has died?

[corkythecat]

Great and Very useful Thank You

I have made a simple will and carried out all the requirements

I have left my assets to a friend in USA, a frequent visitor here and intending to reside part time.

Assets : a condo, contents, and bank balances all in Thailand

Questions please 1. How does he "execute" my will, i.e. how does he get the money from my accounts and transfer the condo to his name ?

Does he need a lawyer ? I have not used one for the will.

I have given him instructions on keys, safe combinations, etc,etc.

Is there anytime period cutoff before my death and presentation of the will.

Regarding living wills, how do the "carers" know of it's existence.

My remains are officially "bequeathed' to Thai Red Cross..How do the people who recover my body know this ?

Edited May 9, 2013 by corkythecat

[PlastikbinLina]

Very Useful. Does a Will and Testament have to be 'Registered' with anyone ?

Yes, with your local Amphur. The Amphur retains the original & provide an official receipt, at least that was my experience with the Banglamung Amphur in Chon Buri

This subject could not have come at a better time. I have a will (usually I update it once a year) signed by two witnesses and today I was told by a Thai lawyer that my will had to be registered or it would be null and void. She said she could get it all done for me for fee of 10,000 baht. I don't have anything here in Thailand other than what I wear and use in my rented house. The few things of minor worth e.g. TV second hand car books and small inexpensive items etc will go to my Thai partner. It seems hardly worth paying 10,000 for registering the will. I also believe, correct me if I'm wrong, I could register it myself for a lot cheaper than 10,000. What is your opinion? Thank you for any advice.

[prakhonchai nick]

Very Useful. Does a Will and Testament have to be 'Registered' with anyone ?

Yes, with your local Amphur. The Amphur retains the original & provide an official receipt, at least that was my experience with the Banglamung Amphur in Chon Buri

This subject could not have come at a better time. I have a will (usually I update it once a year) signed by two witnesses and today I was told by a Thai lawyer that my will had to be registered or it would be null and void. She said she could get it all done for me for fee of 10,000 baht. I don't have anything here in Thailand other than what I wear and use in my rented house. The few things of minor worth e.g. TV second hand car books and small inexpensive items etc will go to my Thai partner. It seems hardly worth paying 10,000 for registering the will. I also believe, correct me if I'm wrong, I could register it myself for a lot cheaper than 10,000. What is your opinion? Thank you for any advice.

Your lawyer is trying to fleece you.

The most common last will and testament in Thailand is a last will in writing, dated at the time of making and signed by the testator in the presence of at least 2 witnesses who sign their names to certify the signature of the testator (section 1656 of the Civil and Commercial Code). It is not required that such a will is notarized or registered for it to be a valid legal will.

[cardholder]

Great and Very useful Thank You

I have made a simple will and carried out all the requirements

I have left my assets to a friend in USA, a frequent visitor here and intending to reside part time.

Assets : a condo, contents, and bank balances all in Thailand

Questions please 1. How does he "execute" my will, i.e. how does he get the money from my accounts and transfer the condo to his name ?

Does he need a lawyer ? I have not used one for the will.

I have given him instructions on keys, safe combinations, etc,etc.

Is there anytime period cutoff before my death and presentation of the will.

Regarding living wills, how do the "carers" know of it's existence.

My remains are officially "bequeathed' to Thai Red Cross..How do the people who recover my body know this ?

Your friend will need tp obtain Probate to 'prove' the Will and he would be best served by getting a Thai lawyer to do that. I doubt that your friend can speak or read Thai fluently.

I presume you have drawn up your Will in English with a Thai translation.

Who is likely to be around you at the time of your death - maybe impossible to answer but they should be aware of the Will, Living Will and your wishes re the Thai Red Cross. I really can't see that last one working out unless the Thai Red Cross are on the ball and linked in to your demise.

Just out of interest what do the Thai Red Cross want with your 'remains' ?

[simple1]

Very Useful. Does a Will and Testament have to be 'Registered' with anyone ?

