Executing a Last Will and Testament without a lawyer

[JimGant]

Quote

...you should contact a lawyer and have a Final Will to be sure your Thai partner receives your bank accounts per your wishes.   

 

So, Nancy, you're saying best to have a lawyer-prepared Will to have any chance with your bank manager? I.e., the OP's self-prepared Will, or especially a self-written (holographic) Will, will not meet with success -- even tho' both are completely legal under Thai law?

 

If that's what you're saying, I would agree with you. Somehow the lawyer mafia has managed to instill the requirement for absolute lawyer involvement in the Will/probate process -- obviously because of the revenue involved (50,000 for a simple probate process -- come on!). That the lawyers have bank managers and land office managers scared to process completely legal beneficiary edicts via Wills -- is sad. And now, apparently, Amphurs have been convinced by lawyers to no longer process Wills for farangs -- as this provided  a probate free avenue for distributing assets per Will request (at least as originally established by the Civil Code). But, hopefully, the Thai rice farmer still can use the Amphur Will system to avoid a 50,000 baht probate visit...... However, screw the farang, sayeth the lawyer -- we're talking cash cows here.

 

Anyway, seems the bottom line is for farangs -- be prepared to do probate. And, as such, can you do it yourself? We certainly (to my knowledge) don't have any reports on this forum from anyone who has gone this route. I would think, however, that if the lawyers are charging 50,000 baht to do probate, it must be complicated...... Oh, you say, it's not complicated? Could they (gasp), then, be gouging? Imagine.

[chrissables]

On 10/13/2016 at 0:10 PM, TallGuyJohninBKK said:

 

I can't speak to the executor letter the OP is asking about.

 

But regarding the amphur will, I've had a somewhat similar experience. Originally, I went with my wife to visit the khet (amkphur) office for where we live in Bangkok. Several years ago, they said I could do an amphur will with them.

 

But then when we checked back a year or so ago, the staff there and the wills officer had changed, and the new guy was claiming I could not do a will with the khet in BKK unless I was listed on my wife's tabien ban (which I am not, because we rent in BKK and my wife's tabien ban is for her parent's property upcountry where I've never stayed).

 

So, it wouldn't surprise me if the local amphurs have become even more unfriendly toward farang wills lately with the latest change of governments. Although, like so many things here, the policy that one amphur office enforces may or may not be similarly enforced by other amphurs. So it would pay to check around.  AFAIK, you're supposed to be able to do a will at any amphur office, not just the one where you happen to be living.

 

Be interested to hear from others if they have had any similar experiences lately will amphur offices flatly telling them they won't do wills for farangs anymore.

Living alone in Pattaya i decided to write a will. 

Amphur required my to hand write my wishes.

List bank accounts and as many details as possible.  

Translated by a recommended company

Take to amphur to be witnessed and registered.

Pay a small amount

Done.

[JimGant]

Quote

Living alone in Pattaya i decided to write a will.  Amphur required my to hand write my wishes. List bank accounts and as many details as possible.  Translated by a recommended company Take to amphur to be witnessed and registered.

Pay a small amount

Done.

 Nice to hear some Amphurs are still in play. Now, the 64 dollar question: When you croak, can your executor/beneficiary take your Amphur Will directly to the bank manager and/or land agent? Or does he have to take the Amphur Will to probate court? An often asked question on many of these Will threads -- but with no answer AFAIK.

[Liquorice]

The real question is just when does a Will have to go through the Probate procedure.

 

According to my g/f it is only if 'No Will' exists, the authenticity of the Will is questioned, or someone contests the Will.

She also states most Thais will handle the Probate affairs personally, a lawyers services are not required unless they don't know how to handle it themselves.

 

Her sister is 2IC at a branch of Krungthai bank.

She confirms the bank will release funds on production of a Court Order (not Will and Death Certificate), but this is a very straightforward procedure and doesn't require the services of a lawyer.

