The Importance Of Preparing A Will In Thailand

[jayceenik]

My assets consist only of bank accounts in Belgium, Singapore and Thailand. With a small motocy and house furniture.

In May last year I re-made my Last Wills - one each for Belgium, Singapore and Thailand.

Everything going to my Pattaya TGF.

Belgium LW is holograph. Singapore and Thailand LW done by reputable lawyers.

At first I did myself the TH LW by buying a template from http://www.samuiforsale.com/view_document/8-last-will-and-testament-for-thailand.html

It's very well done with dual language paragraphs - Thai/English - and very affordable at $25.

But then I pictured in my mind my TGF implementing this home-made LW and I discarded it and went to a Pattaya lawyer instead.

More expensive at 10000 Baht but serious looking (LOL) and dual language too.

What I like with a lawyer drafted LW, like my SIN and TH LW, is that my signature was witnessed by lawyers.

Better a lawyer witness than your next door neighbor.

BTW I paid US$550 for the SIN LW. All done by email but I had to go to SIN to sign the final draft.

[chiang mai]

You're kidding, right?

You seem to not be getting anything right today, perhaps you're not best suited to Thailand if you can't even believe simple truths!

[chiang mai]

My assets consist only of bank accounts in Belgium, Singapore and Thailand. With a small motocy and house furniture.

In May last year I re-made my Last Wills - one each for Belgium, Singapore and Thailand.

Everything going to my Pattaya TGF.

Belgium LW is holograph. Singapore and Thailand LW done by reputable lawyers.

At first I did myself the TH LW by buying a template from http://www.samuiforsale.com/view_document/8-last-will-and-testament-for-thailand.html

It's very well done with dual language paragraphs - Thai/English - and very affordable at $25.

But then I pictured in my mind my TGF implementing this home-made LW and I discarded it and went to a Pattaya lawyer instead.

More expensive at 10000 Baht but serious looking (LOL) and dual language too.

What I like with a lawyer drafted LW, like my SIN and TH LW, is that my signature was witnessed by lawyers.

Better a lawyer witness than your next door neighbor.

BTW I paid US$550 for the SIN LW. All done by email but I had to go to SIN to sign the final draft.

FWIW my will was also witnessed by a lawyer and was also filmed and my request recorded, the film and tape being stored with their copy of my will - THB 5k.

[zlodnick]

chaing mai,

In the US I drew up a will with a very reputable lawyer. I said to him, "so this is set in stone, right?" He said not nessesarily. A will is to let the court know your wishes and the court will usually follow them. He also said any will can be contested.

Now as for the letter of the law here in Thailand. Lets say you are very well versed in immigration laws here. You go to extend your visa and you have all your documents, money, etc. exactly as the law is written. Are you 100% sure you will get your extension, no problems? I know the law is the law, but we also have to deal with the human factor here and that seems to usualy be the problem.

By the way, Thailand suits me fine.

[TallGuyJohninBKK]

I think the issue of how and whether an amphur-registered will either avoids court probate or simplifies/speeds it is a question that really deserves to be answered in credible fashion.

Based on some of the other answers that Somsak Lawyer has provided in this forum on topics where I'm pretty knowledgeable, I'm not sure I'd place full-fledged trust in their forum post answers, particularly where economic self-interest is involved.

The whole process for Amphur wills is spelled out in detail in the Thai civil code, so it's clearly an official and legally recognized process. But just what completing that process gets the will-maker and his/her beneficiaries is the question that needs to be settled.

Edited January 21, 2015 by TallGuyJohninBKK

[chiang mai]

It makes no sense to me that an Amphur will, regardless of its size and complexity, might be able to avoid probate. There's a piece of this puzzle that's missing.

[TallGuyJohninBKK]

Here's my thinking:

The lawmakers here, at whatever prior point in time, put the Amphur-registered wills process into the law presumably for some reason. But, what is that reason?

Did they envision that every time Somchai rice farmer inherits some land or other property from their parents, that they'd have to hire a Thai attorney to file a probate motion? I'm not so sure about that.

And at the same time, under Thai law, no one's required to register their will at an amphur to have a legally valid will. As noted earlier here, even simple handwritten wills can be valid here, as are typed and witnessed wills. So again, back to the question, with all the other options available, what purpose does continuing to maintain the Amphur wills system serve?

I can only presume, there IS some purpose....

