Thai Will

[Spiny]

My financial advisor has informed me that my Uk will is not recognised in Thailand As I own a condo in Bangkok I would like to see this pass on to my dependants in the event of my death. The two lawyers that I have been recommended so far have failed to produce a document in Thai to my satisfaction. ( I am able to read Thai). Can anyone recommend a competent legal firm to do this and what the approximate cost will be.

[astral]

Not true.

My friend a former Honorary Consul has had ocassion to prove both UK and US wills in Thailand and has not experienced any significant problem.

Once the will is proved in the country of origin the Thai courts will accept it.

[Noel]

Not true.

My friend a former Honorary Consul has had ocassion to prove both UK and US wills in Thailand and has not experienced any significant problem.

Once the will is proved in the country of origin the Thai courts will accept it.

I would be very interested to learn more on this subject as it is of particular interest to me at this time. I currently have UK and Thai Wills that I am about to revamp. Any info you have would be much appreciated by me and quite possibly others.

[thatguy]

Although they do mostly immigration work, I have used them for many things, including wills for me and the wife.

White & White ( Thailand ) Ltd.

140/36-37 ITF Tower , 17th Floor

Silom Road

Bangkok 10500

Thailand

Tel: (66) 2 231 6466

Fax: (66) 2 231 6204-5

Email: [email protected]

tg

[samtam]

Whilst this may be true, when I asked my own lawyer here in Thailand they suggested that it would do no harm to have a Thai Will for assets in Thailand, and if that speeds up probate, I can only think that is a good thing, and something I would wish for my beneficiaries. I believe the cost of a Will here was about USD1000.

[Noel]

Whilst this may be true, when I asked my own lawyer here in Thailand they suggested that it would do no harm to have a Thai Will for assets in Thailand, and if that speeds up probate, I can only think that is a good thing, and something I would wish for my beneficiaries. I believe the cost of a Will here was about USD1000.

I hope your recollection is incorrect, as that would be way over the top in my experience.

Whilst I am aware that costs do vary for Thai Wills (with English translation), the price that sticks in my mind is in the range of ฿8,000 to ฿12,000 and more likely at the upper end if you come close to filling a page.

Perhaps Sunbelt would be willing to give an indication of market rates along with caveats?

[Maizefarmer]

Spiny - yopur comment that a UK will is not recognised in Thailand is correct.

I have looked into this subject in detail has I have a substantial personal estate in both the UK and Thailand, and the need to ensure that both were secured properly in the case of my death or inability to administrate my affairs was a mater I put substantial time into tsorting out in 2000.

Back to your point/question ........

While it is indeed correct that a UK will would not be a legally recognised document in Thailand, the advise that I received for lawyers in Thailand (and it was a partner at Baker McKenzie in Bkk) was that if their was no local contest to that will, the Thai courts would recognise it - at which point it's terms would be legaly recognised. That transition from "wish" to "not contestable" would be a decision taken by a local judge.

Note: the important consideration here is that no contest is made during testate/probate (have I got that terminology correct - meaning from your death to the time that the terms of the will are executed and carried out).

One can quite rightly therefore conclude that it would take a brave man indeed who decided to rely only on his UK final will & testament in respect of any assets they had in Thailand, and that to do could possibly be described as foolish. I think therefore that this should only happen if it was a case of you passing away before you has time too get a will sorted out in respect of your Thai assets.

In other words - get a will drawn up in Thailand under Thai law by a Thai lawyer/soliciter who is experianced with probate/will matters - and if you PM me I will send you the contact details of the law company and actual lawyer in Thailand who has setup my Thai will - which in my humble opinion has been done very well indeed, to the extent that little if any of my assets would be subject to any kind of tax or duty when passed on to the missus or the kids.