 

They are of the opinion that lawyers are extorting foreigners because of their lack of knowledge in this area, or the capability to proceed without legal services.

I was recently quoted the same price of 10,000 baht to make a Will through  two separate lawyers.

In comparison my g/f was quoted 2,000 baht.

 

In view of chrissables post, I'll now make enquiries at my local Amphur.

Edited October 19, 2016 by Faz

[elgordo38]

11 hours ago, NancyL said:

They are absolutely right -- you should contact a lawyer and have a Final Will to be sure your Thai partner receives your bank accounts per your wishes.   

 

Thanks Nancy. Did and done. Nothing messy in the wind. Its good to see that long answers are still a bit of the norm I thought I was the only one still left doing this. LOL

[NancyL]

5 hours ago, JimGant said:

 

So, Nancy, you're saying best to have a lawyer-prepared Will to have any chance with your bank manager? I.e., the OP's self-prepared Will, or especially a self-written (holographic) Will, will not meet with success -- even tho' both are completely legal under Thai law?

 

If that's what you're saying, I would agree with you. Somehow the lawyer mafia has managed to instill the requirement for absolute lawyer involvement in the Will/probate process -- obviously because of the revenue involved (50,000 for a simple probate process -- come on!). That the lawyers have bank managers and land office managers scared to process completely legal beneficiary edicts via Wills -- is sad. And now, apparently, Amphurs have been convinced by lawyers to no longer process Wills for farangs -- as this provided  a probate free avenue for distributing assets per Will request (at least as originally established by the Civil Code). But, hopefully, the Thai rice farmer still can use the Amphur Will system to avoid a 50,000 baht probate visit...... However, screw the farang, sayeth the lawyer -- we're talking cash cows here.

 

Anyway, seems the bottom line is for farangs -- be prepared to do probate. And, as such, can you do it yourself? We certainly (to my knowledge) don't have any reports on this forum from anyone who has gone this route. I would think, however, that if the lawyers are charging 50,000 baht to do probate, it must be complicated...... Oh, you say, it's not complicated? Could they (gasp), then, be gouging? Imagine.

 

Jim, I advised him to go to a lawyer to have a will properly written -- that costs about 5000 baht in Chiang Mai for one that's produced both in Thai and English.  Be sure the lawyer doesn't name himself as Executor.

 

I didn't say anything about Probate, did I.  The cases I've been involved with have been with properly drawn Final Wills with simple assets of Thai banks accounts and personal property contained in a rental condo.  No vehicles.  Probate was avoided and funds were released by the bank to the Executor to disperse to the named Heirs.  Incidentally in Thailand, the Executor can also be an Heir.

 

Incidentally, I've heard lawyers here in Chiang Mai quote 20,000 baht for a simple probate if it's a clean situation with nothing more than vehicles and Thai bank accounts.  Maybe it does go as high as 50,000 baht if real estate is involved.  I don't know.  

[Swiss1960]

On 10/18/2016 at 3:37 PM, Faz said:

 

Only yesterday I attended the cremation of my g/f's cousin, who died 3 days previously.

She made no Will, her son and daughter being legal heirs by law.

At the cremation an Insurance companies representatives had photos taken presenting a cheque for 500,000 baht to her son and daughter.

If their were any doubts about the legality of her rightful heirs, I doubt they would have been handing a cheque over for such an amount.

 

 

 

Completely different situation from bank accounts and other assets... insurance contracts clearly STATE the names of the beneficiaries, has NOTHING to do with the will and only needs the death certificate to execute the insurance contract / payout

[scorecard]

On 10/18/2016 at 10:04 AM, akentryan said:

wHAT CONNECTION DO YOUDon't know where you are but in Pattaya legal counsel is cheap and competent at Magna Carta. A word of caution if you have a house or a car in your Thai partner's name. She needs a will also naming you as Executor and inheritor. A real nightmare if she dies first as I just went through it myself.

