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Writing own will


louse1953

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I had a lawyer friend look over a simple one-page will I wrote up, wife gets it all, had it sealed and stamped by US Embassy with two witnesses. This was about my 5th will, starting with detailed multi page versions some 30 years ago, but they got simpler as my life simplified.

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I had a lawyer friend look over a simple one-page will I wrote up, wife gets it all, had it sealed and stamped by US Embassy with two witnesses. This was about my 5th will, starting with detailed multi page versions some 30 years ago, but they got simpler as my life simplified.

I'm curious, why did you have it "sealed and stamped" by the US Embassy? And what exactly did the embassy do?

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I had a lawyer friend look over a simple one-page will I wrote up, wife gets it all, had it sealed and stamped by US Embassy with two witnesses. This was about my 5th will, starting with detailed multi page versions some 30 years ago, but they got simpler as my life simplified.

I'm curious, why did you have it "sealed and stamped" by the US Embassy? And what exactly did the embassy do?

Notarized

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I had a lawyer friend look over a simple one-page will I wrote up, wife gets it all, had it sealed and stamped by US Embassy with two witnesses. This was about my 5th will, starting with detailed multi page versions some 30 years ago, but they got simpler as my life simplified.

I'm curious, why did you have it "sealed and stamped" by the US Embassy? And what exactly did the embassy do?

Notarized

Well I guess if you don't mind spending $50, the embassy notary fee, go for it but I don't think getting a will notarized makes it any more legal particularly since one would have it witnessed. Correct me if I'm wrong.

Edited by Spaniel
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i was told it was 20 baht to lodge a will at the amphur, if they will do it, some will not, and some charge 300 baht!

20 baht might be correct. I don't remember exactly but i had no witnesses so i rounded it up on 300 baht for all incl. tip for the witnesses. Fair for me and them.

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I believe for any will to be valid the testator (will maker) must have some legal standing in the local place. If you are in T'land on a visitor's visa, essentially you have no standing. Quite likely a one year retirement extension, or marriage extension, will be enough to give you a legal toehold.

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Ideally the will needs to be in thai. Can you write in thai?

Not necessary, the Will must be translated into Thai prior to probate but it should actually be written in the persons native language, otherwise it's assumed they don't know what has been written.

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I believe for any will to be valid the testator (will maker) must have some legal standing in the local place. If you are in T'land on a visitor's visa, essentially you have no standing. Quite likely a one year retirement extension, or marriage extension, will be enough to give you a legal toehold.

Not necessary either, the only thing that is important is that the will writer has assets in this country otherwise a Thai will becomes pointless.

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i was told it was 20 baht to lodge a will at the amphur, if they will do it, some will not, and some charge 300 baht!

An Amphur will is cheap way out for wills that involve few assets and are unlikely to be contested. An Amphur will of any size will need to go through Probate which requires, inescapably, a Thai lawyer.

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Ideally the will needs to be in thai. Can you write in thai?

Not necessary, the Will must be translated into Thai prior to probate but it should actually be written in the persons native language, otherwise it's assumed they don't know what has been written.

I would tend to disagree with that. Amphur Wills are in Thai.

I have now written my Will in Thai and attached the old version as a 'translation for information'. The court (if necessary) will not be interested in that, they will simply act on the Thai version.

My intention is actually to try and ensure that there are not enough assets that courts/lawyers need to be involved. I will certainly adopt the ATM card and PIN strategy along with online banking codes held by trusted friends.

Edited by Jip99
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Ideally the will needs to be in thai. Can you write in thai?

Not necessary, the Will must be translated into Thai prior to probate but it should actually be written in the persons native language, otherwise it's assumed they don't know what has been written.

I would tend to disagree with that. Amphur Wills are in Thai.

I have now written my Will in Thai and attached the old version as a 'translation for information'. The court (if necessary) will not be interested in that, they will simply act on the Thai version.

My intention is actually to try and ensure that there are not enough assets that courts/lawyers need to be involved. I will certainly adopt the ATM card and PIN strategy along with online banking codes held by trusted friends.

The problem with that Jip is that if a foreigner writes an amphur will in Thai and it has to go to probate because of the extent of his assets, the language issue makes it easy to challenge by an ex-spouse etc. There is also the aspect of language precedent, the Probate Court will only act on a Thai version but that version needs to be derived from a native language version in order to be sound. This and other aspects were debated at length in the link I just posted so worth a read perhaps.

Edited by chiang mai
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