Yes, with your local Amphur. The Amphur retains the original & provide an official receipt, at least that was my experience with the Banglamung Amphur in Chon Buri

This subject could not have come at a better time. I have a will (usually I update it once a year) signed by two witnesses and today I was told by a Thai lawyer that my will had to be registered or it would be null and void. She said she could get it all done for me for fee of 10,000 baht. I don't have anything here in Thailand other than what I wear and use in my rented house. The few things of minor worth e.g. TV second hand car books and small inexpensive items etc will go to my Thai partner. It seems hardly worth paying 10,000 for registering the will. I also believe, correct me if I'm wrong, I could register it myself for a lot cheaper than 10,000. What is your opinion? Thank you for any advice.

From memory the Amphur fee was around 500 baht, this included a small thank you payment for two Thai staff at the Amphur. Upon your passing do you wish your partner to have access to any of your funds in Thailand? If so the partner will need to take the death certificate & your will, in Thai, to your bank branch. So you will need to document your account information in your will, including her Thai ID number.

[prakhonchai nick]

Very Useful. Does a Will and Testament have to be 'Registered' with anyone ?

Yes, with your local Amphur. The Amphur retains the original & provide an official receipt, at least that was my experience with the Banglamung Amphur in Chon Buri

This subject could not have come at a better time. I have a will (usually I update it once a year) signed by two witnesses and today I was told by a Thai lawyer that my will had to be registered or it would be null and void. She said she could get it all done for me for fee of 10,000 baht. I don't have anything here in Thailand other than what I wear and use in my rented house. The few things of minor worth e.g. TV second hand car books and small inexpensive items etc will go to my Thai partner. It seems hardly worth paying 10,000 for registering the will. I also believe, correct me if I'm wrong, I could register it myself for a lot cheaper than 10,000. What is your opinion? Thank you for any advice.

From memory the Amphur fee was around 500 baht, this included a small thank you payment for two Thai staff at the Amphur. Upon your passing do you wish your partner to have access to any of your funds in Thailand? If so the partner will need to take the death certificate & your will, in Thai, to your bank branch. So you will need to document your account information in your will, including her Thai ID number.

There is no need to register the will with anyone. Why pay the amphur when it is not necessary.

Your will should be readily available to your wife/tirac or anyone who is a named beneficiary. It will need to be in Thai script to enable probate , so if not done at the outset,which is preferable, it will need to be translated after death.

[simple1]

Completely disagree to have the Will translated into Thai after death, who is going to sign off as an accurate translation, way too many risks. I wrote my instructions for mine & Thai wife’s Wills in English. I handed the Wills over to a Thai lawyer for translation into Thai & to add necessary clauses for compliance to Thai law. Then had the Thai translation cross checked by my Thai son in law who is fluent in Thai & English. I do not trust Thai lawyers e.g. inserting a clause naming themselves as executor in the Will/s or worse. When I die or wife dies before me, the executor has to present ID, death certificate and receipt to the Amphur to access the original Will/s. You may not be obliged to register at the Amphur, but for me this is an acceptable & secure process.

Edited June 6, 2013 by simple1

[PlastikbinLina]

Completely disagree to have the Will translated into Thai after death, who is going to sign off as an accurate translation, way too many risks. I wrote my instructions for mine & Thai wife’s Wills in English. I handed the Wills over to a Thai lawyer for translation into Thai & to add necessary clauses for compliance to Thai law. Then had the Thai translation cross checked by my Thai son in law who is fluent in Thai & English. I do not trust Thai lawyers e.g. inserting a clause naming themselves as executor in the Will/s or worse. When I die or wife dies before me, the executor has to present ID, death certificate and receipt to the Amphur to access the original Will/s. You may not be obliged to register at the Amphur, but for me this is an acceptable & secure process.

I'm becoming confused or should I say more confused. I went today to the Kathu Amphur office to register the will and get a receipt, and to add to the confusion my Thai partner said "it's not called the Amphur, it's called the Tanai Kwam" (phonetically transcribed). Whatever that is. Anyway all I got from the officers in the office was stupified looks. At first it was...."we don't do that here".. then sometime later it was.."we only do that for Thais"... Then it was suggested I translate the Will into English, but still they had no idea what I was on about and said I need to go somewhere else. Where is that somewhere else I asked? "Sorry you're the first person to have ever asked to register a will here." Where the hell was the lawyer who wanted to rip me off for 10,000 baht going to register the Will? One other question that bothers me and that is should I have to have a property e.g. condo or something other than simple belongings before it can be accepted at the "Amphur"? They did keep asking me for a Tabian Baan which I don't have. Any answers gratefully appreciated. Thank you

Edited June 7, 2013 by PlastikbinLina

[TallGuyJohninBKK]

My view of the entire Will procedure is as follows:

• Find a lawyer that you can trust.
• Make 2 originals of the Will. (This is protection against the possibility of the loss of the only original)

The lawyer keeps one of the originals. Give the other to the principal benefactor.

