no executor for my will

[catman20]

if I make a will and don't know anyone I can trust to be my executor how will I know that all my wishes would be carried out correctly, also when I die how would the lawyer know that I was dead so that they could start to sort out my affairs ?

WILL.docx

[tim armstrong]

Your lawyer can be your executor. Maybe ask your doctor, or a representative from your embassy, like the embassy counsellor. I'lldo it for a small fee.

[mesquite]

OP, the embassy of your home country will be notified when you die. If you're registered with them they should notify the next of kin. They can then notify the lawyer.

[NancyL]

Your primary beneficiary could be your executor and they have the freedom to hire a lawyer of their own choosing if one is needed. You don't always need a lawyer to settle an estate in Thailand. If the lawyer is named as the executor, then the beneficiaries have no choice and the estate will be billed for the lawyer's time.

[scorecard]

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OP, the embassy of your home country will be notified when you die. If you're registered with them they should notify the next of kin. They can then notify the lawyer.

Also meaning that, if you want your embassy to notify your KIN or other parties then in most cases you have to lodge all of the NOK details etc., at your embassy.

My embassy has an on-line service for this and the form you fill in, on-line, is well constructed and easy to use. For my original country you can also elect (same on-line form) that nobody be informed.

[Beetlejuice]

Catman20: Does your will pertain to assets in your home country, Thailand or both? And are the beneficiaries in your home country, Thailand or both?

[Suradit69]

Your primary beneficiary could be your executor and they have the freedom to hire a lawyer of their own choosing if one is needed. You don't always need a lawyer to settle an estate in Thailand. If the lawyer is named as the executor, then the beneficiaries have no choice and the estate will be billed for the lawyer's time.

Yes, my beneficiary is also the executor. He also knows to take the will back to the lawyer who wrote it to do property transfer and notification to the bank ... I assume after she obtained the appropriate court order.

Not sure about all embassies, but the US embassy would not take on the task of executor. Since I want my heir to proceed without interference of the embassy, I asked them about that and was informed that they would comply with a properly executed Thai will. I included that provision in the will ... that he should not be delayed in making funeral arrangements or in receiving possession of the assets set out in the will. Both the heir and the lawyer have copies of the will.

What the US embassy may do is outlined here. http://bangkok.usembassy.gov/service/death-of-a-us-citizen.html

Obviously other embassies have their own rules that may be more or less comprehensive.

[Maestro]

There will always be a delay in the heirs' gaining access to your assets, but this delay will be shorter if you state an executor in your will.

[davidmann]

lot people think about this ,i thought i would spend all my money having a good time before i die ,way its going hope i don't live to long ,maybe having good time will be the death of me ,

[khunPer]

The book ”Thai Law for Foreigners” says on page 81 about Last Will and executor:

»In Thailand it is very common to have an executor who manages the assets of the deceased and distributes them among the heirs. In the normal course, when there is a will, it will be presented to the court for consideration. The court will make a determination as to the validity of the will and the stated intent of the deceased. It may be presented to the court by a surviving spouse or other family members, an attorney for the deceased, the individual named in the will as the executor, or anyone else with an interest in the will or possession of it. Once legally approved, the court will issue letters of testamentary authorizing the executor to take appropriate action to identify and collect the assets of the deceased and to make distribution of those assets. The court will also issue such other instructions as necessary.

An executor is either named be the testator or assigned by the court. An executor assigned in your will must have the following qualifications:

Be over twenty years of age.

Have full mental capacity.

Not be declared bankrupt by the court.

An executor assigned by court order will be one of the following:

A blood heir or a person stated in your will.

Someone with an interest in your estate such as a spouse from an unregistered marriage.

A prosecutor.

Because the court will consider the qualifications of the executor to manage the assets of your estate, it is not necessary for the heirs to approve the executor. However, a blood heir or a person stated in the will, someone with an interest in the estate such as a spouse who did not register the marriage; or a prosecutor may object to the appointment of an executor. To object as an assigned executor, the person who objects must send a request to the court that has jurisdiction over the death before the distribution of assets.«

(sic.)

Hope that may help...

[Aussieroaming]

Yeah normally your solicitor/lawyer can be executor but for a cost .

In my opinion ask your best mates cos no one will ever do what a mate would

[Maestro]

Removed an off-topic post.

[Langsuan Man]

Thai lawyers as executors: The expression the fox guarding the henhouse comes to mind

I love how they all want to write up the will for you, notarize it, and then keep it in their office for safekeeping.......

Of course once you are dead who is to say what he has of file is actually what you agreed to

Whatever you decide to do, just make sure a copy is registered with your Amphur, that way there will be no changes or alterations

There was a case in Phuket, reported here at Thai Visa, where a Brit told all his friends that he was leaving everything to a local school but upon his death his lawyer told those who inquired that this was not correct and he had died intestate

[tim armstrong]

Catman,

Sorry if this is too sensitive, but I hope you were not intending to die anytime soon, or have some serious medical condition?

[catman20]

no I am good, thx for your concern

[Ridercnx808]

OP if youre american and receive a private message about assistance with your will dont take it. There are members here who make a living from taking a percentage of your will by assisting your spouse.

and that includes draining your credit cards after you die.