 

What connection, if any, do you have to Magna Carta?

[TallGuyJohninBKK]

10 hours ago, Faz said:

Her sister is 2IC at a branch of Krungthai bank.

She confirms the bank will release funds on production of a Court Order (not Will and Death Certificate), but this is a very straightforward procedure and doesn't require the services of a lawyer.

 

 

8 hours ago, NancyL said:

 

I didn't say anything about Probate, did I.  The cases I've been involved with have been with properly drawn Final Wills with simple assets of Thai banks accounts and personal property contained in a rental condo.  No vehicles.  Probate was avoided and funds were released by the bank to the Executor to disperse to the named Heirs

 

Would seem to be contradictory experiences here:

 

Faz's GF's sister seems to be saying just a proper will alone is not enough for the bank, and that a court order (but not probate?) is also required. And that is advice I've heard before and people here have been told by various bank branches before.

 

And Nancy's experience seems to be that just a proper will alone is enough, in her experiences. Although, I believe she mentioned earlier about those situations being ones where the will-writer and executor had gone to the bank beforehand, and somehow advised the bank staff of their intended wishes.

Edited October 19, 2016 by TallGuyJohninBKK

[stud858]

Original poster here again.

Before I post my next efforts in finding the truth or actual way things should happen legally  I'd like to address some points mentioned by others.

I agree with a poster that  authorities find it difficult or are unwilling to talk about hypotheticals.  Its a matter of jumping into the fire and good luck that it works in your favor at the time with whoever you deal with on that day.

 

Replying to someone who asked what do i mean by probate  not being brain surgery. By that, I mean it is easy enough. If you can handle paper work to get  yourself a drivers licence then you can handle probate precedings. Another common term I like to use is - It's not rocket science. Although, dealing with a foreign language and cultural intricacies  makes it harder. So introducing an eductated Thai into the picture should bring it back to not being harder than finding a pig in a mud pit.

It seems many people have differing opinions of how things will be handled and some conflicting stories.  Wouldn't it be great to hear from someone with document evidence of their adventure executing a Will.

 

My further investigation post follows next......
 

[stud858]

Original poster here again with my second part being more specific on the forum question at hand.

I've visited my bank manager and she said that in no way a bank should be allowing funds to be withdrawn without probate(court order letter) She went as far as showing me such a letter but did not allow me to photograph it.
She also said she was certain 100% that a lawyer is needed to approach the courts for probate proceedings. She also stated that at the court offices on level one there are lawyer offices residing there which she recommended me to use.  We also discussed the fees of such lawyers and she said farangs would be treated differently and charged around 5,6 or 7 % of assets as fee.

Now, here is the most important thing that I've found thus far and most useful for me as I don't have much money in a bank account but more on the real estate side.
She said that it would be possible for the executor of the will to approach the land office and have a condo transferred with only showing of the will. She said probate is only required when money with banks is involved.  I am yet to check this. Of course, I will go and check at the land office and report back soon.

 

[TallGuyJohninBKK]

12 minutes ago, stud858 said:

Original poster here again.

Before I post my next efforts in finding the truth or actual way things should happen legally  I'd like to address some points mentioned by others.

 

 

It's a valiant effort on your part, and one's that's been pursued by others here in the past. But I'm afraid the ultimate answer is, here in Thailand, as a practical matter, there is no single "truth" to be found on this topic.

 

There only is, as often is the case with other topics, the different practices that different places practice and different people experience at different points in time. And trying to find a universal conformity to such things generally is going to produce nothing but frustration.

 

I think the best that can be done in this area, is to hope for the best, but to plan for the worst. That means making contingencies for things to get handled the more complicated way (probate) in the event the simpler way (will only) can't be achieved at whatever future time and place the issue lands on the table.

 

[stud858]

I absolutely agree with you TallGuy. The written law not followed always. Couldn't have put it better myself.  By truth , I suppose you could call it the "written" law if any that states that a lawyer is not needed. 

