Attorney in Chiang Mai: Last Will & Testament

[cusanus]

First things first. Ask you wife how she feels about trusting her future to a Thai lawyer

You might just be surprised at her answer

So far it hasn't been a matter of choice, unless she silently gives it all away and goes to prison. As for the criminal charges I'm considering, it shouldn't affect Meaw, the future in question isn't hers.

[mesquite]

Yes, my problem is somewhat off topic, my apology to all. Let me comment on the matter of wills from the perspective of age 67 and having been through all this many times in the past. You do NOT need to use an attorney for a will. All that is needed is a written and signed statement (the last if more than one). A matchbook cover might do, the problem is that unless notarized the validity is too easily challenged. In the states, you just go to a local bank and have it notarized and file it in a secure place. In Thailand, only attorneys can notarized, but you can of course go to the consulate and have them do it (probably cheaper). This is very routine for most attorneys in Thailand, shouldn't be any reason to shop around or expect to pay all that much. It's just a stamp of validation, nothing more.

I doubt it. 50 USD at the US Consulate CM

Edited May 20, 2015 by mesquite

[cusanus]

Yes, my problem is somewhat off topic, my apology to all. Let me comment on the matter of wills from the perspective of age 67 and having been through all this many times in the past. You do NOT need to use an attorney for a will. All that is needed is a written and signed statement (the last if more than one). A matchbook cover might do, the problem is that unless notarized the validity is too easily challenged. In the states, you just go to a local bank and have it notarized and file it in a secure place. In Thailand, only attorneys can notarized, but you can of course go to the consulate and have them do it (probably cheaper). This is very routine for most attorneys in Thailand, shouldn't be any reason to shop around or expect to pay all that much. It's just a stamp of validation, nothing more.

I doubt it. 50 USD at the US Consulate CM

You mean 50USD is cheaper than 5,000TB for an attorney? I doubt it. If you do it for 30TB at any Amphur office, okay, but I would feel safer with a notary.

[mesquite]

Yes, my problem is somewhat off topic, my apology to all. Let me comment on the matter of wills from the perspective of age 67 and having been through all this many times in the past. You do NOT need to use an attorney for a will. All that is needed is a written and signed statement (the last if more than one). A matchbook cover might do, the problem is that unless notarized the validity is too easily challenged. In the states, you just go to a local bank and have it notarized and file it in a secure place. In Thailand, only attorneys can notarized, but you can of course go to the consulate and have them do it (probably cheaper). This is very routine for most attorneys in Thailand, shouldn't be any reason to shop around or expect to pay all that much. It's just a stamp of validation, nothing more.

I doubt it. 50 USD at the US Consulate CM

You mean 50USD is cheaper than 5,000TB for an attorney? I doubt it. If you do it for 30TB at any Amphur office, okay, but I would feel safer with a notary.

You mean Thai attorneys charge 5000 thb for notarization only? Or do you mean the U.S. Consulate will prepare a will for 50 usd? Edited May 20, 2015 by mesquite

[Langsuan Man]

The safest way is to have it done by the local Amphur who will record it, have it witnessed by two Thais, and secure it in their vault. That way NO ONE can change it

All for around 50 THB plus a small gratuity for the witnesses.

Unlike a Thai lawyer who may notarize it but then will want to "safe keep" it for you (akin to having the fox guard the chicken coop)

First things first. Ask you wife how she feels about trusting her future to a Thai lawyer

You might just be surprised at her answer

This was directed to the OP not to the thread hijacker

[cusanus]

Yes, my problem is somewhat off topic, my apology to all. Let me comment on the matter of wills from the perspective of age 67 and having been through all this many times in the past. You do NOT need to use an attorney for a will. All that is needed is a written and signed statement (the last if more than one). A matchbook cover might do, the problem is that unless notarized the validity is too easily challenged. In the states, you just go to a local bank and have it notarized and file it in a secure place. In Thailand, only attorneys can notarized, but you can of course go to the consulate and have them do it (probably cheaper). This is very routine for most attorneys in Thailand, shouldn't be any reason to shop around or expect to pay all that much. It's just a stamp of validation, nothing more.