While I don;t know your personal circumsatnces I wil lhighlight for you one particular part of your Thai assets that requires professional Thai input to be setup properly. This is in respect of any final will that tranfers property any children you have who are Thai citizens and/or dual citizens. It's all about their rights to exercise a claim over any land, property or house you may have on a long term lease. An exmple of this is many of the 30 years leases that "farangs" have with Thai landlords - in particular where they may have secured such a long term lease with a substantial down payment.

Many of these contracts in Thailand do not have anything in them that accomodates the transfer of those long term leases and on the death of the leaseholder both the house/land is lost as well as the capital downpayment.

The same applies to any premises setup for a and used as business premises (and possibly the equipment on them).

Not only should these contracts accomodate a transfer, of done properly the will be done to accomodate the beneficaires nationality - the benefits of which may be different for the next of kin depending on whether they are Thai national's or foreign nationals. It really is beyond the scope of this note, and I could waffle on for pages - best you PM me if interested and I will put you in touch witha Thai lawyer who knows this subject inside out.

Tim

[rak sa_ngop]

I recentlly had a will drawn up to cover my Thai assets by a legal firm in Pattaya. The will was written in plain English and witnessed by the Thai lawyer. On my death the Will will be translated into Thai and the translation costs will be taken from my estate.

In this way I can make later amendments to the Will in English at relatively low cost. The representative for the company that specalises in this service told me that they had prepared Wills for about 30 (or maybe 50) people already, but so far none of these clients had passed away, so the method is really not tried and tested.

At least it gives me peace of mind, and I will keep an eye on any developments in case a Thai worded Will is required/recommended.

[Old Man River]

Since we are on the subject of wills in Thailand, how important is it to have a Thai will in Thai language? I have both a US will for US assets and Thai will for Thai assets, but both are in English.

Should I have the Thai will done in Thai language as well?

Thanks,

[Noel]

Since we are on the subject of wills in Thailand, how important is it to have a Thai will in Thai language? I have both a US will for US assets and Thai will for Thai assets, but both are in English.

Should I have the Thai will done in Thai language as well?

Thanks,

I was under the impression that only a will written in Thai is technically admissible in a Thai court. If you have a will written in English as well, the Thai script will prevail over the English version.

If the above is the case, it makes eminent sense to have your English will translated by at least two reputable sources to ensure your meaning is correctly reflected in the Thai language.

If you purposely leave the translation until after your demise, or that is the legal requirement if you only leave an English version, who can say with absolute certainty that the translation will be in line with your wishes...?

[Maizefarmer]

Any doc used as part of lititgation or legal process/dispute in a Thai court I would think has to be in Thai - which means if there is a dispute later it will have to be tranlated to Thai and the Thai tanslation will be the translation on which any desicion if taken.

You really are best off to get a transalation done at some time.

Tim

[Old Man River]

I guess it is common sense to have them in Thai, but ...

I will get this done urgently.

Thanks.

[rak sa_ngop]

If you purposely leave the translation until after your demise, or that is the legal requirement if you only leave an English version, who can say with absolute certainty that the translation will be in line with your wishes...?

If the Will is relatively simple e.g. a few assets with only one beneficiary then I should hope that a translation upon demise should be pretty well in-line with ones wishes.

If the Will is complex it probably makes sense that a Thai language will is prepared, although whether that would give you absolute certainty that it was in-line with your wishes is obviously a debatable point.

I think that for many people the process of preparing a Thai Will in English might be a good alternative to the hassel of dealing with the Thai legal system, especially if the alternative is not to bother making a Thai Will at all.

These are just my personal thoughts, and at present I am quite happy to stick with my English Thai Will unless/until I hear convincing arguments to the contrary.

[Noel]

If you purposely leave the translation until after your demise, or that is the legal requirement if you only leave an English version, who can say with absolute certainty that the translation will be in line with your wishes...?

If the Will is relatively simple e.g. a few assets with only one beneficiary then I should hope that a translation upon demise should be pretty well in-line with ones wishes.