My likely conclusion, even after visiting the land office, will be to transfer , over time and as closer to death as I come, as much as I can back to my homeland where things can be trusted to occur .

 

I'll only hope while I'm dead, hehehehe, that my executor in Thailand is able to transfer whatever is left, i.e. my property with only having to pay transfer tax and worst case that probate letters can be obtained at the courts by using lawyers associated with the courts at the premises.  I have this far resigned myself to a worst case of this and a scenario of losing 10% to fees.

 

I'll get back to you guys soon regarding what the Land office has to say.  Btw, Court justice website has not replied to me still and enough time has passed to suggest I have been ignored.  Which kind of backs up the idea that they will only deal with registered lawyers.

 

D

 

[NancyL]

Stud858, I don't understand why you keep saying that no one on this thread has much experience in settling a Final Will and obtaining the funds in a Thai bank account when I've done it and have done the hand-holding to help others do it?

 

But then you go on to talk about real property, transfer tax, etc.  It's no wonder your bank manager walked away from you once she understood there was more at stake than a bank account.

 

Oh, and don't assume that all foreigners in Thailand have white skin.  There are many, many retirees in Chiang Mai from Japan and they face some of the same challenges that we're talking about in this thread, maybe more, because their widows don't speak English or Thai.  Let's stop assuming at all foreigners here can be described using that lazy, vulgar "F" word.  (Sorry to get carried away, but I know a Japanese widow who is really struggling now.)

[TallGuyJohninBKK]

1 hour ago, stud858 said:

 Btw, Court justice website has not replied to me still and enough time has passed to suggest I have been ignored.  Which kind of backs up the idea that they will only deal with registered lawyers.

 

Possible, but not necessarily. It's relatively common in Thailand for both private companies and government agencies to simply ignore (never respond to) public or customer emails and other inquiries they receive.

 

Or say they will reply if you manage to reach them direct, and then simply never follow through. It's a common and unfortunate practice here.

 

[stud858]

Nancy,

It would be great if you could give specific details( documents, offices visited, addresses, phone numbers etc) and what happened when you were able to execute the wishes of the deceased.  No personal data need be posted, but a step by step process of experiences would be appreciated.  Sure it takes your  time to do it to help others, but it's a life long important item that many will appreciate.  There is a lot of experiences and posts all over the internet, but all lacking detail.

As an aside, I'd like to show detail for executing a will in Australia. In Australia it's a piece of pie. The official government website tells all. Each state has there own website. Here is Victorian, Australian website.

http://www.supremecourt.vic.gov.au/home/forms+fees+and+services/wills+and+probate/

You can private message me if you need more info regarding Australia and probate there.

It would be great if Thai had similar. I'm not aware of anything similar in Thailand.

 

 

[scorecard]

On 10/19/2016 at 8:55 PM, stud858 said:

Original poster here again with my second part being more specific on the forum question at hand.

I've visited my bank manager and she said that in no way a bank should be allowing funds to be withdrawn without probate(court order letter) She went as far as showing me such a letter but did not allow me to photograph it.
She also said she was certain 100% that a lawyer is needed to approach the courts for probate proceedings. She also stated that at the court offices on level one there are lawyer offices residing there which she recommended me to use.  We also discussed the fees of such lawyers and she said farangs would be treated differently and charged around 5,6 or 7 % of assets as fee.

Now, here is the most important thing that I've found thus far and most useful for me as I don't have much money in a bank account but more on the real estate side.
She said that it would be possible for the executor of the will to approach the land office and have a condo transferred with only showing of the will. She said probate is only required when money with banks is involved.  I am yet to check this. Of course, I will go and check at the land office and report back soon.

 

 

Quote: "I've visited my bank manager and she said that in no way a bank should be allowing funds to be withdrawn without probate(court order letter) ...".