I doubt it. 50 USD at the US Consulate CM

You mean 50USD is cheaper than 5,000TB for an attorney? I doubt it. If you do it for 30TB at any Amphur office, okay, but I would feel safer with a notary.

You mean Thai attorneys charge 5000 thb for notarization only? Or do you mean the U.S. Consulate will prepare a will for 50 usd?

Ok, ok, you're not serious are you. Someone quoted about 5,000 baht I believe for an attorney to prepare a will, which I'm sure includes a stamp, but why have an attorney write the will? You can't type or what? But only attorneys are notaries in Thailand, no freebies at the bank. Maybe you can get an attorney to just stamp your paper for a nominal fee, I don't know. The consulate charges 1500 baht or so to notarize. If you want a will that represents your will, why not prepare it yourself? There are still a few computer programs as well that will guide your through making a will that meets legal guidelines and maybe keep you from forgetting something. Then take it to an attorney or the US Consulate and pay the money.

[northernjohn]

Ok, where are we now? Except for inexcusable negligence on the part of the police and courts, this witch should have been behind bars for bank fraud five years ago, but instead she's been using the court to eviscerate Meaw. I'm glad to have Dr. K, but I'm at a total loss as to why the criminal charges haven't been reversed. HELP me out here. I need a very efficient attorney who will prosecute this woman based on very solid evidence for bank fraud, perjury and extortion. I'll pay a decent sum to have the charges filed, double it once the court hearing on it is held, and double it once more once the witch checks into her prison cell.

I think a lawyer to write wills is not exactly who you are looking for. They may be lousy at some thing else.

I hope she's better than her website.

http://29tanin.com/

Every link comes up "URL not found"

Worked good for me

Click on Meet the team for example:

Not Found

The requested URL /meet-the-team/ was not found on this server.

Additionally, a 404 Not Found error was encountered while trying to use an ErrorDocument to handle the request.

Yu are correct. but it did give their new location and a list of services they provide.

[Trujillo]

Sorry to bring this up again, but as someone who spent years in the past dealing with legal documents, including wills, I can say that your phrase, "DIY will," seems to have an edge of disdain to it. It shouldn't.

There is NOTHING a lawyer can provide that you can't do yourself. As an earlier post said, find out the requirements in Thailand and make the will yourself and have it translated. If something needs to be reported or filed, do that.

It saddens me to see people who misunderstand what a will is. There is no legalese mumbo-jumbo that only a bonafide lawyer can understand and write down. I have seen probated wills which were hand written, half a page long and not even witnessed which were valid.

In a will, you set out what you want to do with your worldly empire and effects after you die, that's it.

Read a few wills to see how they go; you will probably have a recurring thought: "Jez, I could do that."

The "making a will" deal by lawyers is a scam, pure and simple. Five thousand baht to take dictation and put it in a form (I think you can download fill-in-the-blank will forms for Thailand if you want). Are you kidding? 15,000 baht? Wow, their forms must three times as fancy....

Remember, YOU are giving someone else all the information on what YOU want done with your estate -- the only one who could "screw it up" -- lawyer or not -- is YOU. You have to come up with all the details and all the lawyer has to do is strut around and put in some fancy words like, "heretofore" and "not withstanding."

Go ahead and spend the money to get a "real lawyered up" will and then read it over and ask yourself the question, "What exactly did I pay this fellow for?"

[Langsuan Man]

There was an incident in Phuket where an Englishman told all his friends that when he died he wanted his estate to go to the local school to educate the local kid's because he had never had any

Fast forward a couple of years and he dies but his lawyer tells everyone he died without a will.

Now think about that for a minute ! Why would you have a lawyer and NOT have a will

The school got nothing and the lawyer sucked the estate dry

" looking " for heir's

[cusanus]

There was an incident in Phuket where an Englishman told all his friends that when he died he wanted his estate to go to the local school to educate the local kid's because he had never had any

Fast forward a couple of years and he dies but his lawyer tells everyone he died without a will.

