Does a legally binding Will prepared in thailand cover assets back home?

[ghworker2010]

As the title suggests, I write to ask if a legally binding Will prepared by a lawyer in Thailand covers both thai assets and any assets back in the mother country? Or does it always only cover my Thai assets. Do I have to have a separate Will for antipodean assets drawn up back home?

thanks

[AyG]

In theory a Thai will could cover your assets worldwide. However, it may be more open to challenge than one from your home country. Safest thing to do is to have two wills, one covering your Thai assets, the other covering other assets. Just one thing to watch out for is that wording such as "I hereby remove all former wills and testaments" can be taken to revoke all other wills, including the one for the other country, so you need to word around this.

[Asiantravel]

Having gone through this exercise myself last year I can tell you categorically the answer is no, particularly if your estate outside Thailand includes real estate. If it does, you definitely need to engage a lawyer regarding those interests outside Thailand.

[Misterwhisper]

AyG is correct.

But I also would insist that the Thai Will includes a paragraph that explicitly stipulates that the Thai will does NOT cover any and all of your assets abroad (i.e. outside Thailand). To be even safer also include relevant information referring to that separate Will regarding your overseas assets (e.g. date written, and where and with whom it was filed/deposited).

[Suradit69]

AyG is correct.

But I also would insist that the Thai Will includes a paragraph that explicitly stipulates that the Thai will does NOT cover any and all of your assets abroad (i.e. outside Thailand). To be even safer also include relevant information referring to that separate Will regarding your overseas assets (e.g. date written, and where and with whom it was filed/deposited).

In my Thai will I did mention any remaining assured pension payments, investments and bank balances in the US along with fairly specific listing of Thai assets, but the US assets were mainly listed in order to give the Thai lawyer guidance as to who to contact on behalf of my heir since the person who I've designated as my heir would be clueless about such things.

I don't believe a will written in the Thai language would be accepted in the US and it is only the Thai language will that's considered binding in Thailand. If it would be accepted it would probably require a lot of hassle and expense to reach that end and it's difficult to imagine who in the US would undertake to put a Thai will into probate. My US pension fund and brokerage accounts expect me to specify who I want to be my beneficiary and I have listed my Thai heir, so presumably the Thai lawyer can have my death certified by the US Embassy and make a claim for those amounts, which is why I made reference to them in the Thai will. Fortunately at this point I only have financial assets in the US, no real estate or other physical items. Dealing with those things based on a Thai will would probably be an uphill battle lasting years.

Other countries might be more or less accommodating, but I would make arrangements of one sort or another in your home country for any assets you have there and make a Thai will for things you own here.

Edited July 21, 2013 by Suradit69

[Suradit69]

duplicate post

Edited July 21, 2013 by Suradit69

[billoutt]

There is no such thing as a "Thai" will or a "UK" will. Draw up a will and make sure it conforms to the form of wills in both the countries. Have lawyers in both countries review it to make sure. Bill

[howzat]

Good answers from TV posters.

I have one will in UK drawn up by a UK lawyer covering only UK assets for UK family and second will drawn up in Thailand by a Thai lawyer covering Thai assets for my Thai family. My Thai will is also in English and Thai.

[Baerboxer]

There is no such thing as a "Thai" will or a "UK" will. Draw up a will and make sure it conforms to the form of wills in both the countries. Have lawyers in both countries review it to make sure. Bill

Nonsense. The sensible thing you say is talk to lawyers in both countries. Go and speak with a reputable Thia lawyer, preferably one who has also studied in the UK and speaks excellent English. I and a friend did. The advice - use UK lawyers for the UK assets, and Thai lawyers for the Thai will.

Draw it up yourself - yeah right. You understand the nuances of both legal and tax systems do you?