FWIW, Thai Law Online/Isaan Lawyers has this interesting snippet on Amphur wills:

A Will made in front of a public authority is registered at the Amphur. It has certain advantages related to the authenticity of the document. This type of Will probably originates from the Civil Law distinction between an authentic Act, a semi-authentic act and a non-authentic act. Therefore, it would be considered as the most difficult Will to contest in Thailand. However, a Will made in front and signed by 2 witnesses is also difficult to contest if the Will follows the requirement of Thai Law.

http://www.thailawonline.com/en/family/inheritance-and-wills.html

[zapatero]

A few posts back it was recommended that the witness' signatures be notarized.

For U.S. purposes I have to obtain notarizations at the U.S. embassy.

For Thai purposes, (e.g. the present context), it would seem that a Thai notarization would be necessary. However I have never seen any references regarding how to obtain a Thai notarization. Can someone please educate me?

Thank you very much.

[JimGant]

The whole process for Amphur wills is spelled out in detail in the Thai civil code, so it's clearly an official and legally recognized process. But just what completing that process gets the will-maker and his/her beneficiaries is the question that needs to be settled.

Thai law firms don't like Amphur Wills -- it cuts into their business, both on the preparation end, and (at least at one time) on the probate end. But, the lawyer mafia has done a pretty good job of cornering the Will market -- by dictating the probate necessity, even tho' the Code doesn't call for it.

What's Google have to say about Thai probate? From the law firm www.tilleke.com/sites/.../family_law_foreigners.pdf

Wills

The regulations under Thai law governing the making of a will state:

• Any person can make a will, including a minor aged at least 15.

• A will must be made in the form prescribed by law.

• A person making a will can disinherit any/all heirs in the will.

• Probate is not required under Thai law.

• Trusts are not allowed under Thai law.

• Currently, inheritance tax is not levied

But, no further elaboration from Tilleke.

Now, Samui lawyers take the lawyer mafia position http://www.samuiforsale.com/family-law/thailand-inheritance-and-wills.html

"Also the distribution of an estate on death following a Thai last will made by a foreigner inside Thailand or under Thai inheritance law is subject to a legal (probate) procedure and appointment of an administrator for the winding up of the estate. You cannot turn up at a bank, Land Office or any other institution with a Last Will (Thai or foreign) and request transfer and registration of the assets."

Hmmmm. Kinda like what Bangkok Bank has indicated is their procedure, i.e., show up with an authorization letter from the probate judge -- not just with a Will blessed by the Amphur (or prepared by a law firm, or holographic).

Now, some further horsepower for probate requirement can be found from the Bangkok International Associates. The following is a pretty heavy duty guidance publication, including the chapter on Wills and Probate, here: http://www.bia.co.th/032.html

Note the third bullet, which begins:

"Application to the court for a grant of probate is always necessary" (my emphasis)

(Also note the name Stephen Frost on BIA's index page http://www.bia.co.th/index.html )

But what does Siam Legal say?: http://www.thaiembassy.com/thailand/lastwill-testament.php

"...settlement of assets in Thailand through a Thai Last Will and Testament is more convenient and practical. For one, Thai law does not require probate of Last Will and Testaments before it can be enforced...."

So, Tilleke and Siam Legal say probate is not required; BIA and Samui say always required. Ok, two way split

Now for the nuanced response: http://bangkok.angloinfo.com/information/money/pensions-wills/

"Under Thai Law, applying for a grant of probate is not necessary unless the owner of an asset to be transferred requires it or there is a dispute regarding the will or the gifts it contains."

Now, this website isn't a law firm. But scroll down to the bottom to find out who provided the info. Why, it's Stephen Frost, the same guy from BIA who says in his "Will and Probate" chapter that a probate is always required.... Which is it, Stephen?

Note: The quote says "owner of an asset", which would be the testator, who now is dead, which doesn't make sense. So, the quote, I believe, makes sense if "owner" is substituted by "manager of an asset" e.g., a bank manager.

And this is what we've seen -- some bankers have not required probate to release assets per a Will. And I bet years ago Amphur Wills rarely saw the inside of a probate court. But, the lawyer mafia has gotten the word out to asset managers to cover your six, by insisting on probate. Even tho' the Code doesn't require it. So, I guess, we should all prepare to go through probate, even for a simple Will, blessed by the Amphur, that only lists bank accounts, and your wife as the single heir. Why on earth would that requre probate?

I wonder if there are Thai lawyer jokes?

[musiclover]

You're kidding, right?

