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Posted

hi...advice needed....my friend (who lives in Pattaya ) got married in Pattaya at the marriage office in naklua, then 2 days later went back to UK to sort some business out (without registering the marriage at the gov office in Bangkok ) and while in uk decided to make a Will .....when he goes back to Thailand he is going to register the marriage in Bangkok.....i told him i think ...this will then make the Will null and void when he is registered married in Bangkok ?.....i know that in uk when you get married all Wills become null and void.......so is he classed as being married officialy in Pattaya office ceremony or when he goes to Bangkok to register ?.....thanks for any advice

Posted

Quote from a Uk website: "When you marry, any Will that you may have made previously is automatically revoked. The only exception to this is if your Will states that a marriage is about to take place and contains explicit instructions that you intend for the Will to remain valid after marriage."

so it is really up to your friend to decide whether he wants to will to be in place before and after registering his marriage by clearly stating it in his will. I guess since he is about to do a will at this precise time, there must be reasons for him to keep the will in place after registering the marriage, therefore he must clearly state it in his will.

Posted

He got married that day at the Naklua office and that is recognised in the UK.

He does not need to "register" it anywhere else and can no longer deposit the certificate it at the GRO overseas.

https://www.gov.uk/government/news/marriage-certificate-registry-service-discontinued-for-overseas-brits

I would suggest he gets a "certified translation" of the marriage certificate, registration and his wife's birth certificate if she is a beneficiary of his will.

In my case my company pension scheme requires these before any widow's benefits can be paid, so I decided to get these done and approved by them whilst I am still alive.

His UK will is valid as he made it after he was married, but as the lawyer says in his forum, if he has Thai assets it my be worth his while making a will in Thailand to cover those.

PS. The law here in Scotland is different and marriage does not automatically revoke a will.

Posted

If he made a will, properly witnessed, after marriage, then will is valid,. Surely he must have had an affidavit of freedom to marry from the embassy/consulate translated into Thai and verified at Laksi? As long as he has a Thai marriage certificate and the supporting documentation, preferably in Thai and English and was married at an Amphoe office he should need nothing else. If he is ever going to need pension funds or widow's funds from the UK he should make sure past employers/providers have notarised English translations of everything!

Posted

He got married that day at the Naklua office and that is recognised in the UK.

He does not need to "register" it anywhere else and can no longer deposit the certificate it at the GRO overseas.

https://www.gov.uk/government/news/marriage-certificate-registry-service-discontinued-for-overseas-brits

I would suggest he gets a "certified translation" of the marriage certificate, registration and his wife's birth certificate if she is a beneficiary of his will.

In my case my company pension scheme requires these before any widow's benefits can be paid, so I decided to get these done and approved by them whilst I am still alive.

His UK will is valid as he made it after he was married, but as the lawyer says in his forum, if he has Thai assets it my be worth his while making a will in Thailand to cover those.

PS. The law here in Scotland is different and marriage does not automatically revoke a will.

ok thanks ...good to know he does Not have to go to Bangkok now to register the marriage now....he does not have assets in thailand...mostly in uk bank accounts / shop / flat etc....so he was married after going to the marriage office in naklua.....Bangkok irrelevant now ...thanks

Posted

If he made a will, properly witnessed, after marriage, then will is valid,. Surely he must have had an affidavit of freedom to marry from the embassy/consulate translated into Thai and verified at Laksi? As long as he has a Thai marriage certificate and the supporting documentation, preferably in Thai and English and was married at an Amphoe office he should need nothing else. If he is ever going to need pension funds or widow's funds from the UK he should make sure past employers/providers have notarised English translations of everything!

hi yes he got the freedom to marry from bangkok....i was not sure if the marriage had to be officialy stamped in bangkok, but now know that it did not ..and now apparently you dont even need to go to bangkok..but thanks for the advice about telling him to get everything translated..cheers

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