Can An Aussie Will Be Made Out In Thailand?

[giddyup]

Does it require a trip back to Australia to make my will, or can it be done from here and my signature etc be witnessed locally?

I can have someone in Australia send me a Will Kit (available from any bookshop), complete it here and mail it back. Would it be that easy?

[wamberal]

Will kits are not perfect. Depending on how complicated your situation is it might be better to talk to an Australian solicitor.

But my understanding is that you can make your will anywhere on earth. (I am a CPA, not a lawyer, by the way).

[giddyup]

Will kits are not perfect. Depending on how complicated your situation is it might be better to talk to an Australian solicitor.

But my understanding is that you can make your will anywhere on earth. (I am a CPA, not a lawyer, by the way).

My assets in Oz are pretty straightforward, two Term Deposit bank accounts and that's it.

[BookMan]

As long as it meets legal requirements as per Australian law, for the Australian assets, you can make the will anywhere. (cant have the will witnessed by beneficiaries etc etc). So yes, it would be that easy.

You could also have one of the government trustee places draw you up a will, which means the government agency will be the executor (fees involved).

You can have a separate will for Thai assets made in thailand

Edited May 27, 2013 by BookMan

[ozziebloke]

Will kits are not perfect. Depending on how complicated your situation is it might be better to talk to an Australian solicitor.

But my understanding is that you can make your will anywhere on earth. (I am a CPA, not a lawyer, by the way).

My assets in Oz are pretty straightforward, two Term Deposit bank accounts and that's it.

A little bit off topic but don't forget about the new laws regarding bank accounts that lay dorment for three years

[BookMan]

Will kits are not perfect. Depending on how complicated your situation is it might be better to talk to an Australian solicitor.

But my understanding is that you can make your will anywhere on earth. (I am a CPA, not a lawyer, by the way).

My assets in Oz are pretty straightforward, two Term Deposit bank accounts and that's it.

A little bit off topic but don't forget about the new laws regarding bank accounts that lay dorment for three years

indeed:

Hundreds of millions of dollars in inactive bank deposits are likely to flow to the Federal Government from May.

Legislation amended late last year means any account that has not seen activity within three years can be transferred into the Commonwealth's hands - previously the rule was seven years.

The new law comes into effect at the end of May and banks are advising customers to make transactions as small as a dollar to ensure they are not transferred to ASIC.

"If you've put some money away to save for the future and you're not adding any more deposits to that, and if you've got trust accounts where money is being held for some reason in the future, if you've got bond money for example where you're a landlord and the tenant's bond money is sitting in an account for more than three years, any of those sorts of those accounts, and the banks are obliged to move the money to the Government," he said.

see article here

http://www.abc.net.au/news/2013-02-26/banks-warn-customers-government-set-to-take-their-money/4541116

[weegee]

Has Wayne Swan stuffed up that bad, they now have to steal from money from peoples accounts....after they have already paid their taxes????

[Nokhuk]

Try Joe Lynch - Australian Family Court Lawyer in Chiang Mai ....... Joe Lynch <[email protected]>

[Chao Lao Beach]

Avoid the public trustee at ALL cost.

I do not know, but I would have westerners who understands English whiteness it to avoid any court issue.

You could always have it JP in a OZ embassy and there are several JP's in Thailand as witnesses.

(note, JP = notorised)

[mickjn]

Avoid the public trustee at ALL cost.

I do not know, but I would have westerners who understands English whiteness it to avoid any court issue.

You could always have it JP in a OZ embassy and there are several JP's in Thailand as witnesses.

(note, JP = notorised)

You are not joking there brother the public trustee are to be avoided like the plague

[BlackJack]

write a will - make someone an executor

sign it in front of 2 witnesses

photo copy bank books, credit cards etc.

only complication is if u drop dead here

what do you want done with the body?

spend 5000 baht here and then the lawyer can hold a copy

[BookMan]

Avoid the public trustee at ALL cost.

I do not know, but I would have westerners who understands English whiteness it to avoid any court issue.

You could always have it JP in a OZ embassy and there are several JP's in Thailand as witnesses.