Now think about that for a minute ! Why would you have a lawyer and NOT have a will

The school got nothing and the lawyer sucked the estate dry

" looking " for heir's

I doubt this, but it makes a person think. Nothing unusual about having an attorney and no will, but why did he have an attorney? An attorney should not have control over anybody's assets, but farangs are particularly vulnerable to forgery, even more so if they didn't have a spouse who was on the ball. But it gets back to the wisdom of not giving anyone too much control over your life, which my good little wife fell into and it grew into a monster problem. Just write up your own will, do a good job making it complete and be specific, then have it notarized by an impartial attorney or use the consulate. That most attorneys would do something like that is a given, though. They take everything you've got in a fast hurry and do nothing for you. What they've done to Meaw is a heinous crime, but as they say, this is Thailand. But it could be just about anywhere.

[NancyL]

Actually a Final Will can be very simple, just so no one is around to contest it. If your life is very simple -- never married, no children, no former spouses, etc, then a simple will is just fine -- even a handwritten Will. One thing I've learned here in Thailand is that if you have children and don't wish to leave them anything, be sure to say that in your Final Will. I've seen several situations where the Executor of a Final Will had to deal with very conservative banks and courts because they feared the adult children in the home country would contest the Final Will when that was the last thing on their minds. Once we figured that out and got affidavits from them that they weren't going to contest the Final Will , the estate was settled here in Thailand.

[NancyL]

So, frankly I think all this talk of what you "need to do" to have a valid Final Will in Thailand or anywhere else for that matter is bogus because it depends on your life circumstances.

If you're an age 75 retiree living off a Social Security income in a rented studio condo and an 800,000 baht bank account to justify your retirement visa and no wife, just a string of Thai G/F -- then a simple handwritten Final Will is just fine. Hope the G/F doesn't mind waiting for a while for Bangkok Bank to release the funds.

Conversely, if you and your wife of 28 years have numerous bank accounts and several homes on three continents with children from four marriages on six contientents, plus various assets including houses, cars, a boat, airplane, jet skis and various business ventures which are still operating. Oh, plus the six former spouses and various unsettled lawsuits between you and your spouse. Well -- you get the picture -- you and your loving wife don't have a "simple estate" and need the best lawyer in Chiang Mai to get you set up and make sure each is protected if the other falls over and throws all four feet in the air.

[Dante99]

So, frankly I think all this talk of what you "need to do" to have a valid Final Will in Thailand or anywhere else for that matter is bogus because it depends on your life circumstances.

That is correct. And the legal costs depend on it too.

Sure took a lot of posts on the thread to get to it.

[Langsuan Man]

There was an incident in Phuket where an Englishman told all his friends that when he died he wanted his estate to go to the local school to educate the local kid's because he had never had any

Fast forward a couple of years and he dies but his lawyer tells everyone he died without a will.

Now think about that for a minute ! Why would you have a lawyer and NOT have a will

The school got nothing and the lawyer sucked the estate dry

" looking " for heir's

I doubt this, but it makes a person think. Nothing unusual about having an attorney and no will, but why did he have an attorney? An attorney should not have control over anybody's assets, but farangs are particularly vulnerable to forgery, even more so if they didn't have a spouse who was on the ball. But it gets back to the wisdom of not giving anyone too much control over your life, which my good little wife fell into and it grew into a monster problem. Just write up your own will, do a good job making it complete and be specific, then have it notarized by an impartial attorney or use the consulate. That most attorneys would do something like that is a given, though. They take everything you've got in a fast hurry and do nothing for you. What they've done to Meaw is a heinous crime, but as they say, this is Thailand. But it could be just about anywhere.

Every Thai lawyer I have asked about doing a will have all said that they will "safe keep " the will for me. Thanks but no thanks.