No.. he's perfectly correct ! I speak from personal experience ! Thai law will uphold a properly drawn up and legal document

[JimGant]

A few posts back it was recommended that the witness' signatures be notarized.

Don't recall that..... But, sounds like a law office recommendation, since they're the only ones who do a notary-like function. Just another argument to have your Will prepared by a lawyer. (And that Amphur Wills, since they're not notarized, are potentially troublesome. BS!)

While there are no notaries public in Thailand, some lawyers are given the authority to function as Notarial Services Attorney in the country. In Thailand, it is the Lawyers Council of Thailand which regulates the practice of notarial services in the State. A Thai lawyer is required to undergo and pass a professional training course for the service before he is registered as a Notarial Services Attorney.

Once authorized to perform, a Notarial Attorney may execute the following functions:

Verification to the authenticity of signatures in a document;

Certification of identity of parties to an agreement;

Administration of oaths and affirmations;

Attestation and certification of certain classes of documents

Be witness to the signing of parties to a document.

But, certainly not required that witness signatures be notarized. Just make sure their Thai ID number is affixed.

Additional info: http://www.siam-legal.com/legal_services/Thailand-Notary-Service.php

[TallGuyJohninBKK]

That's interesting and valuable research info, Jim...

Clearly, it highlights why there seems to be some much confusion and disagreement on the issue of Thai wills and whether probate is or isn't required, and if so, under what circumstance.

However, based on all that, I'm not ready as yet to accept your conclusion that planning for probate is the way to go... Maybe I'll get there at some point, but not there yet.

I suspect there is some light and clarity at the end of the tunnel on this subject. But I have the feeling we just haven't found it yet.

[JimGant]

However, based on all that, I'm not ready as yet to accept your conclusion that planning for probate is the way to go..

I always thought planning for worst case was prudent.....

I guess I need to get off my butt and ask my banker if he'll accept my Will without probate. Since it's a witnessed holographic Will (bottom of the preferred list, I imagine), he might say he'd like to see an Amphur Will. Or, like on one of these Will threads, someone's banker wanted a lawyer prepared Will due to the notarization character of such a Will. Then again, my banker may be retired when I kick.

And, since I'm with Bangkok Bank, maybe he's read his website -- that says I need to go through probate.

What's your banker say?

[zlodnick]

Think of it this way. Who decides if a will must go to probate or not? Isnt it whoever is presented the will to settle an estate? Say your wife goes to the bank with your will and asks that she have access to your account and the bank manager says not without a court order, then right there, he has decided the will must be probated.

Same with the land department, motor vehicle department, etc?

[JimGant]

Exactly. That's what this whole discussion concerns. And it seems that more and more we're hearing that banks, land offices, etc are demanding probate court approval before they'll allow assets to move on per the Will.

So, be prepared for the worst -- that the "manager" of an asset in the Will requires probate to move on the asset to the beneficiary. Prepare for this time gap, to avoid financial problems for the wife, whomever.....

[Jip99]

Exactly. That's what this whole discussion concerns. And it seems that more and more we're hearing that banks, land offices, etc are demanding probate court approval before they'll allow assets to move on per the Will.

So, be prepared for the worst -- that the "manager" of an asset in the Will requires probate to move on the asset to the beneficiary. Prepare for this time gap, to avoid financial problems for the wife, whomever.....

.... and to be fair, this is only what happens in the west.

Above de-minimis limits most institutions will require probate.

[TallGuyJohninBKK]

What's your banker say?

That's part of the problem, of course...

Not banker...but bankers... This branch, that branch, this bank company, that bank company.

And, whatever guidance you get today from this or that bank and branch, the person giving it and that policy may or may not be the same come the far off day when you've shuffled off this mortal coil.

But yes, this being Thailand, it does seem prudent to prepare for the worst, and try to prepare in a way that minimizes the burden and hassle factor for the surviving spouse.

[zlodnick]

For what its worth, is probate the monster its made out to be? Someone told me, you go to court, produce your documents and in a month or three, go back to court to get the papers to settle the estate. Maybe a lawyer is needed and his fees are what people are concerned about?

I intend to have a lawyer draw up our wills, but the way I look at it, we most likely will not ever use them. MOST people dont just drop dead. They get old, get sick, and then die. When it looks like the end is near, we will transfer our assets and that will be that.

[JimGant]

I can deal with probate, and the time factor (4 months to run its course, reported by Blackjack), and reportedly a 10,000 baht fee. And for the wife, I fully expect to have to go thru probate -- as her estate has the chanotes, cars, and multiple bank accounts -- and you can bet that someone in that chain will insist on probate.