3 Generate a list of important data.

a List of people to contact with the news.

b Codes PIN ‘s and passwords (if appropriate) to give access to some cash.

This data to be stored at the lawyers office with the Will

Give the principal benefactor the business card of the Lawyer

Somehow, I don't get a warm and fuzzy feeling handing over bank account IDs and passwords to some Thai attorney's office for them to store who knows how, and in a way that would allow access by who knows who in their office.

For me, I'd rather keep that kind of info in a VERY well sealed envelope in my home where I keep "if-I-die" instructions for my fiance/future wife/main beneficiary. She knows about the envelope and what it's for, but she doesn't know what's in it, particularly as to the details about my home country financial accounts and copies of the various documents naming her as beneficiary of each of them. But not bank account IDs and passwords.

Perhaps I'll share those details more with her in the future, as we're still in our early years together. But for right now, I've told her very clearly, the envelope is ONLY for opening if I should happen to die. And if she ever opens it prior to my death, I'll cancel/revoke everything inside. I don't know that I'd really do that, but I want her to CLEARLY BELIEVE that I'd do that so that the envelope remains sealed.

I'll always remember, no matter how much I love my fiance/wife or how long we're together, a very wise piece of advice that's often been handed out here:

You NEVER want to be worth more DEAD than ALIVE here in Thailand.

[topt]

My view of the entire Will procedure is as follows:

• Find a lawyer that you can trust.
• Make 2 originals of the Will. (This is protection against the possibility of the loss of the only original)

The lawyer keeps one of the originals. Give the other to the principal benefactor.

3 Generate a list of important data.

a List of people to contact with the news.

b Codes PIN ‘s and passwords (if appropriate) to give access to some cash.

This data to be stored at the lawyers office with the Will

Give the principal benefactor the business card of the Lawyer

Somehow, I don't get a warm and fuzzy feeling handing over bank account IDs and passwords to some Thai attorney's office for them to store who knows how, and in a way that would allow access by who knows who in their office.

For me, I'd rather keep that kind of info in a VERY well sealed envelope in my home where I keep "if-I-die" instructions for my fiance/future wife/main beneficiary. She knows about the envelope and what it's for, but she doesn't know what's in it, particularly as to the details about my home country financial accounts and copies of the various documents naming her as beneficiary of each of them. But not bank account IDs and passwords.

Perhaps I'll share those details more with her in the future, as we're still in our early years together. But for right now, I've told her very clearly, the envelope is ONLY for opening if I should happen to die. And if she ever opens it prior to my death, I'll cancel/revoke everything inside. I don't know that I'd really do that, but I want her to CLEARLY BELIEVE that I'd do that so that the envelope remains sealed.

I'll always remember, no matter how much I love my fiance/wife or how long we're together, a very wise piece of advice that's often been handed out here:

You NEVER want to be worth more DEAD than ALIVE here in Thailand.

This is always a conundrum and I don't think there is a perfect solution. I have put all the passwords/ids etc in a True Crypt file which is updated as needed and sent to my younger brother who is also an executor of my will. The password for this file is with a third party who would send the password to him in the event of my death. They do not personally know each other but of each other and they are a world apart so it is about as secure as I can make it.

[TallGuyJohninBKK]

When I went to my local amphur office in BKK recently to check about amphur wills, I was advised they allow two kinds of procedures...

One is where the witnesses and the executor/beneficiary (who's ever there when filing the document) read and see the will info, prior to the witnesses signing as witnesses.

The other is what the guy at the amphur office called a private will, which he said a lot of farangs do there. In that procedure as he explained it, the will document is signed by you and sealed inside the envelope, without the witnesses or anyone else seeing or signing the will itself. And then the witnesses sign on the outside the sealed envelope.

Of course, the sealed will document then sits there in the amphur office, hopefully for many many years. But at least, that method would seem to provide a bit more privacy and security.

Edited July 9, 2013 by TallGuyJohninBKK

[hansnl]

Nice one George, is there s standard form to use ? How does one link to an existing UK Will which covers UK assets?