I prefer to trust the Amphur who has absolutely nothing to gain versus a lawyer who has a lot to gain, especially if I am am not around to dispute it

Edited May 21, 2015 by Langsuan Man

[cusanus]

There was an incident in Phuket where an Englishman told all his friends that when he died he wanted his estate to go to the local school to educate the local kid's because he had never had any

Fast forward a couple of years and he dies but his lawyer tells everyone he died without a will.

Now think about that for a minute ! Why would you have a lawyer and NOT have a will

The school got nothing and the lawyer sucked the estate dry

" looking " for heir's

I doubt this, but it makes a person think. Nothing unusual about having an attorney and no will, but why did he have an attorney? An attorney should not have control over anybody's assets, but farangs are particularly vulnerable to forgery, even more so if they didn't have a spouse who was on the ball. But it gets back to the wisdom of not giving anyone too much control over your life, which my good little wife fell into and it grew into a monster problem. Just write up your own will, do a good job making it complete and be specific, then have it notarized by an impartial attorney or use the consulate. That most attorneys would do something like that is a given, though. They take everything you've got in a fast hurry and do nothing for you. What they've done to Meaw is a heinous crime, but as they say, this is Thailand. But it could be just about anywhere.

Every Thai lawyer I have asked about doing a will have all said that they will "safe keep " the will for me. Thanks but no thanks.

I prefer to trust the Amphur who has absolutely nothing to gain versus a lawyer who has a lot to gain, especially if I am am not around to dispute it

THINK! The person(s) you want to trust is the beneficiary if you want to be sure he/she receives it. Every beneficiary should have a notarized copy.

[cusanus]

My apology for skewing the topic, but the will issue had some simple solutions. I'm still looking for an efficient attorney who will do a criminal case in Chiang Mai. Not speaking Thai is a very bad handicap, and Khun Sumalee tells me she can't do that kind of case. Sincere gratitude to anyone who can steer me.

Thanks!

[Mapguy]

There are quite a few bits and pieces about lawyer services and Thai wills in this thread as well as a lot of comments criticizing lawyers or calling them useless. More on that later, but first a recommendation for a comprehensive source on legal matters is Thai Law for Foreigners, Paiboon Publishing. It is generally available.

This book covers the different types of wills (handwritten, regular, civil-documented, secret, oral) as well as the situation when you die intestate or there is a successful challenge to your will (usually because the deceased has been negligent, not because of bad lawyers). The information reflects what is in the Civil & Commercial Code, available in Thai and in English translation on-line. Do note, however, that case law may have some impact in Thailand in some complex situations.

What is significant, if you have assets in different countries, is to provide for the distribution of those assets per the law of each country where the assets sit. Wills written outside of Thailand may or may not be accepted by a Thai court (after translation into Thai), so you have to decide now how handle the situation — and you had better consult a lawyer about that if you have any wishes or estates that you care about. A relatively simple --- and wise --- solution to the problem is to have two wills, one for Thailand and one for each country where you might have assets abroad, but one should be careful not to invalidate one by the other. They can not contradict one another. That can be challenged. There are also some other rather esoteric differences that some people with the wherewithall will be familiar, but that is not generally the case.

One bugaboo, however, would be ignoring or disinheriting “rightful” heirs (e.g., parents, children, et cetera, et cetera) or others who might wish to make a claim. Generally, this is not a problem,especially if you are in good standing with those who might make a "reasonable" claim. All hell could break loose if you don’t provide for that. For example, challenges could crop up from family abroad from last-minute "daddy was in his dotage" claims. Not unusual. And such claims might very well be made in Thailand where former Thai girlfriends or spouses and in behalf of children a foreigner might have spawned in this or other local ports of call. Finally, and awfully, I was told the story (by a lawyer) of one legitimate Thai wife whose rights were basically obliterated by the daughter of her foreign husband who came to Thailand and just swooped up all daddy's documents into her briefcase before returning home, leaving the bewildered Thai wife stranded. Better get your act together --- if you care!

