Will or Power of Attorney?

[bazza40]

I have a will in Australia which specifies my assets in Thailand will go to my Thai girlfriend, and my assets in Australia are distributed to my sister and son. My son is the executor.

When I visited a legal service in Chiang Mai, I was told I needed a Thai will. I was somewhat shocked by the quote - 17000 baht, when my Australian will cost the equivalent of 8000 baht.

Do I really need a Thai will? Is there a Power of Attorney legal entity in Thailand, in which I could simply nominate my girlfriend for the Thai assets?

[Mapguy]

Yes, you need a Thai will for assets in Thailand to take care of Thai assets. Your Australian will should take care of assets in Australia. Bt17k is a ridiculous price for a Thai will. SHould be less than a third. Talk to more lawyers. Make sure your Thai will is consistent with Australian law and vice versa. Not really a problem.

[NancyL]

Actually, it depends upon how complex your situation is in Thailand. If your only assets are bank accounts, for example, your Australian Will is probably going to work, especially if the local bank manager knows you, your girlfriend and you've made your intentions very clear to your bank manager.

If the situation is more complex,with vehicles, condo, etc, then yes either you should have a Thai Will or else your executor will have to hire a Thai attorney and go to the hassle of having your Australian Will translated and probated thru the Thai courts. You could make things easier by having a Thai Will in place before you go.

Khun Sumalee at 29Tanin.com is recommended by many expats for this type of work.

[Mapguy]

Actually, it depends upon how complex your situation is in Thailand. If your only assets are bank accounts, for example, your Australian Will is probably going to work, especially if the local bank manager knows you, your girlfriend and you've made your intentions very clear to your bank manager.

If the situation is more complex,with vehicles, condo, etc, then yes either you should have a Thai Will or else your executor will have to hire a Thai attorney and go to the hassle of having your Australian Will translated and probated thru the Thai courts. You could make things easier by having a Thai Will in place before you go.

Khun Sumalee at 29Tanin.com is recommended by many expats for this type of work.

NancyL, no, not quite. It is simply wiser not to fuss with it. No "probablies." A valid Thai will is easy to execute without a lawyer, even, but I suggest one that does write a will in both Thai and English. The cost for a will should be around 5000bht. That's cheap security and peace of mind. No fussing around with how friendly your bank manager might be! That's not solid advice. Bank managers change!

Regarding powers of attorney that cover affairs of a foreigner in Thailand, that, too, should be written by a lawyer AND (if bank accounts are involved, as they uisually are) filed (and stamped) by the bank officer for their file. The stamp will probably cost 50 baht.

By the way, NancyL, what happened with the settlement of the will for a foreigner you were executor for? You said on TV Chiangmai long ago that you would report back on the process, the time and procedures involved, etc. What happened? It should be helpful practical information for a lot of people.

Edited August 18, 2015 by Mapguy

[TallGuyJohninBKK]

Actually, it depends upon how complex your situation is in Thailand. If your only assets are bank accounts, for example, your Australian Will is probably going to work, especially if the local bank manager knows you, your girlfriend and you've made your intentions very clear to your bank manager.

Nancy, I've never heard the approach you suggest here being recommended, even regarding simple assets.

Someone doesn't want a wills situation that "probably is going to work," or depend on the whims/vagaries of Thai bank managers, who come and go like the wind. And indeed, 17K is a pretty pricey quote for a Thai attorney prepared will.

In my experience, almost universally, people are advised to have a home country will for their home country assets, and a Thai will to govern whatever Thai assets they may have. To be probated in Thailand, a Thai will obviously needs to be written and filed with the Thai court in Thai language, in addition to any English translation.

Also, the rules/procedures for signing, witnessing, preparing a will in Thailand, in order to be legal, may not be the same as those used in a person's home country. So relying on a home country will to govern Thai assets becomes even riskier in that kind of potential situation.