(note, JP = notorised)

You are not joking there brother the public trustee are to be avoided like the plague

Why avoid the Public Trustee?

[Chao Lao Beach]

I have had experience with the QLD Public Trustee, who were AMAZINGLY bad & slow and after 7 years it is still not finalized. Their solicitor rates are also more than any private solicitor trying to get an answer form them is hopeless as they have a very high staff turn over and it takes months just to get a reply to say they are looking into my inquire. Please, use a private solicitor in oz if you are there or even a post office legal will kit if simple.

[BookMan]

I have had experience with the QLD Public Trustee, who were AMAZINGLY bad & slow and after 7 years it is still not finalized. Their solicitor rates are also more than any private solicitor trying to get an answer form them is hopeless as they have a very high staff turn over and it takes months just to get a reply to say they are looking into my inquire. Please, use a private solicitor in oz if you are there or even a post office legal will kit if simple.

If you have someone you can trust as executor it helps, but even then if family or someone contests, it can drag on for years.

The will kits you can do yourself are okay if you have very basic Australian assets, like the OP with his Term deposits. If you have a wider array of assets and a pool of people to split them between, it would be better to get a will drawn up by someone who knows what they are doing regarding correct wording and the like.

Edited May 27, 2013 by BookMan

[Chao Lao Beach]

There are also many scum bag, "ambulance chaser" solicitors who take on cases on a % of the settlement who encourage people who don't have a claim to make a claim on the estate and then hope that the estate settles. There is a shonkie mob based in Springwood in QLD who monitor the Public Trustee announcements and set up fake cases against them. The PT is a really us over and they know it, just public servants who don't give a damn.

I was involved in a estate that they thought was full of cash, it was actually anything else but. They pulled out of taking it to the Supreme Court the day before trail, they are bloody trolls. All the private solicitors involved could not believe the PT were pushed around like this.

[BookMan]

There are also many scum bag, "ambulance chaser" solicitors who take on cases on a % of the settlement who encourage people who don't have a claim to make a claim on the estate and then hope that the estate settles. There is a shonkie mob based in Springwood in QLD who monitor the Public Trustee announcements and set up fake cases against them. The PT is a really us over and they know it, just public servants who don't give a damn.

I was involved in a estate that they thought was full of cash, it was actually anything else but. They pulled out of taking it to the Supreme Court the day before trail, they are bloody trolls. All the private solicitors involved could not believe the PT were pushed around like this.

There are many problems in the system, exacerbated more so when lawyers get involved.

With Australian housing having gone sky high it turned many a deceased person into a goldmine (relatively speaking) and some people see an opportunity to get their hands on some cash.

[Chao Lao Beach]

I have had experience with the QLD Public Trustee, who were AMAZINGLY bad & slow and after 7 years it is still not finalized. Their solicitor rates are also more than any private solicitor trying to get an answer form them is hopeless as they have a very high staff turn over and it takes months just to get a reply to say they are looking into my inquire. Please, use a private solicitor in oz if you are there or even a post office legal will kit if simple.

If you have someone you can trust as executor it helps, but even then of family or someone contests, it can drag on for years.

The will kits you can do yourself are okay if you have very basic Australian assets, like the OP with his Term deposits. If you have a wider array of assets and a pool of people to split them between, it would be better to get a will drawn up by someone who knows what they are doing regarding correct wording and the like.

I totally agree

[pgrahmm]

The consulate should have forms that allow you to state your wishes and prepare your will. Beyond that I do not know of anything that is 100% carved in stone that your wishes will be adhered to.

Even though it's our lives and our wishes it doesn't mean we have complete control.

[giddyup]

write a will - make someone an executor

sign it in front of 2 witnesses

photo copy bank books, credit cards etc.

only complication is if u drop dead here

what do you want done with the body?

spend 5000 baht here and then the lawyer can hold a copy

I'd love to find a lawyer in Pattaya that only charges 5000 baht for a will. Friends here have paid from 10-20000 baht.

[BlackJack]

PM me

[ABCer]

If the money is in Australia and you feel you may piss-off any former beneficiaries in Australia there could be troubles. Wills can be contested in Supreme Court. This might be over $50,000 from the Estate and the Judge can alter your Will.