There is mention of “notarization” above. Thailand is not a signatory to the Hague Convention on Legalization of Foreign Public Documents. Lawyers who are licensed to act as notaries for Thai documents are ok inThailand; otherwise, additional steps are usually needed for foreign use of the document. Some lawyers are qualified in Chiang Mai; many are not so qualified. So, in picking a lawyer, one should be careful, especially in an international situation. This does not mean that a 5000 bhat will can't cover the situation.

In Chiang Mai there are large firms as well as shop-front lawyers. There was even a very personable fellow based in Chiang Mai who hoodwinked recent arrivals into believing that he was a lawyer! That person seems to have disappeared of late, maybe to Pattaya (?), the city of foreign fools?

For do-it-yourself people, whether you abhor lawyers or not, it is possible to do your own thing in Chiang Mai. There’s even a method with an amphur form to store a will with your amphur. Go visit the amphur. There are earlier threads on ThaiVisa Chiang Mai about that. It depends on how security-conscious or secretive you might wish to be. Lawyers, safe deposit boxes, your desk drawer, whatever will all do — so long as appropriate people know where to look ! It is absolutely best that rightful heirs get a copy, especially when relatives of the deceased abroad might wish to challenge a Thai spouse, partner and others a foreigner might have spawned or wish to support (natural and adopted children ) in Thailand.

Wills in Thailand can also function as “living wills.” This works if the will is “open” and distributed appropriately (preferably discussed in advance) to pertinent medical facilities and practitioners. If you choose to be secretive about your last will/ testament, you need to write a living will, should you want one. There is a relatively new law about living wills in Thailand. In Chiang Mai, check with Lanna Care Net locally or elsewhere about all that, if you wish.

Finding a decent lawyer in Chiang Mai? Yes, there are decent lawyers, but is it a great idea to find one lazily by consulting ThaiVisa Chiang Mai? Be careful! Regrettably, for most nationalities, not much information is generally available in Chiang Mai. There is the list of professional services provided by the US Consulate. The US Consulate demurs from any recommendation, and rightfully so. Some are good and some are not so good — depending mostly on degree of sophistication — from my experience and listening to others. GO INTERVIEW— AFTER you read Thai Law for Foreigners.

And a will is not all that is needed! In addition to a living will, if you wish to have one, then there should be a letter of instructions which details what heirs need to claim beneficiary and surviving spouse benefits from “home” government and private pensions or other investments abroad and all the business about takling care of your emains and "closing up shop." If that is not provided, then some people you love here might be totally screwed by not knowing what is available and how to get it.

I have heard all sorts of stories reflecting all sorts of situations in Chiang Mai. The ones that make you wince are the ones when loved survivors haven’t known what is rightfully theirs and what to do to get it! That is something to get upset about! There are even worse stories of taking advantage than that, but never mind!

People who scoff off-hand at lawyers and at 5,000 bhat or so to write a simple will (a reasonable charge ) I do not understand at all.

All the above is, I hope, reasonable. Now, here’s a better target for critics to shoot at if you think I am overstating what would be beneficial to do. I often get the impression that too many foreigners come to Chiang Mai to get a cheap live-in screw, maybe have children, may or may not visit the amphur to register a marriage, and don’t give much of a damn past a night out on the town. That definitely does not apply to all who will read this, but why do we keep hearing these stories? Even if people do give a damn, it does take some preparation to care for those you care about. And that might involve a lawyer.

Edited May 22, 2015 by Mapguy

[mesquite]

Regarding Thai Law for Foreigners, I am unable to get the ebook to download after creating an account and paying for it. I only get a 370 byte pdf file that is corrupted.

Has anyone downloaded this book and if so, how?

The website appears to be a home brew effort:

http://www.paiboonpublishing.com/details.php?prodId=62

Edited May 23, 2015 by mesquite

[cusanus]

Regarding Thai Law for Foreigners, I am unable to get the ebook to download after creating an account and paying for it. I only get a 370 byte pdf file that is corrupted.

Has anyone downloaded this book and if so, how?