And frankly, if just Thai bank account or accounts are the only assets involved, a foreigner can go to any amphur office where they have a one-page amphur will form that can be hand written, basically just listing the bank names and account numbers. Usually just a pittance of a processing fee, sometimes witnesses required, but not much more. And there would be no doubt or question about that kind of Thai will being certain to govern a person's Thai assets.

Any intended Thai beneficiary would have no problem helping a foreigner deal with the Thai amphur will process, which is VERY simple.

Edited August 18, 2015 by TallGuyJohninBKK

[Jip99]

Just to say that Powers of Attorney cease on death.

It is likely that you have minimal assets in Thailand and probably no property.

Vehicle/s and bank accounts are the most likely assets. A Will is only really required for a bank account if you are keeping such amounts in to support a retirement extension.

Depending on the bank (local managers may not have jurisdiction when it comes to 800k balances) it is probable that Probate will need to be applied for.

I would suggest that the Wills are cross referred or at least specific reference is made to this being my Thai Will and this is my Australian Will.

A simple Thai Will should be no more than one page and can be done for 3,000 Baht to include Thai translation.

[Litlos]

I am in pretty much the same situation as the OP. Generally a power of attorney is for living people and ceases on the passing of the person is my understanding.

I used an online service in Thailand which I was pretty happy with (thailawonline) at about 5000Baht . I also got it checked by a couple of Thai business people who spoke good English to confirm it said what it was supposed to, mostly that the different language versions matched. There is English and Thai in the will, but the Thai version will take precedence in Thailand for memory.

My research indicated that trying to move any money or funds across borders will make the lawyers wealthy, and in the case of anything leaving Thailand the Thai government is looking for a cut. If anything actually arrives in Australia that bunch of government thieves will take a cut. So two wills, one for each country and as my main bank is in Singapore one of my daughters has access to that after my demise. My suggestion is they have a holiday or two in Singapore and empty the account and not bring it into Australia to be taxed, but it will not be my problem whatever they do.

Cheers

[Jip99]

I am in pretty much the same situation as the OP. Generally a power of attorney is for living people and ceases on the passing of the person is my understanding.

I used an online service in Thailand which I was pretty happy with (thailawonline) at about 5000Baht . I also got it checked by a couple of Thai business people who spoke good English to confirm it said what it was supposed to, mostly that the different language versions matched. There is English and Thai in the will, but the Thai version will take precedence in Thailand for memory.

My research indicated that trying to move any money or funds across borders will make the lawyers wealthy, and in the case of anything leaving Thailand the Thai government is looking for a cut. If anything actually arrives in Australia that bunch of government thieves will take a cut. So two wills, one for each country and as my main bank is in Singapore one of my daughters has access to that after my demise. My suggestion is they have a holiday or two in Singapore and empty the account and not bring it into Australia to be taxed, but it will not be my problem whatever they do.

Cheers

The style of mixing the wording in Thai and English is interesting.

Personally, I prefer the Will to be drawn up in English (the native tongue) for clear understanding and then have a Thai translation undertaken.

There is nothing wrong with the OP using his Australian Will in Thailand - it sounds perfectly clear. Again a Thai translation will be required - and a certified copy of the original. . Caveat - I would still use a separate Will for Thai assets if there is anything slightly complex.

[NancyL]

Some good points here about how you can't rely on a friendly understanding with your local bank manager to take the place of having a proper Thai Final Will in place, especially when a Thai Will costs about 5000 baht.

Still, it is a good idea to have a good relationship with that bank manager. In the case where I was an executor for another foreigner, I was trying to avoid probating the Thai Will since the only assets involved were bank accounts and the bank manager knew me and the deceased (and the deceased plans for the estate) well. But, the manager was surprised to learn that the deceased had long-estranged family in the home country and then became very conservative about whether that family was going to make claim to the funds. For a time it appeared that the bank manager was going to insist that the Final Will be probated. Yes, it was a Thai Will.

In the end, I was able to obtain statements from the estranged family that they wanted no part of the estate and supported the wishes of the departed. I now recommend that when you write a Final Will if you're not leaving anything to any of your children you specifically mentioned that was your intention in the Final Will, rather than simply being silent on the subject, like you'd simply forgotten them. It would have saved me some work in this situation.