I found the best way to do it was to have two wills, the foreign one covering all assets except those in Thailand, and the Thai will covering only Thailand. Just make sure you don't "revoke all previous wills," which is a standard phrase in wills everywhere.

Some people just register their will with the amphur, but I imagine that would have to be in Thai. On advice from my lawyer, I had mine written in English with a Thai translation. You tell the lawyer what you want, and he - or his staff - put it into the required legalese. The signing of the will has to be witnessed by two people (I've read they must be people like lawyers, teachers, accountants, civil servants, etc) and a copy of their passport detail page or ID card must be included with the will. You need to specify an executor in the will. The lawyer then keeps one signed copy of the will and you keep another.

My B.I.L tells me a will made in Thailand by a foreigner should be in the Thai language and not only deposited with a lawyer but ALSO with your local Amphur.

The why is because the Amphur will be administering the death, and will immediately see there is a testament.

In the Thai testament it should be mentioned an English translation is also included and deposited with the Amphur.

My B.I.L.= Public prosecutor.

Guess he should know.

He also mentioned the witnesses should be public/civil servants.

The English translation ideally would also be co-signed by a person having the same nationality as the maker of the testament.

[prakhonchai nick]

Nice one George, is there s standard form to use ? How does one link to an existing UK Will which covers UK assets?

I found the best way to do it was to have two wills, the foreign one covering all assets except those in Thailand, and the Thai will covering only Thailand. Just make sure you don't "revoke all previous wills," which is a standard phrase in wills everywhere.

Some people just register their will with the amphur, but I imagine that would have to be in Thai. On advice from my lawyer, I had mine written in English with a Thai translation. You tell the lawyer what you want, and he - or his staff - put it into the required legalese. The signing of the will has to be witnessed by two people (I've read they must be people like lawyers, teachers, accountants, civil servants, etc) and a copy of their passport detail page or ID card must be included with the will. You need to specify an executor in the will. The lawyer then keeps one signed copy of the will and you keep another.

My B.I.L tells me a will made in Thailand by a foreigner should be in the Thai language and not only deposited with a lawyer but ALSO with your local Amphur.

The why is because the Amphur will be administering the death, and will immediately see there is a testament.

In the Thai testament it should be mentioned an English translation is also included and deposited with the Amphur.

My B.I.L.= Public prosecutor.

Guess he should know.

He also mentioned the witnesses should be public/civil servants.

The English translation ideally would also be co-signed by a person having the same nationality as the maker of the testament.

If you own assets in Thailand, then a Thai will is necessary to ensure your assets go where you want. Otherwise you die intestate, and distribution is in accordance with Thai law.

You will draw up (have drawn up) your will first in English, and then have it translated into Thai. There is no requirement to have your will deposited with either a lawyer of an amphur. It is necessary though for it to be kept where it is likely to be quickly found by those close to you and who may inherit.

A will often contains your specific wishes with regard to disposal of your remains, and therefore being able to access it quickly is important. (Note Lawyers have holidays and Amphurs can be closed for up to 5 days over Songkran!)

The 2 witnesses can be anyone so long as they are not beneficiaries. Their academic background is irrelevant. They are merely witnessing your signature -nothing else - and do not need to know the content of your will. They will append their names and addresses when signing, but are not required to leave copies of ID.

Edited July 15, 2013 by prakhonchai nick

[topt]

If you own assets in Thailand, then a Thai will is necessary to ensure your assets go where you want. Otherwise you die intestate, and distribution is in accordance with Thai law.

Can you please clarify your understanding of the above.

If your assets are only for example cash in bank accounts and perhaps some electrical hardware, and you have your world wide assets covered in a UK will, would you still need a Thai will?

You have a will, just not registered in Thailand, so are you still classified in Thailand as dying intestate?

[prakhonchai nick]

If you own assets in Thailand, then a Thai will is necessary to ensure your assets go where you want. Otherwise you die intestate, and distribution is in accordance with Thai law.

Can you please clarify your understanding of the above.

If your assets are only for example cash in bank accounts and perhaps some electrical hardware, and you have your world wide assets covered in a UK will, would you still need a Thai will?

You have a will, just not registered in Thailand, so are you still classified in Thailand as dying intestate?

A good question.