The website appears to be a home brew effort:

http://www.paiboonpublishing.com/details.php?prodId=62

I'm not going to try it from what you've told me. Well, we see that the matter of a will can be quite complex with so many variables from one person to another. It's also fairly well established that a court cannot be trusted, but it is usually possible to avoid a court by naming an executor in the will. No big deal, if you have a family member or someone you can trust. Yes, it can be challenged, but you can also distribute your assets in advance of your death. When I came to Thailand 10 years ago I had beneficiaries tied to my assets which couldn't be contested. These were family members who had done little or nothing for me over the years and some stole nearly half a million bucks by trickery. None, even my own kids, seemed to care about a sizeable inheritance and they cost me millions due to their controlling behavior. They finally dumped me in Thailand by myself without an income after three years. At that point, I liquidated everything and brought it to Thailand for myself. I won't be needing a will now that I've remarried, because everything is joint with my Thai wife, and both wives should qualify for SS benefits if I live long enough. Which brings me back to the statement someone said he could not marry his Thai live in because she would lose prior vet benefits from her former farang husband. I find that strange, because she would not lose SS benefits for sure by remarrying provided she had been married for ten years, and any SS benefits (usually larger anyway) are reduced by vet disability. I'm not sure, but it could be that she still qualifies for SS. Be sure to check these things out. You must get your Thai wife an IRS ITIN for her to qualify for future SS benefits. Basically, when I die, there won't be anything in my name, anyway, but I have already given everyone a good piece and and nobody should have reason to complain. You have to be able to trust some people, but attorneys are not for trusting.

[Dante99]

for your Thai wife to qualify for SS benefits, there are more requirements than just an IRS ITIN

[NancyL]

Regarding Thai Law for Foreigners, I am unable to get the ebook to download after creating an account and paying for it. I only get a 370 byte pdf file that is corrupted.

Has anyone downloaded this book and if so, how?

The website appears to be a home brew effort:

http://www.paiboonpublishing.com/details.php?prodId=62

I'm not going to try it from what you've told me. Well, we see that the matter of a will can be quite complex with so many variables from one person to another. It's also fairly well established that a court cannot be trusted, but it is usually possible to avoid a court by naming an executor in the will. No big deal, if you have a family member or someone you can trust. Yes, it can be challenged, but you can also distribute your assets in advance of your death. When I came to Thailand 10 years ago I had beneficiaries tied to my assets which couldn't be contested. These were family members who had done little or nothing for me over the years and some stole nearly half a million bucks by trickery. None, even my own kids, seemed to care about a sizeable inheritance and they cost me millions due to their controlling behavior. They finally dumped me in Thailand by myself without an income after three years. At that point, I liquidated everything and brought it to Thailand for myself. I won't be needing a will now that I've remarried, because everything is joint with my Thai wife, and both wives should qualify for SS benefits if I live long enough. Which brings me back to the statement someone said he could not marry his Thai live in because she would lose prior vet benefits from her former farang husband. I find that strange, because she would not lose SS benefits for sure by remarrying provided she had been married for ten years, and any SS benefits (usually larger anyway) are reduced by vet disability. I'm not sure, but it could be that she still qualifies for SS. Be sure to check these things out. You must get your Thai wife an IRS ITIN for her to qualify for future SS benefits. Basically, when I die, there won't be anything in my name, anyway, but I have already given everyone a good piece and and nobody should have reason to complain. You have to be able to trust some people, but attorneys are not for trusting.

Cusanus, you probably should have started you own thread asking for advice about how to locate a lawyer, since your case is complex and the circumstances very specific, but I'd like to address a point you bring up.

My speculation is that the reason the Thai lady doesn't want to marry her "farang live-in" (presumably U.S.-citizen partner) is that she's receiving a VA widow's pension, by virtue of being married for at least one year to a man who served in the U.S. military during a wartime period. Currently the widow's pension is about $720/month -- more if there are dependent children, if the widow is disabled, etc. The widow need not ever have lived in the U.S.

But, for a foreign widow to claim a late husband's Social Security, she would have had to have lived in the U.S. for five years during the marriage. It's doubtful the Thai partner in this situation ever stayed in the U.S. for that long. In order the claim the VA widow's pension, it is not required that the Thai wife ever have been to the U.S. -- only that the marriage existed for at least one year prior to the death of the veteran.