Also, it appears to be the policy of Bangkok Bank that if they release funds to heirs based on a Final Will that isn't probated, then they ask for the signature of a "guaranteer" -- ie. someone who has an account at Bangkok Bank that is in excess of the amount of the claim who knew the wishes of the deceased and is known to be of good character by the management of the bank. I had to come up with such a person for the case where I was executor and since then, I've served as "guaranteer" for a couple other cases where others have been executors.

Edited August 18, 2015 by NancyL

[Mapguy]

Actually, it depends upon how complex your situation is in Thailand. If your only assets are bank accounts, for example, your Australian Will is probably going to work, especially if the local bank manager knows you, your girlfriend and you've made your intentions very clear to your bank manager.

Nancy, I've never heard the approach you suggest here being recommended, even regarding simple assets.

Someone doesn't want a wills situation that "probably is going to work," or depend on the whims/vagaries of Thai bank managers, who come and go like the wind. And indeed, 17K is a pretty pricey quote for a Thai attorney prepared will.

In my experience, almost universally, people are advised to have a home country will for their home country assets, and a Thai will to govern whatever Thai assets they may have. To be probated in Thailand, a Thai will obviously needs to be written and filed with the Thai court in Thai language, in addition to any English translation.

Also, the rules/procedures for signing, witnessing, preparing a will in Thailand, in order to be legal, may not be the same as those used in a person's home country. So relying on a home country will to govern Thai assets becomes even riskier in that kind of potential situation.

And frankly, if just Thai bank account or accounts are the only assets involved, a foreigner can go to any amphur office where they have a one-page amphur will form that can be hand written, basically just listing the bank names and account numbers. Usually just a pittance of a processing fee, sometimes witnesses required, but not much more. And there would be no doubt or question about that kind of Thai will being certain to govern a person's Thai assets.

Any intended Thai beneficiary would have no problem helping a foreigner deal with the Thai amphur will process, which is VERY simple.

Wills.

Very sensible, but --- caution!! --- matters might become more complicated than "bank accounts." Even there, bank accounts change periodically (e.g., fixed accounts), and that reality has to be covered. So, don't fuss around with bank and cosy-with-bank-manager roulette, as suggested by NancyL. A valid, properly worded Thai will takes care of common eventualities (with recommended English or other language translation). It is cheap security at a fair price! One problem: Many less Thais undestand other laguiages than English!

Parenthically, banks are generally increasingly cautious about arrangements locally by uninformed foreigners (some with rather "informal" local relationships) since they do have fidicuary responsibility for their accounts and who gets what when.

And, practically speaking, you really don't want to go through the actual process of a registered amphur will, as staight-forward (for very simple stable cases) it might be.

I will beg off recommending a lawyer, unlike NancyL, in her name-dropping fashion. I do not think it is appropriate to recommend a lawyer, directly or indirectly. Do your homework, but much more than on line in TV Chiang Mai.

Over the years I have seen a lot of very misleading advice or recommendations for Chiang Mai. Usually, they involve the "comfort factor:" lawyers' facility for speaking English. In one case, there was a fellow who represented himself as a lawyer but actually wasn't, but he was very likable and sucked in a lot of clients. He worked with "He-who-must-not-be-mentioned-on-TV Chiangmai-who once-had-an-overweaning-relationship-with-the-Expats-Club. The would-be lawyer hadn't even passed the bar, which is a low bar in Thailand! Another character once paraded as an "expert" in front of the Chiang Mai Expats Club was actually sanctioned by the Thai Bar Association!! So, do some homework, including reference to Thai Law for Foreigners, available at bookstores, and reference to any number of established law firms that have informative web sites. There really is a lot of decent advice available.

OH!! And the same thing goes for powers of attorney, which should also be registered with your bank. Check the reference given above, and consult a decent lawyer. Not complicated, really.

Edited August 18, 2015 by Mapguy

[Mapguy]

Some good points here about how you can't rely on a friendly understanding with your local bank manager to take the place of having a proper Thai Final Will in place, especially when a Thai Will costs about 5000 baht.