If the Will is complex it probably makes sense that a Thai language will is prepared, although whether that would give you absolute certainty that it was in-line with your wishes is obviously a debatable point.

I think that for many people the process of preparing a Thai Will in English might be a good alternative to the hassel of dealing with the Thai legal system, especially if the alternative is not to bother making a Thai Will at all.

These are just my personal thoughts, and at present I am quite happy to stick with my English Thai Will unless/until I hear convincing arguments to the contrary.

It is of course entirely up to you, but why risk it?

Even if the cost is prohibitive or unwelcome to you, I believe to not have one's Thai will written in Thai to be a false economy versus the risk of something going awry in terms of misinterpretation or otherwise.

Oh well, it could be a more troubling issue: at least it is only something you need concern yourself with whilst you are still living...

[Spiny]

If you purposely leave the translation until after your demise, or that is the legal requirement if you only leave an English version, who can say with absolute certainty that the translation will be in line with your wishes...?

If the Will is relatively simple e.g. a few assets with only one beneficiary then I should hope that a translation upon demise should be pretty well in-line with ones wishes.

If the Will is complex it probably makes sense that a Thai language will is prepared, although whether that would give you absolute certainty that it was in-line with your wishes is obviously a debatable point.

I think that for many people the process of preparing a Thai Will in English might be a good alternative to the hassel of dealing with the Thai legal system, especially if the alternative is not to bother making a Thai Will at all.

These are just my personal thoughts, and at present I am quite happy to stick with my English Thai Will unless/until I hear convincing arguments to the contrary.

It is of course entirely up to you, but why risk it?

Even if the cost is prohibitive or unwelcome to you, I believe to not have one's Thai will written in Thai to be a false economy versus the risk of something going awry in terms of misinterpretation or otherwise.

Oh well, it could be a more troubling issue: at least it is only something you need concern yourself with whilst you are still living...

[Spiny]

If you purposely leave the translation until after your demise, or that is the legal requirement if you only leave an English version, who can say with absolute certainty that the translation will be in line with your wishes...?

If the Will is relatively simple e.g. a few assets with only one beneficiary then I should hope that a translation upon demise should be pretty well in-line with ones wishes.

If the Will is complex it probably makes sense that a Thai language will is prepared, although whether that would give you absolute certainty that it was in-line with your wishes is obviously a debatable point.

I think that for many people the process of preparing a Thai Will in English might be a good alternative to the hassel of dealing with the Thai legal system, especially if the alternative is not to bother making a Thai Will at all.

These are just my personal thoughts, and at present I am quite happy to stick with my English Thai Will unless/until I hear convincing arguments to the contrary.

It is of course entirely up to you, but why risk it?

Even if the cost is prohibitive or unwelcome to you, I believe to not have one's Thai will written in Thai to be a false economy versus the risk of something going awry in terms of misinterpretation or otherwise.

Oh well, it could be a more troubling issue: at least it is only something you need concern yourself with whilst you are still living...

[Spiny]

I recentlly had a will drawn up to cover my Thai assets by a legal firm in Pattaya. The will was written in plain English and witnessed by the Thai lawyer. On my death the Will will be translated into Thai and the translation costs will be taken from my estate.

In this way I can make later amendments to the Will in English at relatively low cost. The representative for the company that specalises in this service told me that they had prepared Wills for about 30 (or maybe 50) people already, but so far none of these clients had passed away, so the method is really not tried and tested.

At least it gives me peace of mind, and I will keep an eye on any developments in case a Thai worded Will is required/recommended.

I would be very wary of these translations, based on my own experience with one law company's translation of my English will. They actually asked me for Baht 15000 despite the unfortunate omission of my main beneficiaries from my Thai will.

[rak sa_ngop]

I recentlly had a will drawn up to cover my Thai assets by a legal firm in Pattaya. The will was written in plain English and witnessed by the Thai lawyer. On my death the Will will be translated into Thai and the translation costs will be taken from my estate.

