Attorney in Chiang Mai: Last Will & Testament

[CMBob]

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

I'm not exactly sure what an EPA is but I'm guessing it's what some of us in the US would call a durable power of attorney. I don't know the answer for certain but would think that it would have no effect whatsoever here in Thailand. Your home country executor (who's probably also is the named power of attorney) would have to open a probate here in Thailand to ultimately retrieve your Thai assets. Once he/she files that petition and receives the appointment order from the court here, he/she would be able to gain control pending completion of the probate. I've been told by a couple of Thai attorneys that the process usually takes 5-6 months and that the cost is somewhere between 50-60,000 baht (although I'm sure some have probably paid much higher amounts for probate services).

Your home country Will would be usable here although it first has to be translated into Thai (and perhaps even certified in some manner by your home country embassy/consulate here). And I'd note that it's rather important that your home country executor actually knows what you own here (i.e., it might be wise to include a note in your home country paperwork indicating what you own here, bank address and account number, location of personal property, copy of car title, etc.).

I've got a Will (pour-over) and Living Trust back in the US but, for my Thai assets, I've got a Thai Will, Thai executor, and Thai beneficiary. Given my situation, it just seems easier and more efficient to do it that way. If you have no Thai beneficiaries, maybe some of that would be a waste of time/expense (and, if your Thai assets in total are less than a few thousand dollars (US) in value, maybe a financially pointless exercise to even bother with a Thai probate).

[Edit: If one has in his/her home country what we typically call a living trust, normally one also makes a very short Will (a "pour-over" Will) that basically transfers anything you left out of your trust into your trust via probate. The hassle there, of course, is the phrase "via probate." With a fully funded (meaning you've transferred all of your assets to your trust name) living trust, there is no need for a probate at all; however, if you end up having to probate Thai assets in Thailand, those funds (and property) will then be next handled by your "pour-over" Will in your home country.....which means then you'll need to probate those assets in your home country into your trust. That particular problem seems to me to be the biggest argument for having a separate Thai Will which transfers your Thai assets directly to some beneficiary....so you can avoid the unintended probate back in your home country.]

Edited April 24, 2016 by CMBob

[Aussie69]

Thanks CMBob.

Yes you are correct, EPA is Enduring Power of Attorney, someone(s) nominated by me to make decisions on my behalf should I become incapable of such. For my circumstances the key point of interest to me is their ability in Thailand to legally make medical decisions & direct medical providers as per my wishes. Most of my funds are AU based so the Australian side of the law gives them legal access to my funds to cover any needs.

On the estate side of things, yes my executor(s) have detailed instructions & details of all my assets, I keep it updated. They will also invoke the support of my lawyers & financial advisors.

I think from reading the thread that I should at very least get both my will & EPA converted & certified in Thailand.

Edited April 24, 2016 by Aussie69

[NancyL]

The best way to ensure that your medical wishes are carried out here is to have an Advance Health Directive also known as a Living Will in the west. These are legal here and it's best to appoint someone local to be your Health Care Representative and another to be that person's alternate should the first not be available.

I've seen situations where the primary decision maker was overseas and was totally clueless about how health care system operates here nor did they really understand the wishes of their relative. Guess what doctors want to do here? They're good Buddhists and they "respect life". In many ways, their technology and medical know-how has outstripped their examination of just how ethical it is to keep someone alive when that person is very elderly, frail, and will never again regain anything close to a normal life -- or even consciousness. In these situations, the overseas decision-maker says "I'll go along with whatever the doctors recommend." and guess what the doctors recommend?

So, it's important to have a Health Care Representative who is here and can serve as your advocate. If they themselves don't know the medical system well, be sure it's someone who has the ability to know when they're over their heads and willing to go seek help within the local expat community to find someone who can mentor them thru the process to make sure you don't endure unnecessary suffering, pointless procedures or draining of your estate.

[Aussie69]

... it's best to appoint someone local to be your Health Care Representative and another to be that person's alternate should the first not be available.

Thank you Nancy.

My Thailand based (Australian) sister is my primary power of attorney. She is well informed of my wishes, however she would be primarily reliant upon the advice of medical practitioners in her decision making.

Can you explain more about the Health Care Representative you stated.