Still, it is a good idea to have a good relationship with that bank manager. In the case where I was an executor for another foreigner, I was trying to avoid probating the Thai Will since the only assets involved were bank accounts and the bank manager knew me and the deceased (and the deceased plans for the estate) well. But, the manager was surprised to learn that the deceased had long-estranged family in the home country and then became very conservative about whether that family was going to make claim to the funds. For a time it appeared that the bank manager was going to insist that the Final Will be probated. Yes, it was a Thai Will.

In the end, I was able to obtain statements from the estranged family that they wanted no part of the estate and supported the wishes of the departed. I now recommend that when you write a Final Will if you're not leaving anything to any of your children you specifically mentioned that was your intention in the Final Will, rather than simply being silent on the subject, like you'd simply forgotten them. It would have saved me some work in this situation.

Also, it appears to be the policy of Bangkok Bank that if they release funds to heirs based on a Final Will that isn't probated, then they ask for the signature of a "guaranteer" -- ie. someone who has an account at Bangkok Bank that is in excess of the amount of the claim who knew the wishes of the deceased and is known to be of good character by the management of the bank. I had to come up with such a person for the case where I was executor and since then, I've served as "guaranteer" for a couple other cases where others have been executors.

This is a useful post regarding some of the complications that might arise regarding wills and powers of attorney. Thank you, NancyL.

[TallGuyJohninBKK]

And, practically speaking, you really don't want to go through the actual process of a registered amphur will, as staight-forward (for very simple stable cases) it might be.

From my research on the subject, I know of no basis for you to make that kind of statement re amphur wills. And you don't bother to give any explanation of why you say that.

I've been to my local amphur, talked with the wills staff there, seen the form that's used, and looked at the procedures involved. It's all perfectly straightforward and legal.

Thai wills are governed under the Thai Civil and Commercial Code, and amphur wills are one of several methods specifically spelled out in the law. There also have been quite a few threads here on ThaiVisa re preparing Thai wills that are worth reading.

http://www.bia.co.th/032.html

Like so many other things in Thailand, the exact procedures involved are going to vary from amphur to amphur. At some offices, they're fine to have their own staff, for a small tip, serve as the required witnesses. At others, people need to bring their own.

One good thing about the process as best as I recall is, unlike dealing with Immigration, you can deal with whatever amphur office happens to be convenient or cooperative, not just the one office that has jurisdiction where you happen to live at the time.

Lastly, what Thailand really ought to have -- but doesn't right now -- is the ability for bank and other financially account holders to simply declare payable on death beneficiaries on an account by account basis. No lawyers or expensive fees involved. Just fill out a pre-made form with your account info and the beneficiary's info, and the financial institution keeps that as part of your account record. Unfortunately, Thailand hasn't progressed to that kind of procedure as yet.

Edited August 18, 2015 by TallGuyJohninBKK

[NancyL]

There have been several threads on this forum in the past where members have thrown about names of Thai lawyers who have written wills for them. Incidentally. Khun Sumalee hasn't done any work for Hubby or me. Actually the closest I've come to employing a lawyer here in Thailand is a different lawyer (a tax lawyer) who does work for CM Expats Club. Hubby and and I have Amphur Wills for our Thai Wills and we don't dare change our bank accounts because yes, we know that the Amphur Will is valid only for specific bank account numbers.

[TallGuyJohninBKK]

yes, we know that the Amphur Will is valid only for specific bank account numbers.

That's an interesting issue you raise, Nancy. Indeed, in looking at the Amphur will form that the amphurs use, it's kind of oriented to listing specific bank accounts and account numbers.

I've always wanted to ask, but haven't been able to yet, if there's any reason a person doing an amphur will couldn't simply state that they want ALL their assets in Thailand in their name to go to such and such beneficiary, without listing specific account numbers.

Or similarly, to list specific account numbers at the time of the writing, and then add, and any future accounts held in my name.