 

This is the item that really worries me. Two local bank managers (big branches, different banks) have told me and my adult Thai son that if funds are in joint savings bank accounts that are set up 'either person (alone) can sign withdrawals', then upon the death of one party nothing changes, one party is still alive and can continue to withdraw as usual. 

 

They both also indicated that there is no requirement to tell the bank that one party has died.

 

I called the HO of one bank, BBx, they confirmed the above but to make further confusion they said 'It's all up to the local manager'.

 

The above has been discussed before and other posters have indicated they have received quite different advice from their local bank manager, and I don't doubt what they have said. The small quote I used to start this message a good example. 

 

Ultimate point - I'm left doubting what the real answer is, and It seems there is no real absolute answer.  

[Liquorice]

14 minutes ago, scorecard said:

 

Quote: "I've visited my bank manager and she said that in no way a bank should be allowing funds to be withdrawn without probate(court order letter) ...".

 

This is the item that really worries me. Two local bank managers (big branches, different banks) have told me and my adult Thai son that if funds are in joint savings bank accounts that are set up 'either person (alone) can sign withdrawals', then upon the death of one party nothing changes, one party is still alive and can continue to withdraw as usual. 

 

They both also indicated that there is no requirement to tell the bank that one party has died.

 

 

That is the same information I also received.

 

One problem is that Immigration insist on your sole name being on an account if using the money in the bank method for extension.

 

However I was also told an account can be in my sole name, whilst separately signing a conditions form that allows another named person to withdraw from the account without being named on the actual account. That would meet Immigrations criteria, but also allow the named person to continue using/withdrawing the funds in the event of your death.

 

[chiang mai]

31 minutes ago, Faz said:

 

That is the same information I also received.

 

One problem is that Immigration insist on your sole name being on an account if using the money in the bank method for extension.

 

However I was also told an account can be in my sole name, whilst separately signing a conditions form that allows another named person to withdraw from the account without being named on the actual account. That would meet Immigrations criteria, but also allow the named person to continue using/withdrawing the funds in the event of your death.

 

 

Pretty much all bank withdrawal slips have a reverse side that can be completed to allow another person to withdraw funds from the account, as long as the account holder has signed the form also. I have one account in my name where Mrs CM has a pre-approved withdrawal form she can use at any time.

[stud858]

Original poster here again,

 

When I stated that my bank manager said probate was absolute necessary, it was for my single user account only.

 

I'd expect that if there is a joint account with one user allowed to sign on their own then it would continue to be this way even after death of the other user.

 

Having my money and assets signed over to another person before I die is not an option for me.  So signed slips, added people onto account, all that sort of thing is not included in my discussions.

 

I'm still going with and relying on (telling my partner to do it that way, anyway)  the method of a visit into Bangkok court offices and  recommending the use of an in situ lawyer and obtaining probate if money is in any of my accounts while accepting the high fees for Falangs.  Also I'm hoping my visit to Land office will shed light on the idea that probate won't be needed to transfer a property title.  I hope I get there with a Thai person to help with translation before I head back to Australia soon.  

 

If anybody has access to a Thai person with good translation skills maybe they would like to join me in the next few days to attend the Land office in Pattaya.

[scorecard]

On 10/18/2016 at 10:19 AM, makropo said:

Stud858, the OP, wrote that he/she is "leaving all my stuff to my Thai partner". If you fully trust your partner not to take advantage of you in any way, you could avoid all the legal issues and expenses by transferring ownership of your stuff to him/her before you pass away, just keeping some cash for your own needs perhaps.

 

And as akentryan wrote, your partner would then need to write his/her own will with you as the beneficiary in case he/she dies first. For a Thai citizen writing a will would be more straightforward.

 

In fact this is what I have done.

 

My Thai wife, a doctor of medicine, passed away already, I live in my old age with my Thai son who is my best friend in life and he and his wife and kids take very good care of me. I have no reason in any to not trust him and I want everything I own to pass to him and his 3 kids (my grandkids).  

