The Importance Of Preparing A Will In Thailand

[evadgib]

http://www.samuitimes.com/british-will-writer-offering-his-services-in-samui-this-weekend/

[Ponbkk]

Someone inquired what language to use in their foreign (outside Thailand) wills in regards to the existence of a Thai will covering their assets in Thailand. I've come across a recent example and the language used by the attorney in the US will (which covers US assets only) in regards to Thailand is:

"My property and estate located in the nation of Thailand, if owned by me at the time of ... , shall be devised, given, and bequeathed pursuant to a LW&T made in the nation of Thailand and executed in accordance with the laws of Thailand."

The opinion of the attorney it would cover expenses from the US estate for an executor or representative to fulfill the execution of the estate in Thailand.

[T_Dog]

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.

My attorney is also insistent that an English and Thai will should be in place prior to death. Per your post, is there a service where the Amphur will retain the original will of a foreigner living here?

[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.

My attorney is also insistent that an English and Thai will should be in place prior to death. Per your post, is there a service where the Amphur will retain the original will of a foreigner living here?

Yes & if preferred Will can be witnessed by two Amphur employees. If you do not have a Blue or Yellow book, better ask if a letter from Immigration to confirm residency address is required. The Amphur retains the originals and provide a receipt that you can provide to your executor. From memory the fee for the service was around 250 baht, plus a bit more for the employees witness signatures. No doubt someone will pop up & say I was ripped off...

Edited November 7, 2013 by simple1

[ChrisB87]

I'll get round it one day i suppose. I dare say, i will never have a vast amount of wealth being a teacher in Thailand.

Edited November 24, 2013 by ChrisB87

[ajs500]

I believe I have followed all of the better advice here and have a will correctly prepared, signed witnessed and stored. It is a very simple will leaving all my propery here (Condo and Contents to one US Citizen, plus my bank account balance.)

Everything is in Thailand.

He has a Thai bank account in the same bank as me,

He has seperate instructions on my wishes (for a very good cause I believe), and all necessary info on keys, documents and local contacts here.

He is a frequent visitor here.

I believe he does not need a lawyer to actually effect property transfer, I know people who are arranging proxy transfers for non residents, but they are still alive of course, So what part would a lawyer play here please.

I am antipathetic to lawyers as I have only heard discouraging reports, so please any recommendations. Also if no snags, how long would this initial execution take ? Are the courts involved ?

Please PM if neccessary.

I wll of course see a lawyer, so that I can advise my beneficiary ******, but not before being "wised up" by TV members.

****** Actually he benefits nothing, just implements my wishes,

[LJS]

Sent from my GT-I9082L using Thaivisa Connect Thailand mobile app

[Luke FOSTER]

Its really useful for me.

[BEVUP]

Yep Interesting

But i like many others have a very simple situation

Many Thais dont have wills as they know it goes to the next of kin

My wife owns all in Thailand, but of course I have a bank account that will one day require the Marriage extension money to be in & spending money

Answer : To drain account before frozen on death registration

2nd is & the most importent : Super payout ( & the laws change contiuosly ) From country of origin & no other assets

Answer : Gues i will get a basic Will written up & will maybe have to make them Executor as i read Inheretors cannot be IE : 50/50 to Wife & Son

To give latest copy of Payout as Beneficries to Wife who would need to see Lawyer here for assistance (not really a good idea )

3 rd : The worst case scenario if our son only survived is to somehow have her dealing with it

Answer : In my wifes will & leave it to them to settle for Son

This is just a rough thought but dont see to many other choices but am always enlightened with suggestions

Thanks

[Loles]

Oh Man, just ask your TH wife and she will organize everything during half an hour ....

[mandee]

I am beneficiary and have got will from Amphur OK, I don't know what to do now. It is bank account and condo.

I get all documents books ok from safe.

what i need to do mow for transfer condo t me and get money from bank please

My friend die 2 month ago, I have come to Thailand after I know.

[BlackJack]

I dont know why people with assets dont spend 5K and get a proper Will done

Some people think their doing their friends an honor by appointing them as Executor.

Well if you dont have all your paperwork together in one book (Will) then your friend has to run around and find it all.

Just think about the problems and work you have left behind for your friend?

THAI888

[simple1]

I am beneficiary and have got will from Amphur OK, I don't know what to do now. It is bank account and condo.

I get all documents books ok from safe.

what i need to do mow for transfer condo t me and get money from bank please

My friend die 2 month ago, I have come to Thailand after I know.

Are you also the executor? So far as money in the bank, you will need to take the Death Certificate, Will in Thai language - may accept in English, but don't know for sure and your ID, was your ID spelt out in the Will e.g. passport number? It would be best to go to the Branch where the account is located. H.O. will have English speaking staff if you run into any problems

If you are the executor, go to the relevant Land Office and they should be able to walk you through the bureaucratic process best to take a trusted Thai for any translation required. Could be you will need legal assistance, if this is so be very careful and carry out due diligence

Others may have more detailed info, in the meantime, best of luck…

Edited February 8, 2014 by simple1

[evadgib]

Making a will may not be very high up on your list of priorities for many reasons, you many not think that your assets are big enough to bother about making one, you may think that you are far too young and death is so far off it is way too early to make one, you may not realise that in order for your assets to end up where you want them to go, you must make a proper will in Thailand and this does not mean leaving a hand written note in your safe. Another common misconception is that your friends and family know your wishes and if you did suffer an untimely death they would ensure those you wanted to benefit from your death would, well that is where you are wrong. You may think that your current girlfriend or wife will get your assets, or perhaps you don’t want anybody to know your real name or where you live. You may not want anybody to know what you are worth.