Next time I'm talking with the wills officer in my local amphur, I'd like to raise those kinds of questions with him. But I don't know if anyone here has already crossed those bridges.

PS - BTW, if my posted translation of the Thai law on amphur wills above wasn't clear, there are actually two different kinds of amphur wills that can be done, as the excerpt explains. One is the public will, where everyone present gets to hear and know your wishes. The other is the "private" amphur will, where no one except you knows or sees the terms of your will and it's simply sealed up until your passing.

The wills officer I spoke with here in BKK said Thais often do the public amphur will, but he said farangs typically do the "private" amphur will -- for reasons that probably don't need much elaboration.

Edited August 18, 2015 by TallGuyJohninBKK

[elgordo38]

Actually, it depends upon how complex your situation is in Thailand. If your only assets are bank accounts, for example, your Australian Will is probably going to work, especially if the local bank manager knows you, your girlfriend and you've made your intentions very clear to your bank manager.

Nancy, I've never heard the approach you suggest here being recommended, even regarding simple assets.

Someone doesn't want a wills situation that "probably is going to work," or depend on the whims/vagaries of Thai bank managers, who come and go like the wind. And indeed, 17K is a pretty pricey quote for a Thai attorney prepared will.

In my experience, almost universally, people are advised to have a home country will for their home country assets, and a Thai will to govern whatever Thai assets they may have. To be probated in Thailand, a Thai will obviously needs to be written and filed with the Thai court in Thai language, in addition to any English translation.

Also, the rules/procedures for signing, witnessing, preparing a will in Thailand, in order to be legal, may not be the same as those used in a person's home country. So relying on a home country will to govern Thai assets becomes even riskier in that kind of potential situation.

And frankly, if just Thai bank account or accounts are the only assets involved, a foreigner can go to any amphur office where they have a one-page amphur will form that can be hand written, basically just listing the bank names and account numbers. Usually just a pittance of a processing fee, sometimes witnesses required, but not much more. And there would be no doubt or question about that kind of Thai will being certain to govern a person's Thai assets.

Any intended Thai beneficiary would have no problem helping a foreigner deal with the Thai amphur will process, which is VERY simple.

I know it is some time ago but 5 years but I paid less than 3,000 bahts for a simple will in my home country. Also I did a contact the lawyer here on TV and he informed me a hand written will will suffice. Also there have be blank will forms floating around here in Chiang Mai that are simple in nature which covers my case but if your talking property cars etc. I could see going to a lawyer. I think 17,000 bahts is really outrageous and usurious. Like many things here they can spot a foreigner coming a mile away.

[elgordo38]

Some good points here about how you can't rely on a friendly understanding with your local bank manager to take the place of having a proper Thai Final Will in place, especially when a Thai Will costs about 5000 baht.

Still, it is a good idea to have a good relationship with that bank manager. In the case where I was an executor for another foreigner, I was trying to avoid probating the Thai Will since the only assets involved were bank accounts and the bank manager knew me and the deceased (and the deceased plans for the estate) well. But, the manager was surprised to learn that the deceased had long-estranged family in the home country and then became very conservative about whether that family was going to make claim to the funds. For a time it appeared that the bank manager was going to insist that the Final Will be probated. Yes, it was a Thai Will.

In the end, I was able to obtain statements from the estranged family that they wanted no part of the estate and supported the wishes of the departed. I now recommend that when you write a Final Will if you're not leaving anything to any of your children you specifically mentioned that was your intention in the Final Will, rather than simply being silent on the subject, like you'd simply forgotten them. It would have saved me some work in this situation.

Also, it appears to be the policy of Bangkok Bank that if they release funds to heirs based on a Final Will that isn't probated, then they ask for the signature of a "guaranteer" -- ie. someone who has an account at Bangkok Bank that is in excess of the amount of the claim who knew the wishes of the deceased and is known to be of good character by the management of the bank. I had to come up with such a person for the case where I was executor and since then, I've served as "guaranteer" for a couple other cases where others have been executors.