But, for my single account (needed for Immigration) as the only asset in my Will -- and my wife as executor and the only beneficiary -- probate seems like overkill. But, unfortunately, as it's a fixed account at Bangkok Bank -- my workaround to have her go on-line before I'm cold, and empty out this account into one of hers, won't work. At least from what I can gather on Bangkok Bank's website, where transfers with their ibanking can only be "to" a fixed account, not "out." (Unlike current and savings accounts, which do work both ways.)

What to do? Well, the Mee Tai Dai account at Krungsri Bank seems to fit the bill. At least it appears their ibanking will allow an online withdrawal from a Mee Tai Dai account. And their 2.3% interest certainly is competitive. So, goodbye Bangkok Bank -- at least for my Immigration related account.

But, but, but.....that's illegal, you say. Maybe it would be -- if the law stated the requirement for probate, which it doesn't. The bank manager might get irritated, but it's doubtful he can do much about it. Fait accompli trumps a blustering bank manager, especially when accompanied by a valid Will saying, yep, she's both the administrator and the sole beneficiary of this money. An Amphur chop would add even more sauce. And cutting the lawyers out of the pattern has a wonderful sense about it.

[Pib]

I can deal with probate, and the time factor (4 months to run its course, reported by Blackjack), and reportedly a 10,000 baht fee. And for the wife, I fully expect to have to go thru probate -- as her estate has the chanotes, cars, and multiple bank accounts -- and you can bet that someone in that chain will insist on probate.

But, for my single account (needed for Immigration) as the only asset in my Will -- and my wife as executor and the only beneficiary -- probate seems like overkill. But, unfortunately, as it's a fixed account at Bangkok Bank -- my workaround to have her go on-line before I'm cold, and empty out this account into one of hers, won't work. At least from what I can gather on Bangkok Bank's website, where transfers with their ibanking can only be "to" a fixed account, not "out." (Unlike current and savings accounts, which do work both ways.)

What to do? Well, the Mee Tai Dai account at Krungsri Bank seems to fit the bill. At least it appears their ibanking will allow an online withdrawal from a Mee Tai Dai account. And their 2.3% interest certainly is competitive. So, goodbye Bangkok Bank -- at least for my Immigration related account.

But, but, but.....that's illegal, you say. Maybe it would be -- if the law stated the requirement for probate, which it doesn't. The bank manager might get irritated, but it's doubtful he can do much about it. Fait accompli trumps a blustering bank manager, especially when accompanied by a valid Will saying, yep, she's both the administrator and the sole beneficiary of this money. An Amphur chop would add even more sauce. And cutting the lawyers out of the pattern has a wonderful sense about it.

I wish I knew why Thai laws do not allow a designated beneficiary on a bank account like so common in the western world. Maybe it has something to do with the majority of western world joint account arrangements are between spouses which usually designate the spouse as the beneficiary and the marriages are registered/licensed by the government...and of course specific beneficiary designation laws exist.

However, in Thailand the majority of marriages just involve the religious ceremony but the couple does not register the marriage with the government. With the marriage not registered and so many marriages fall apart (I see in my own Thai in-laws and friends) the couple can easily go their separate ways and remarry if desired. And I expect other socio-economic factors which are different in Thailand compared to the western world has a major influence also. When the dust settles having beneficiary laws in Thailand has not been seen as helpful or needed I guess for the right or wrong reasons; instead, the court probate process is preferred and required by law.

Heck, at some Thai banks (maybe all) a person can not setup certain "SMS services" on "joint accounts", only for individually held accounts such as the Bangkok Bank "SMS Account Alert" service.. I see the same applies for their SMS Spending Alert service. But I do know for the SMS Remittance Service (in coming international wire transfers) can be setup on a joint account because I have the service setup on a joint account. Below is snapshot from the Bangkok Bank regarding their SMS Account Alert service (one of four SMS services they have)...notice under the Terms and Conditions it specifically says not available for joint accounts and you can see a similar statement under the SMS Card Limit Alert service. Seems for certain SMS services Thai banks would rather not have one joint account owner become concerned about/know what the other joint account owner is doing...maybe too much mistrust involved and the bank don't want to be dealing with account owners always calling asking about a transaction they didn't make.

http://www.bangkokbank.com/BANGKOKBANK/PERSONALBANKING/DAILYBANKING/SMSALERTS/Pages/alert.aspx

Edited February 1, 2015 by Pib

[TallGuyJohninBKK]

What to do? Well, the Mee Tai Dai account at Krungsri Bank seems to fit the bill. At least it appears their ibanking will allow an online withdrawal from a Mee Tai Dai account. And their 2.3% interest certainly is competitive. So, goodbye Bangkok Bank -- at least for my Immigration related account.