In this way I can make later amendments to the Will in English at relatively low cost. The representative for the company that specalises in this service told me that they had prepared Wills for about 30 (or maybe 50) people already, but so far none of these clients had passed away, so the method is really not tried and tested.

At least it gives me peace of mind, and I will keep an eye on any developments in case a Thai worded Will is required/recommended.

I would be very wary of these translations, based on my own experience with one law company's translation of my English will. They actually asked me for Baht 15000 despite the unfortunate omission of my main beneficiaries from my Thai will.

I think you are missing the point of my posting. That is, I only have an English language Thai will. The translation is made after I am dead. And it will be in the interests of the benefactor(s) to ensure that the will is correctly translated. I'll be past caring.

[naka]

I would be very wary of these translations, based on my own experience with one law company's translation of my English will. They actually asked me for Baht 15000 despite the unfortunate omission of my main beneficiaries from my Thai will.

Lovely.

Guess they intended to fill in that part at a later date !

Naka.

[Noel]

I would be very wary of these translations, based on my own experience with one law company's translation of my English will. They actually asked me for Baht 15000 despite the unfortunate omission of my main beneficiaries from my Thai will.

Lovely.

Guess they intended to fill in that part at a later date !

Naka.

At no extra charge no doubt, bless 'em...!

Seriously though, unless you are extremely proficient in reading Thai, get an independent translation back from Thai to English.

To understate the obvious, with the best will in the world ( ) translation is hardly an exact science, but at least try and minimise the risk of, shall we say, 'misunderstandings'...

[Godders]

When you die, what does a Thai bank require in order to release money from your account to whoever you wish to inherit it.

Seems a simple enough question, but I have failed to get an answer from either the local branch of the Kasikorn bank, where I am daft enough to keep some of my money, or their head office.

The local lot simply looked dumbfounded by the question and eventually suggested I open a joint bank account with my partner, so she can draw out the money as soon as I pop my clogs. Head office still hasn't come up with ANY answer, despite two emails and phone calls to their headqauarters in Bangkok.

Out of frustration, I consulted a Thai lawyer with a reputation for helping falangs, and he told me all I needed to do was give my partner a letter embodying my wishes and the bank would cough up.

I don't know whether to laugh or cry.

[Noel]

When you die, what does a Thai bank require in order to release money from your account to whoever you wish to inherit it.

Seems a simple enough question, but I have failed to get an answer from either the local branch of the Kasikorn bank, where I am daft enough to keep some of my money, or their head office.

The local lot simply looked dumbfounded by the question and eventually suggested I open a joint bank account with my partner, so she can draw out the money as soon as I pop my clogs. Head office still hasn't come up with ANY answer, despite two emails and phone calls to their headqauarters in Bangkok.

Out of frustration, I consulted a Thai lawyer with a reputation for helping falangs, and he told me all I needed to do was give my partner a letter embodying my wishes and the bank would cough up.

I don't know whether to laugh or cry.

Forget the 'c' word, just have a good chuckle and change lawyers.

On the other hand, waiting a day or two more could be worthwhile: you never know, perhaps one of the forum sponsors who should know may eventually reply and tell it like it is...

[GuestHouse]

Do the right thing, have an will in the UK that controls your UK based assets and that clearly states your assets in Thailand are controlled under your Thai will.

Have a will in Thailand that controls your Thai assets and that clearly states that your assets in the UK are controlled under your UK will.

In both instances add a letter of instructions to your exectutor(s) detailing these arangments and providing guidence on contacts, addresses, location of documents, location of deeds etc.

I don't quite understand the concern over costs - The sums we are hearing for drafting a Thai will Circa Bht10K~12K is not a lot of money given the value of condos etc in Thailand.

[Laulen]

An interesting topic, something I will ponder carefully when considering future investment in Thailand.

Thanks for the comments gals & guys!