This is a useful post regarding some of the complications that might arise regarding wills and powers of attorney. Thank you, NancyL.

As usual Nancy your posts are very helpful.

[elgordo38]

Would appreciate more information from persons doing handwritten will forms or simple Thai fill in forms that are floating around

Thanks

[fang37]

I do have a Thai will - cost zero. BUT, the executor is the lawyer. This is where they can extract plenty.

As a precaution, my goal is to have assets in LOS consisting of cash only.

My Thai wife is now co-signatory.

Upon my departure, it is my understanding, in practical terms, that my wife can just withdraw the $$$.

[TallGuyJohninBKK]

Would appreciate more information from persons doing handwritten will forms or simple Thai fill in forms that are floating around

Thanks

The issue I've never been clear about re farangs doing handwritten wills in Thailand is, a requirement of such a will is it has to be handwritten by the testator, and most farangs can't write a document themselves in Thai language, which is what a Thai will needs to be in to be accepted by Thai courts.

I don't know if a farang hand writes a will in English, and then it's translated by someone else into Thai either in handwriting or typewritten, if that still qualifies under Thai law as an individual's handwritten will.

[bazza40]

Thanks everyone for very useful advice. I don't own any property ( in fact, refuse to ). The assets are a car, scooter, transferable share in a golf club, and fairly substantial bank accounts.

I told the legal service ( very well known ) I thought the 17K was excessive, and they responded by offering a discount. That's an automatic red flag for me - why didn't you offer me your best price at the start? Just another case of the falang generating big baht signs, I suppose.

Thank you all once again.

[Jip99]

I do have a Thai will - cost zero. BUT, the executor is the lawyer. This is where they can extract plenty.

As a precaution, my goal is to have assets in LOS consisting of cash only.

My Thai wife is now co-signatory.

Upon my departure, it is my understanding, in practical terms, that my wife can just withdraw the $$$.

Correct. A joint account will pass to your wife by succession.

It is unfortunate that immigration don't accept joint accounts (for extension purposes) as this would negate the need for a Will in most cases.

[dotpoom]

Go to your local Ampur (City Hall) they will do a Will for about 500 Baht...I think it's something like 300 Bt for drawing it up and 200 Bt for the translation of the English language one into the Thai language.

Edited August 19, 2015 by dotpoom

[akentryan]

My Thai wife, a lawyer, died after 9 days of illness at the age of 57 without a will. There is a house in Bangkok, a house in Pattaya and a car in her name, plus 7 or 8 bank accounts. Her brother is the executor and I paid 21,000 baht for an attorney. The latest is that the case will be finalized by the end of August in accordance with my wishes,

A will would have resulted in everything being resolved months ago. Meanwhile I have in excess of 15 million in Thai bank accounts which i will leave to my Thai family as we had no children. I do not have a will and will not get the draft I have ready translated and recorded until my wife's assets have been settled. If I die without a will I do not see how the Thai family can collect any of the money as they are not "blood" relatives to me.. I have a son in the USA who would likely be the sole heir. I keep telling them that time is of the essence but I'm not sure it can speed up the "slowly grinding wheels".

[lala12]

I am in pretty much the same situation as the OP. Generally a power of attorney is for living people and ceases on the passing of the person is my understanding.

I used an online service in Thailand which I was pretty happy with (thailawonline) at about 5000Baht . I also got it checked by a couple of Thai business people who spoke good English to confirm it said what it was supposed to, mostly that the different language versions matched. There is English and Thai in the will, but the Thai version will take precedence in Thailand for memory.

My research indicated that trying to move any money or funds across borders will make the lawyers wealthy, and in the case of anything leaving Thailand the Thai government is looking for a cut. If anything actually arrives in Australia that bunch of government thieves will take a cut. So two wills, one for each country and as my main bank is in Singapore one of my daughters has access to that after my demise. My suggestion is they have a holiday or two in Singapore and empty the account and not bring it into Australia to be taxed, but it will not be my problem whatever they do.