But, but, but.....that's illegal, you say. Maybe it would be -- if the law stated the requirement for probate, which it doesn't. The bank manager might get irritated, but it's doubtful he can do much about it. Fait accompli trumps a blustering bank manager, especially when accompanied by a valid Will saying, yep, she's both the administrator and the sole beneficiary of this money. An Amphur chop would add even more sauce. And cutting the lawyers out of the pattern has a wonderful sense about it.

Funny you should mention that, Jim... I opened a Mee Tai Dai account the other day at Krungsri, and used the opportunity to talk with the branch manager there about how things would work, and how things could work, for my wife in the event that I pass away -- keeping in mind the discussions we've had here. So, here's ONE bank branch manager's view.

1. we could of course open a joint account, and that would give my wife access both during my life and after my death. The downside, of course, is that status of account can't be used to satisfy Immigration's bank deposit requirements. And for me, if I'm going to keep a couple hundred thou in a Thai bank, I want it to AT LEAST be AVAILABLE to use to satisfy Immigration.

2. I asked about the approach Pib mentioned elsewhere about having the wife's name added to the back of the bank passbook. It took about 10 minutes to get the manager to even understand what I was talking about. And then, finally, he answer was no, we couldn't do that for the MTD account. And then another 10 minute discussion, and he went off to check with staff in his branch, and came back to finally say, yes, we could do that with the MTD account.

And, he confirmed, adding the wife's name to the back of the book, a kind of power of attorney, would give her access during my life, even though the account would remain an individual account. However, then we moved on to the scenario where I'm dead, and suddenly he began getting hinky, saying that, well, if the bank didn't know I had died, my wife might be able to withdraw the funds. But then he went on to tell my wife in Thai that her doing so would basically be illegal, and that it could cause trouble for her thereafter. And of course, if the bank found out I was dead, even with the power of attorney, he said they would freeze the account.

3. So then I asked about me having an amphur registered will naming my wife as a sole beneficiary, and what happens if she presents that will to the bank after my death. And the manager's answer was... they would not release any funds from the account to her in that situation -- until after my estate had gone to probate in Thai court.

So, that's what I was told. One bank manager at one Krungsri branch. Wonder what some attorneys would say about that. But, his advice is in keeping with what we tend to be hearing on this subject.

[Pib]

1. we could of course open a joint account, and that would give my wife access both during my life and after my death. The downside, of course, is that status of account can't be used to satisfy Immigration's bank deposit requirements. And for me, if I'm going to keep a couple hundred thou in a Thai bank, I want it to AT LEAST be AVAILABLE to use to satisfy Immigration.

If you were talking a regular savings account, yes it can be a joint account. But if talking a MTD account it can be an individual only account.

http://www.krungsri.com/bank/en/PersonalBanking/DepositProducts/SavingsDeposit/MeeTaeDaiSavings.html

[TallGuyJohninBKK]

ya.... regarding ways of getting access for my wife and the option of a joint account, we were just talking accounts in general, not specifically MTD.

[JimGant]

But then he went on to tell my wife in Thai that her doing so would basically be illegal, and that it could cause trouble for her thereafter. And of course, if the bank found out I was dead, even with the power of attorney, he said they would freeze the account.

Interesting. I wonder what they would charge the wife with...? The POA stamp on the back of your passbook, even tho' worthless upon death, certainly gives credence to your desires for your wife's access. And, a valid Will, naming your wife as executor and sole beneficiary, certainly should carry enough horsepower to keep her from getting charged with anything (what law has she broken?).

What's the worst that can happen? I guess if the wife moved your money to her account in the same bank, her account might, then, get frozen -- even if the bank manager is still scratching his head over what law she's broken. So, have her move the money to another bank, or to her mattress.

As was said in a posting above, probate is NOT required -- unless (in this case) the bank manager says it is required. And even tho' it is now fait accompli with the cash, maybe any loose legal ends that could possibly cause problems (can't think of any) would be tamped down by allowing the Will to go to probate -- and waiting 4 months for the obvious conclusion. But, hey, 10,000 baht is 10,000 baht -- so maybe just finding a new bank will suffice.

