Making a will for Thailand assets

[TSF]

I want to make a will for my assets in Thailand, so in the event of my sudden death my Thai common-law wife can legally inherit my assets in Thailand.

I've looked online for a will kit and found these...at #13...http://www.thailawforforeigners.com/forms.html

Would these forms, correctly completed and witnessed, in both Thai & English, be adequate for my Thai partner to get ownership of my car and Thailand bank balances?

I also have property and bank accounts in Australia but have made a separate will naming my 3 children (all living in Australia) as beneficiaries of my Australian estate.

I just want to make sure my Thai partner gets what I have in Thailand.

[Langsuan Man]

Since we don't know where you are located can't give specific advice

But go to your local Amphur with your unsigned simple will in both Thai and English (the Thai version will have precedence ) and take along two witnesses with Thai ID cards (most times the ladies who work there will act as your witnesses, just give them a small gratuity for their help)

The Amphur will witness your signature on the Will, record the Will in their book, place both wills into a sealed envelope, have you sign the seal and after you pay your 20 THB will give you a receipt, and will put the packet in their storage files

The lawyers here at TV will circle in a few minutes with all the reasons you should not do this, since they stand to loose if you DYI, but that is what lawyers do everywhere.

Name your girlfriend (common law wives are not recognized here in Thailand) as your executor. The executor can also be an heir but cannot be one of your two witnesses. If you should die before her all she has to do is take your death certificate to the Amphur, retrieve the original wills and then Probate the will (which will require a lawyer)

It is a good idea to state in the body of the will that you also have assets in your home country that are covered by a will there, just to prevent any confusion or controversy and this Will only covers what is is Thailand

The only wrinkle is that this has become so popular (much to the chagrin of the Thai lawyers) that many Amphur's are no longer offering this service due to space limitations. If they don't, then just do the same thing but have your signature on both the Thai and English versions notarized and give it to your girlfriend for safe keeping

Congratulations on being smart enough to think about this in advance, since I have seen so many long term girlfriends end up with nothing because their boyfriends couldn't be bothered

[TSF]

Thanks for your very informative reply Langsuan Man. I am located in Thailand, I live in Chonburi and have lived in Thailand for many years now.

I'll try the Chonburi & Bang Lamung ampurs and hopefully do it with one of them. However, GF is a Korat gal and we're heading up there soon, so I could do it at ampur Pak Thong Chai, which would not be flooded out with farang making wills.

BTW: when I fill in the forms, should I write in with handwriting or fill in on a computer and print out? Should I sign in blue ink? Should I and witnesses initial bottom of each page. I want to be certain I do everything correctly.

[Langsuan Man]

Thanks for your very informative reply Langsuan Man. I am located in Thailand, I live in Chonburi and have lived in Thailand for many years now.

I'll try the Chonburi & Bang Lamung ampurs and hopefully do it with one of them. However, GF is a Korat gal and we're heading up there soon, so I could do it at ampur Pak Thong Chai, which would not be flooded out with farang making wills.

BTW: when I fill in the forms, should I write in with handwriting or fill in on a computer and print out? Should I sign in blue ink? Should I and witnesses initial bottom of each page. I want to be certain I do everything correctly.

I have heard that Banglamung is no longer offering the service due to space constraints, don't know about Chonburi but one thing that Banglamung did require that I forgot to mention was a medical certificate. I guess to prove that I was of sound mind and body

You don't need a specific form but I would have them typed, just for clarity. Is your Thai good enough to do your own translation ? I paid 400 THB for a commercial translation and they were quite familiar with the verbiage

And as I said don't sign anything until you get to the Amphur, they will determine which type of ink to sign it in and where to sign

If your going up to Korat anyway I would check up there at her Amphur. Unlike the US, where every state has different requirements, Thailand is pretty much the same country wide

I have looked at the url you cited in your OP and both the Thai and English versions seem to be the same so I see no reason not to use them. If I had known about that site 5 years ago I would have saved myself 400 THB

[TSF]

Thanks for your very informative reply Langsuan Man. I am located in Thailand, I live in Chonburi and have lived in Thailand for many years now.

I'll try the Chonburi & Bang Lamung ampurs and hopefully do it with one of them. However, GF is a Korat gal and we're heading up there soon, so I could do it at ampur Pak Thong Chai, which would not be flooded out with farang making wills.

BTW: when I fill in the forms, should I write in with handwriting or fill in on a computer and print out? Should I sign in blue ink? Should I and witnesses initial bottom of each page. I want to be certain I do everything correctly.

I have heard that Banglamung is no longer offering the service due to space constraints, don't know about Chonburi but one thing that Banglamung did require that I forgot to mention was a medical certificate. I guess to prove that I was of sound mind and body

You don't need a specific form but I would have them typed, just for clarity. Is your Thai good enough to do your own translation ? I paid 400 THB for a commercial translation and they were quite familiar with the verbiage

And as I said don't sign anything until you get to the Amphur, they will determine which type of ink to sign it in and where to sign

If your going up to Korat anyway I would check up there at her Amphur. Unlike the US, where every state has different requirements, Thailand is pretty much the same country wide

I have looked at the url you cited in your OP and both the Thai and English versions seem to be the same so I see no reason not to use them. If I had known about that site 5 years ago I would have saved myself 400 THB

Thanks very much again. Yes, I have heard the same about Bang Lamung, so I guess we'll go to Amphur Pak Thong Chai, TGF's ID card is from there anyway, I'll follow the instructions as you have suggested. If I need a med cert, then that wouldn't take long to get. My Thai reading skills are pretty good, with TGF assisting we'll get the forms filled in on my laptop then print them out. As you say, sign at the amphur. Thanks again.

[tomwct]

Believe me, if it's here, she'll get it!

[TSF]

Believe me, if it's here, she'll get it!

Not quite true mate. I have a considerable sum in a Thai bank account, this is kept in the account and used to show for my annual retirement extensions, she would not be able to get that money in the event of my death without a will. The bank would not hand that money over to her, so the bank or the Thai gov would just swallow it up. And I would not want that. With a will and a lawyer, she could then get the dosh.

But things like my car and my personal stuff, yes, she'd just take all that anyway, but it's mainly for the money in the accounts that I want a will in her name.

[jayceenik]

I have a variable bank account in Thailand with always at least the minimum Visa Extension 800k required.

I wanted to write a Testament/Last Will in favor of my long time Pattaya TGF.

I started with a rather well-made bilingual form I bought and downloaded on the Internet but then decided that the surest way to avoid potential problems, difficulties and delays was to get a certified lawyer to write this important document.

I thus went to a lawyer in Pattaya (Siam Legal) and got my testament properly written and signed in Thai and English with one set for me and one set for my TGF.

Cost 10000 bahts.

[TSF]

I have a variable bank account in Thailand with always at least the minimum Visa Extension 800k required.

I wanted to write a Testament/Last Will in favor of my long time Pattaya TGF.

I started with a rather well-made bilingual form I bought and downloaded on the Internet but then decided that the surest way to avoid potential problems, difficulties and delays was to get a certified lawyer to write this important document.

I thus went to a lawyer in Pattaya (Siam Legal) and got my testament properly written and signed in Thai and English with one set for me and one set for my TGF.

Cost 10000 bahts.

Thanks jayceenik. I'm also considering having a Thai lawyer make up the will. While searching the net I found a law firm in Korat that offered this service for 5000Bt, and I may well go with them. Having the will prepared by and kept by a law firm does sound more secure.