Edited May 23, 2015 by NancyL

[cusanus]

for your Thai wife to qualify for SS benefits, there are more requirements than just an IRS ITIN

Well, let's hear about it then.

[Dante99]

for your Thai wife to qualify for SS benefits, there are more requirements than just an IRS ITIN

Well, let's hear about it then.

Easy to find on the SS website, non citizen spouse, specific interest might be residence requirements which are something like 2 or 3 years US residence while married but you best check the details on the website.

Unfortunately a lot of guys think their Thai wife automatically gets survivors benefits or whatever they are called which is not the case. Sad for the ladies left in the cold, sometimes kids too.

[cusanus]

for your Thai wife to qualify for SS benefits, there are more requirements than just an IRS ITIN

Well, let's hear about it then.

Easy to find on the SS website, non citizen spouse, specific interest might be residence requirements which are something like 2 or 3 years US residence while married but you best check the details on the website.

Unfortunately a lot of guys think their Thai wife automatically gets survivors benefits or whatever they are called which is not the case. Sad for the ladies left in the cold, sometimes kids too.

This explains it fairly well, I believe: http://bit.ly/1SsDFGs

[Dante99]

for your Thai wife to qualify for SS benefits, there are more requirements than just an IRS ITIN

Well, let's hear about it then.

Easy to find on the SS website, non citizen spouse, specific interest might be residence requirements which are something like 2 or 3 years US residence while married but you best check the details on the website.

Unfortunately a lot of guys think their Thai wife automatically gets survivors benefits or whatever they are called which is not the case. Sad for the ladies left in the cold, sometimes kids too.

This explains it fairly well, I believe: http://bit.ly/1SsDFGs

Good luck. Believe it if you want, it seems very incomplete to me.

[luther]

I'm revising this old thread in the hopes that some folks out there can share their experiences in the last two years.

I would like a document prepared by a lawyer that minimizes the hassle of a surviving spouse obtaining access to the other spouse's Thai bank accounts and car. (no children or real estate involved)

Specific lawyers, approximate costs, and will execution experiences appreciated.

[daoyai]

For US citizens there is a"living trust" type of will that eliminates the need for probate, is that possible to do in Thailand and if so who is qualified to do the paperwork?

[CMBob]

For US citizens there is a"living trust" type of will that eliminates the need for probate, is that possible to do in Thailand and if so who is qualified to do the paperwork?

No, it's not possible - the concept of a trust (testamentary or inter vivos/living) not being legally recognized here. I asked about that when I had my Thai will drafted here.

That doesn't prevent you from using your US trust from transferring non-Thai funds or whatever to Thai beneficiaries but, for Thai assets (bank accounts, cars, condos, etc.), it won't work here.

[Aussie69]

A little off the OP topic, but I have a somewhat related question.

I have a Last Will & Testament and EPA created in Australia. I have no Thai dependants or beneficiaries, the majority of my finances are in Australian banks.

If I get sick and need to enact the EPA will the decisions/requests of my attorney be recognised in Thailand or do I need to also have a Will & EPA drawn up in Thailand? For instance if my nominated attorney needs to make decisions regarding the continuation or termination of ongoing medical treatment does that person have any legal position to act on my behalf in Thailand?

Edited April 24, 2016 by Aussie69

[Aussie69]

Sorry I should have paid attention. I believe CMBob's post may have answered part of my question in terms of Thailand funds etc.

But if I want my nominated EPA to be recognised I will need a copy drawn up in Thailand to cover such scenario?

No, it's not possible - the concept of a trust (testamentary or inter vivos/living) not being legally recognized here. I asked about that when I had my Thai will drafted here.

That doesn't prevent you from using your US trust from transferring non-Thai funds or whatever to Thai beneficiaries but, for Thai assets (bank accounts, cars, condos, etc.), it won't work here.

Edited April 24, 2016 by Aussie69