Making a Will

[Rimkok]

I am looking into making a will in the UK. I live in Thailand and have assets in the UK including property, shares, pensions and savings. I am married to a Thai with 2 children that have UK and Thai passports.

I have assets in Thailand car house (in wife's name) and money in the bank. I also have an insurance policy in Thailand that would pay a lump sum to my wife.

I realise that the best option is to sit down with a Solicitor in the UK and this is what I intend to do. I see my situation as being very complicated.

I have not registered the marriage in the UK. My intention would be to leave the property I own in the UK to my children but for the rent to go to my wife until they reach a certain age. I also have to consider my other UK assets.

My intention is to set something up that would continue to provide for my wife and kids after I die.

I am interested in other board members who are in a similar situation.

Have you made a will?

Online or through a solicitor?

What was your experience doing this?

Any recommendations?

I knew people that died without a will and it left an absolute mess.

Many thanks

[futsukayoi]

I am going through a similar process. A solicitor here told me that the Thai assets must be covered by a Thai will so I am setting up a Thai will just to cover assets here. I have already completed a separate will to cover my other assets. Both wills refer to the other one and explain one covers Thailand the other overseas. For the overseas will I managed to download some templates of UK wills. For me the process and my intentions were straightforward enough that I did not need to pay a solicitor (basically everything cashed and split).

[fletchsmile]

Yes we've made wills.

I have 3 wills for Thailand, UK and Singapore.

My wife 2 wills for Thailand and Singapore.

Having a separate will for Thailand means my Thai wife can go thru the Thai probate system to access Thai based assets. Much easier for her being Thai. So she'll get access to local assets and funds. She's on her own turf and will be able to navigate around OK. She can then complete collecting UK and Singapore assets independently with less stress.

For your wife to be dealing with UK probate and UK laws etc while in Thailand could be a real chore for her. Different country, language barriers, different ways of doing things.

You may also have issues with Thai courts recognising a UK will to access Thai assets. Hence a specific Thai assets will makes sense on that score too.

We did through a local law firm connected to an IFA firm. Not convinced the UK wills were of great quality but they seemed OK and fit for purpose. The Thai lawyer was more familiar with Thai requirements. I'd also be comfortable with my wife turning to the firm for help if needed which for us was a key factor.

BTW Make sure your wife makes a will too Her assets don't automatically go to you.

BTW2 Think also the order of who gets what. For UK assets my kids are the first legatee my wife second. For Thai assets my wife is 1st kids 2nd.

BTW3 Think also about inheritance tax

Edited June 3, 2016 by fletchsmile

[brewsterbudgen]

I have a UK will for my UK assets and Thai will for my Thai assets. Just get costs from solicitors - it's very straightforward.

[orientalist]

On the advice of my UK solicitor, I made two wills, one in the UK which covers all countries except Thailand (cost £100), and one in Thailand that covers only Thailand. Make sure that neither will contains the standard phrase about rescinding "all other wills." I am single, but the solicitor told me I'd have to make a new will if I married. I believe the UK recognises overseas marriages whether registered in the UK or not (unlike, say, France). Whatever claims a wife might have on the UK assets of her husband could be made with a legalised translation of the overseas marriage certificate.

[CHRISTIANa9]

I dont understand how one can have 2 active wills unless the estate can be ordered to exclude certain assets when finalising the estate. Is that possible?

[Rimkok]

Thanks for all your help. I will make 2 wills then. I don't see any issues in Thailand because the house and car are in the wifes name anyway. It will be just my bank account that I need to give her access to. The majority of my assets are in the UK.

Anybody have any experience with executors? I was thinking using my younger brother for this task. As I understand it if I do he will be responsible for overseeing the execution of the UK will.

[fletchsmile]

Thanks for all your help. I will make 2 wills then. I don't see any issues in Thailand because the house and car are in the wife's name anyway. It will be just my bank account that I need to give her access to. The majority of my assets are in the UK.

Anybody have any experience with executors? I was thinking using my younger brother for this task. As I understand it if I do he will be responsible for overseeing the execution of the UK will.

For my UK will, I put my brother as executor in addition to my wife (you can have more than one executor). It helps practically as he's UK based.

He's also the comptroller of account for my UK will in the event I die while my kids are still minors. As mentioned for my UK will, I specified my kids as 1st legatee and wife as 2nd. Effectively this means UK money goes first to the kids if they're still alive and my brother controls the UK finances which are left first to my kids.

This gives some protection that the UK assets will be used primarily for the kids' benefit. eg if she remarries, it stops any claim by a new husband on these assets if something later happens to her. It also reduces the risk that extended relatives or unscrupulous IFAs etc in Thailand can pressure her etc, without my brother at least being in the picture.

My wife is 1st legatee for all Thai assets though which would support her and the kids life in Thailand.

Also think about who would be guardian to your kids should both you and your wife both pass away. The number of people you'd trust with your kids upbringing is probably small. The number you'd trust with your money and financial estate is also small. The number you'd trust with both at the same time....

Edited June 3, 2016 by fletchsmile

[Rimkok]

Thanks for all your help. I will make 2 wills then. I don't see any issues in Thailand because the house and car are in the wife's name anyway. It will be just my bank account that I need to give her access to. The majority of my assets are in the UK.

Anybody have any experience with executors? I was thinking using my younger brother for this task. As I understand it if I do he will be responsible for overseeing the execution of the UK will.

For my UK will, I put my brother as executor in addition to my wife (you can have more than one executor). It helps practically as he's UK based.

He's also the comptroller of account for my UK will in the event I die while my kids are still minors. As mentioned for my UK will, I specified my kids as 1st legatee and wife as 2nd. Effectively this means UK money goes first to the kids if they're still alive and my brother controls the UK finances which are left first to my kids.

This gives some protection that the UK assets will be used primarily for the kids' benefit. eg if she remarries, it stops any claim by a new husband on these assets if something later happens to her. It also reduces the risk that extended relatives or unscrupulous IFAs etc in Thailand can pressure her etc, without my brother at least being in the picture.

My wife is 1st legatee for all Thai assets though which would support her and the kids life in Thailand.

Also think about who would be guardian to your kids should both you and your wife both pass away. The number of people you'd trust with your kids upbringing is probably small. The number you'd trust with your money and financial estate is also small. The number you'd trust with both at the same time....

Great advice and tips. Thanks for taking the time to reply. I am on the same page as you, this is exactly how I expected it to work for me. I need to get a UK solicitor from here. I wonder if my brother could arrange that from the UK. Many thanks.