More here:

http://www.samuitimes.com/important-make-will-thailand-chance-meet-expert

Edited February 9, 2014 by evadgib

[ford8]

I dont know why people with assets dont spend 5K and get a proper Will done

Some people think their doing their friends an honor by appointing them as Executor.

Well if you dont have all your paperwork together in one book (Will) then your friend has to run around and find it all.

Just think about the problems and work you have left behind for your friend?

THAI888

I was quoted Baht 30,000 for the simplest will imaginable, (Special Price..of course)

It is not difficult to ensure that everything is in order for a friend to act as beneficiary, although there certainly will

be those to whom it would all be outside their ability.

[BlackJack]

Thai888 charge 5000 baht for a Will in Thai and English

everything photocopied and nicely put together in a A4 booklet

[desertrat]

Went to Amphur to register will, they seemed bewildered by my request and after the contents had been studied by the gathered multitude, and discussed loudly,they understood after I had to use my tablet with spoken Thai.

An ancient dog eared school exercise book was then produced, and it was indicated that this was the "register".

I made my excuses and left, imagining what my executor might experience.

I believe it might be better to go to Bangkok, Can anyone recommend an Ampur office there please.?

[chiang mai]

It does not have to be drafted in Thai language.

True –but better that it is written in Thai with English Language translation-or some other language as is convenient.

The court can only accept documents in Thai language and only recognizes certain official and expensive companies as official translators.

So Wills in non Thai will had cost and delay to the process

It is not sensible for most westerners to draft a Thai will in anything other than English otherwise they will not have a clear idea of what the will says, the cost to translate the will after the fact is minimal by comparison to the loss that may otherwise be encountered.

[Jip99]

It does not have to be drafted in Thai language.

True –but better that it is written in Thai with English Language translation-or some other language as is convenient.

The court can only accept documents in Thai language and only recognizes certain official and expensive companies as official translators.

So Wills in non Thai will had cost and delay to the process

It is not sensible for most westerners to draft a Thai will in anything other than English otherwise they will not have a clear idea of what the will says, the cost to translate the will after the fact is minimal by comparison to the loss that may otherwise be encountered.

Agree. I would actually get a translation now - for other reason than your Thai wife can understand it.

A recent situation has also highlighted the need to discuss/explain the Will to your wife. If they can understand it they will be aware of your intentions (re funeral perhaps) and their own expectations can be managed.

Be sure to tell them that they only benefit if your death is due to natural causes

[Jip99]

Thai888 charge 5000 baht for a Will in Thai and English

everything photocopied and nicely put together in a A4 booklet

There is no need to pay more than 3,000 Baht and that includes having the Will process videoed, if required.

[BlackJack]

apples aint apples

same as wine is not wine

and Wills aint Wills

[angrybird]

"According to Thai law after people die and they have a valid will, the executor of the will must contact a lawyer to start the proceedings to appoint the executor to act according to the will of deceased person"

Does anyone have a reference tor this please ?

[ford8]

Where and how are death certificate issued, and who qualifies to get them please.

Do I need to take one with the will , (only me named), to court to get the bank a/c transferred ?

If so what are the steps please.

A lawyer has indicated that it would cost in excess of Baht60,000.

Thank You

[Ace of Pop]

Done Mine. My Overdraught, i leave to Thaksin Shinshister. Job Done.

[chiang mai]

Where and how are death certificate issued, and who qualifies to get them please.

Do I need to take one with the will , (only me named), to court to get the bank a/c transferred ?

If so what are the steps please.

A lawyer has indicated that it would cost in excess of Baht60,000.

Thank You

Death certificates are issued by hospitals, bodies can only be released to relatives.

Only dead people qualify for death certificates!

The Will and the death certificate need to go to the Probate Court, I believe that only a Thai lawyer can initiate this proceeding - Probate Court will appoint and Executor if one is not named in the Will.

Edited February 22, 2014 by chiang mai

[ford8]

"Death certificates are issued by hospitals, bodies can only be released to relatives"

Deceased has no living relatives..what then please ?

The Will and the death certificate need to go to the Probate Court, I believe that only a Thai lawyer can initiate this proceeding

Are there references please ?

[TallGuyJohninBKK]

I think the prior poster meant, what surviving relations or others of the deceased are entitled to obtain versions of the Thai death certificate in the wake of the death.

Certainly a surviving spouse. The executor named in the deceased's will, if he/she has one. I'm not sure about others. In the event of NO living relatives, it would go to the executor or any named beneficiaries in the will.

Ford, did the deceased in your case name an executor in his/her will?

There's also added step of, using the Thai certificate, obtaining another version of a death certificate from the deceased's consulate in their native language, which can be used for legal/administrative purposes in one's home country.

Lastly, it's not correct that ALL deaths need to go thru Thai probate court for disposition of assets in Thailand. In the case that the deceased had a validly registered Amphur will, I believe Probate court is generally not required.

Edited February 22, 2014 by TallGuyJohninBKK

[chiang mai]

That is correct, Amphur wills do not need to go through Probate Court.

[chiang mai]

"Death certificates are issued by hospitals, bodies can only be released to relatives"

Deceased has no living relatives..what then please ?

The Will and the death certificate need to go to the Probate Court, I believe that only a Thai lawyer can initiate this proceeding

Are there references please ?

I have no web based references for these things, they are questions I asked my lawyer when I had my Thai Will prepared.

[ford8]

quote "Ford, did the deceased in your case name an executor in his/her will?"

I am the deceased in waiting and am trying to smooth the path of my beneficiary.

He will only need to access my bank a/c, will "sell" my condo to him prior to my departure.

My will only says that he is the beneficiary..nothing about executors.

BTW I have d/l just about everything i can find, even the Thai CCC to help on this and many other "Farang" forums

TV posters are best although one (no names no pack drill), needs to amend his quote

Thank You