If you rely on your UK drawn up will, which covers worldwide assets, you will first have to obtain probate in the UK to release your UK assets. Your will is then "sealed", and transferred to any other country/ies where you have assets. If we assume only Thailand, your UK will and probate would need to be translated and sent to the Thai court to enable access to your Thai assets. This is a very time consuming, and likely expensive process.

Far simpler to produce a simple Thai will -written initially in English and then translated into Thai. If your money in a Thai bank account is in joint names - or perhaps your wife/girlfriend/trusted friend had access to the ATM PIN number upon your demise, a Thai will would only become a back up if problems ensued.

[topt]

If you own assets in Thailand, then a Thai will is necessary to ensure your assets go where you want. Otherwise you die intestate, and distribution is in accordance with Thai law.

Can you please clarify your understanding of the above.

If your assets are only for example cash in bank accounts and perhaps some electrical hardware, and you have your world wide assets covered in a UK will, would you still need a Thai will?

You have a will, just not registered in Thailand, so are you still classified in Thailand as dying intestate?

A good question.

If you rely on your UK drawn up will, which covers worldwide assets, you will first have to obtain probate in the UK to release your UK assets. Your will is then "sealed", and transferred to any other country/ies where you have assets. If we assume only Thailand, your UK will and probate would need to be translated and sent to the Thai court to enable access to your Thai assets. This is a very time consuming, and likely expensive process.

Far simpler to produce a simple Thai will -written initially in English and then translated into Thai. If your money in a Thai bank account is in joint names - or perhaps your wife/girlfriend/trusted friend had access to the ATM PIN number upon your demise, a Thai will would only become a back up if problems ensued.

Thanks for the reply. So it can be done that way but as you say likely to require some effort on the part of the beneficiary and with any more than simple assets it does seem the way to go.

Edited July 22, 2013 by topt

[paulscottstories]

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

[puukao]

Simply use this standard form and everything will be fine.

"I will give everything to Puukao, member of TV. Everyone else gets nothing."

I have heard you must mention all relevant parties, even if they get nothing, or they can come back and act like you forgot them and contest the will.

Oh, don't worry, I will spread the wealth around and enrich the lives of many.

[evadgib]

My will was drawn up in both languages by a British will writer based in UK who regularly visits LOS. If anyone is interested please PM your contact details as he's coming to see me in the next few days.

[nong38]

Translating sounds simple, but how would you know it was exactly what you wanted? I have seen snack bars become snake bars and perfect become pervert and I am sure you have your own examples, this is one of the biggest problems with making a will here.

My wife can read and write a little English, certainly more than the average Thai, including teachers, so it might be worth me considering as an option to teach her regularly so the improves more, make the will very simple and straight forward and get her to translate it in due course.

[angrybird]

Going through the detailed steps for my will, I happened to meet a guy, who told me that a best friend had died without leaving a known will. Upon a search, a will in English only was found, leaving his house and car to the guy.

The will was deemed to be valid and the guy got the property in relatively short order.

I believe him, but conspiracy theorists make what you can.

I will continue to follow the prescribed steps.

Edited July 30, 2013 by angrybird

[prakhonchai nick]

Translating sounds simple, but how would you know it was exactly what you wanted? I have seen snack bars become snake bars and perfect become pervert and I am sure you have your own examples, this is one of the biggest problems with making a will here.

My wife can read and write a little English, certainly more than the average Thai, including teachers, so it might be worth me considering as an option to teach her regularly so the improves more, make the will very simple and straight forward and get her to translate it in due course.

If you ask a bar-girl or the cleaning lady to translate, you will likely run into problems.

Use a professional translator.

I use a dual national (Thai and British citizen), who works as translator for a lawyer for all my needs and those of my friends,. I can put you in touch if wanted. Unless notarisations are needed all can be done via e mail.

[evadgib]

Translating sounds simple, but how would you know it was exactly what you wanted? I have seen snack bars become snake bars and perfect become pervert and I am sure you have your own examples, this is one of the biggest problems with making a will here.

My wife can read and write a little English, certainly more than the average Thai, including teachers, so it might be worth me considering as an option to teach her regularly so the improves more, make the will very simple and straight forward and get her to translate it in due course.

They're done by a dual national who does it for a living and has passed the test set by the MFA. She even gets the spelling mistakes right:)