Cheers

I have just been quoted 10,000.00 baht for a bilingual will (English and Thai) by Bangkok-based lawyers and thought it a little steep. It's fairly straightforward one with half a condo and bank accounts as assets. Can anyone shed some light as to the cost? Thanks

[TallGuyJohninBKK]

Having Thai attorneys draft wills is kind of like buying a car -- you can spend a little or a whole lot, depending on which model you chose/use.

I've seen attorney prices for wills range from maybe 4000b on the low end up to 20-30K on the higher end, and I'm sure there are some who will charge even more.

But one question is, what are you really gaining if you opt for the pricey law firms, especially if you have relatively simple assets and will terms?

Another is, what exact service are you paying for? Just drafting a document only, or also filing for probate in the event you are deceased.

You do know, Thai law in no way requires that a will be drafted by a law firm. You can draft a will yourself, obtain a Thai translation of it, and file it at your Amphur Office, and it has the same legal effect as a will drafted by attorneys.

[TallGuyJohninBKK]

My Thai wife, a lawyer, died after 9 days of illness at the age of 57 without a will. There is a house in Bangkok, a house in Pattaya and a car in her name, plus 7 or 8 bank accounts. Her brother is the executor and I paid 21,000 baht for an attorney. The latest is that the case will be finalized by the end of August in accordance with my wishes,

A will would have resulted in everything being resolved months ago. Meanwhile I have in excess of 15 million in Thai bank accounts which i will leave to my Thai family as we had no children. I do not have a will and will not get the draft I have ready translated and recorded until my wife's assets have been settled. If I die without a will I do not see how the Thai family can collect any of the money as they are not "blood" relatives to me.. I have a son in the USA who would likely be the sole heir. I keep telling them that time is of the essence but I'm not sure it can speed up the "slowly grinding wheels".

I'm not an attorney, but I have read Thai family law.

And, if I understand it right, a surviving husband has significant rights of inheritance under Thai law for a deceased Thai spouse's marital property/assets (meaning assets acquired during the marriage, as opposed to pre-marriage assets), even in a case where the deceased had no will. Those rights are statutory under the law.

The way I read the statute, it's kind of similar to if the couple were to have gotten divorced. In the absence of a will, the surviving husband is entitled to his own 50% share of marital property, and then half of the deceased spouse's 50% share, which would seem to equal about 75% of marital property, with the remainder to be distributed to children or other relations under provisions of the law.

http://www.bia.co.th/032.html

[Jeffkp]

When I did a new US will, my lawyer put in that all my Thai assets would be dealt with a Thai will. I was pleased with the work my Thai lawyer did on my retirement visa and used him to draw up my Thai will (with a English translation). I own a condo, car, etc and all will go to a Thai friend.

Very straight forward and painless.

I've noticed while lurking in these threads that some people seem to make things complicated by trying to save a little money....

P.S. If there are issues, what will I care. I'll be dead!

[peteregion]

I do have a Thai will - cost zero. BUT, the executor is the lawyer. This is where they can extract plenty.

As a precaution, my goal is to have assets in LOS consisting of cash only.

My Thai wife is now co-signatory.

Upon my departure, it is my understanding, in practical terms, that my wife can just withdraw the $$$.

Correct. A joint account will pass to your wife by succession.

It is unfortunate that immigration don't accept joint accounts (for extension purposes) as this would negate the need for a Will in most cases.

[peteregion]

Not correct. A joint Bank Account holder is not by law the beneficiary. If there is a Will, the stated beneficiary is entitled to the deceased monies. It is very important to have a Thai Will if you have Thai assets, properties and financials. There are many complications if a Will is written in another jurisdiction as it may not apply.

[Jip99]

Not correct. A joint Bank Account holder is not by law the beneficiary. If there is a Will, the stated beneficiary is entitled to the deceased monies. It is very important to have a Thai Will if you have Thai assets, properties and financials. There are many complications if a Will is written in another jurisdiction as it may not apply.

You are wrong!... and you quote nothing to support that fallacy.

I will even make it easy for you:-

http://www.thaivisa.com/forum/topic/831403-joint-bank-accounts/