Of course, she could ask a lawyer what to do......but when it comes to probate, we know which tune he'll sing -- if he's with one of the larger law firms.

John, lemme see, Bangkok Bank said no need for probate. Standard Charter told you -- yes, you need probate. And now Krungsri also says probate needed. But, as you've mentioned, you won't really know what's what until you actually kick... (you want to leave a forwarding address? )

NancyL -- if you're reading this, what finally happened between you and Bangkok Bank over the Will you were administering?

[TallGuyJohninBKK]

Jim, I don't think the Krungsri branch manager was talking about criminal charges.... And it wasn't like he was threatening my wife. He was, however, trying hard to talk her out of trying to rely on that approach -- using the power of attorney listing and then trying to exercise it after my hypothetical death.

As for the various banks, it would be nice to think/hope there would be consistent advice/practice among all the branches in a particular banking company here. But as we've seen in the past in various ways, the same bank can't even gets its various branches in different places to all operate from the same playbook.

[JimGant]

I like the power of attorney (POA) option 'cause it does give the wife the legal ability to move money out of my account (although, unfortunately, there maybe no one at work that day that understands the POA option). But, with an MTD account, she can do this online with ibanking -- and a POA gives her legal cover. And, no need to go to the bank with my passbook.

Even if she exercised this a day or two after my death, it's doubtful the bank manager would know the exact time of death, nor would he probably care or investigate. And, of course, if she did this while I was in a coma, on my way to exit, she'd be completely legal.

Hmmm. Maybe no probate afterall.... Thanx, Pib, for identifying the POA option.

[TallGuyJohninBKK]

The issue about the bank becoming aware, or not becoming aware, of an accountholder's death is a good one here.

From the various accounts I've seen here relating to that, it seems to be the smaller towns or communities where some kind of farang grapevine might exist among Thais.

But here in Bangkok, I would imagine, I could die and my local bank branch manager would probably never hear about it, or be told about it by anyone. That likely makes the PoA approach a more dependable option in the big city.

Edited February 2, 2015 by TallGuyJohninBKK

[brewsterbudgen]

I just received this advice from a firm of Thai lawyers (in Bangkok) that I've used in the past. They declined to take my money and just advised:

"However, we believe it might be helpful to provide you with our suggestion that a will can easily be made in hand writing by yourself (either in Thai or English) with (i) your signatory and (ii) date and time of doing so specified."

Sounds to good to be true...

[TallGuyJohninBKK]

Thai law allows for handwritten wills, provided you comply with the requirements for preparing and witnessing it.

However, I'd be careful about the notion of having an English-only handwritten will, since it's the Thai language version of legal documents that prevails here. I'm not sure how that scenario would operate... as in... a Thai translation done after your death??? Best to have a Thai version or translation accompany yr handwritten one, AFAIK.

But then, unless you can write in Thai, presumably the Thai version would be written by someone else, which might mean it wouldn't qualify has a handwritten will under Thai law, which I believe requires the testator to be the one doing the actual writing. Then you'd end up with a non-handwritten will, which is perfectly legal, but has its own set of legal requirements for execution.

It seems an interesting proposition: Yes, Thai law allows for handwritten wills. But if the preparer is a farang who can't write in Thai and the legal document wants to be in Thai language, then what?

Edited February 14, 2015 by TallGuyJohninBKK

[brewsterbudgen]

Thai law allows for handwritten wills, provided you comply with the requirements for preparing and witnessing it.

However, I'd be careful about the notion of having an English-only handwritten will, since it's the Thai language version of legal documents that prevails here. I'm not sure how that scenario would operate... as in... a Thai translation done after your death??? Best to have a Thai version or translation accompany yr handwritten one, AFAIK.

But then, unless you can write in Thai, presumably the Thai version would be written by someone else, which might mean it wouldn't qualify has a handwritten will under Thai law, which I believe requires the testator to be the one doing the actual writing. Then you'd end up with a non-handwritten will, which is perfectly legal, but has its own set of legal requirements for execution.

It seems an interesting proposition: Yes, Thai law allows for handwritten wills. But if the preparer is a farang who can't write in Thai and the legal document wants to be in Thai language, then what?

Cheers. I guess I can make out the will in English and then get it "officially" translated (and then checked by someone who can read Thai). Got to be cheaper than paying the 10,000 I was quoted by another Bangkok law firm.