Talk to somebody who knows Aus Probate Laws. But if you transfer money from Australia there is nothing they can do. By Aus Laws you must make provisions for your children. Be careful.

[ripstanley]

When I was in Australia in March I went and saw a lawyer to make my Australian will. They did not have enough time before I departed to finalise the will. They emailed a copy to me and I had to have two witnesses sign my will. They could sign in Thai but their details eg name and address were written in English. I then sent the signed copy back to my lawyer. Total cost was Aus$ 270. They informed me that when I made my Thai will that I had to stipulate that this did not nulify my will registered in Australia

I hope this helps.

[Dap]

No offence but simple curiosity, why (if you don't mind) would you want/need to make out the will here and now?

Edited May 27, 2013 by Dap

[giddyup]

No offence but simple curiosity, why (if you don't mind) would you want/need to make out the will here and now?

Because I don't envisage returning to Australia for any reasons and I'm reaching an age when anything can happen. I'd rather make a trip back to Oz now (if I have to) while I'm still healthy, rather than wait until some serious health issue that prevents me from flying.

[Dap]

No offence but simple curiosity, why (if you don't mind) would you want/need to make out the will here and now?

Because I don't envisage returning to Australia for any reasons and I'm reaching an age when anything can happen. I'd rather make a trip back to Oz now (if I have to) while I'm still healthy, rather than wait until some serious health issue that prevents me from flying.

Thanks

[DoctorG]

Any type of Will is better than nothing, even for young, healthy people. It will not be a guarantee that your wishes will be honoured, but at the very least, it will be taken into consideration in any court case.

[ABCer]

Dear OP

I do not know you, your motives your former or present family situation. Having some experience in Will Contesting in Aus I must repeat my advice. Nothing is simple and straightforward about Probate Law in Australia.

You are obviously worried about some factors. In which case you are right. Having an Aus Lawyer draw up your Will does not guarantee 100% it will be executed as you wish.

Aus Laws are different from Thai Laws. The only way to ensure everything will be as you like it to be is to make the Will here AND to have your assets here. Good luck.

[giddyup]

Dear OP

I do not know you, your motives your former or present family situation. Having some experience in Will Contesting in Aus I must repeat my advice. Nothing is simple and straightforward about Probate Law in Australia.

You are obviously worried about some factors. In which case you are right. Having an Aus Lawyer draw up your Will does not guarantee 100% it will be executed as you wish.

Aus Laws are different from Thai Laws. The only way to ensure everything will be as you like it to be is to make the Will here AND to have your assets here. Good luck.

I appreciate your advice, but I'd feel somewhat hesitant in transferring all the money I have in Oz term deposits, currently earning around 4.50%, into Thailand. I already have the better part of 2 million baht sitting in the bank here earning a very poor interest rate, transferring the rest of my money to Thailand wouldn't make any sense economically. Besides, rightly or wrongly, I feel my money is safer in Australia.

[robblok]

No offence but simple curiosity, why (if you don't mind) would you want/need to make out the will here and now?

Because I don't envisage returning to Australia for any reasons and I'm reaching an age when anything can happen. I'd rather make a trip back to Oz now (if I have to) while I'm still healthy, rather than wait until some serious health issue that prevents me from flying.

I will tell it to you straight I don't know much about wills as I am an accountant. But if I were you id fly over to Aus as you want everything fixed right. It will cost you money and time to fly over there but then at least you have a piece of mind. You said it yourself you worry about it and if you do it here it might not be as good as over there.

Though like other posters have stated anything can go wrong but still i think your best chances are over there. As you seem to have enough money it would be wrong to economize because it might go wrong. Better fly over there spend a bit of time and money and sleep good at night knowing you fixed it.

[Litlos]

A couple of ideas for the OP. Google online will kit in google.com.au there are a few providers at around the $25 area, also a couple of articles by SMH and Choice.

I got a will done by an online lawyer in Thailand about 5000 Baht.

You will need to specifically state that this will is only for Australia/Thailand to save confusion.

Cheers