 

I have no debts / debtors who might try to make a claim on my estate. To avoid problems everything is now in my sons name except for a small amount of money (petty cash) in a joint account (son and me) anybody can sign. My son knows to withdraw it all as soon as I pass using the ATM card. 

 

But I did make a simple will using a lawyer who was my long-time student to put all of the above in writing. All properly signed and witnessed. 

Edited October 22, 2016 by scorecard

[stud858]

Original poster here once again.

 

I'd like to round down my discussion and make a conclusion.

Along with my partner, I visited the Chonburi Legal Execution Office.
I  wasn't exactly sure if they could help with anything Will related but they were near enough to visit.  They could not help and didn't deal with any such matters.

Next, I went on to the Land office to check if it was possible to transfer Condo Title to my partner in the event of my death and what documents would be required from her.  I spoke briefly to the ladies upstairs but  was soon ushered inside to sit at the back desk  with the boss.  The person I spoke to insisted I get it all done, including the Title transfer upon my death, at the  Amphur.  

So then onto the Amphur and again ushered to a main desk to speak to the lady in charge, and they said they don't do it there and I need to go to the Land Office.  I felt a trip back to the Land office would be of no gain.

So, I felt  that one or both parties could not be helpful.  While at the offices, I pushed for answers, and asked the same questions several times at both places. I got answers but to different questions.

 

It can be noted that I was NOT told by either party that's it's impossible to transfer a Condo title without a lawyer at a court.  I can only assume they prefer Lawyers to be involved.

 

My "feeling only" is that if  you have a Last Will and Testament in Thai language and approach the Land office along with death certificate and the usual other documents they will transfer the title over at a cost.

So my conclusion to all of this and because of all the uncertainty,  I intend to sell up all and transfer my assets to Australia as I get older and closer to death and rely on the  Australian system to process my Will.  If I pass away early on, then my heir will have to act as executor as best she can and hope for the best.

It would be great to hear further from Executors and their stories.

I am leaving it at that for now.

[Liquorice]

Some confusion there and a lot of misunderstanding............normal in Thailand.

 

The Land Office is clearly responsible for Title Deeds, not the Amphur.

It could be that the Boss of the Land office was telling you all the arrangements for transferring title deeds could be made at the Amphur in the form of a Will.

[stud858]

In reply to Faz,

I too am sure transfers should be done at Land office.  I made a joke with the people at the first office I visited( mentioned in my previous post) that the Land office will tell me to go to the Amphur and the Amphur will push me back to the Land office. That's exactly what happened and I could only smile all the way through it all.

 

I had my Will in hand and pushed for answers while talking to the person at the Land office.   I felt they avoided, on purpose, to give answers to me, and not that they misunderstood me or my partner.  I even went as far as noting that the Amphur must contact them at some point to write the names of the heir on the Land office copy of the chanot once transfer had taken place. He acknowledged with a shake of the head and stated yes, there are two copies, correct.  I know people can pretend to understand in this way, but I'm sure that If I went back, I would not be able to get any more useful information.

 

I still would find value in another Thai person going or phoning and pushing for the same answers to -  Once a person becomes an executor, How does a transfer of title take place and what documents are needed and what are the fees? 

 

I'm sorry to all that I couldn't do better and be more precise.  We need to hear from people that have  been through the process, so again I appeal to Nancy to get back to us all with some details.

 

 

 

 

 

 

 

 

[NancyL]

I've just executed Final Wills without a lawyer (or assisted executors in the same position) when the only assets were banks account solely in the name of the deceased and a few personal items in a rental condo.  

 

It's my understanding that if there is any real property or even a vehicle, them the executor is going to have go to court.  It would be possible to have this done without a lawyer, but probably it would be a good investment, unless the executor is skilled in the Thai language and understands legal procedure.  Thai lawyers aren't necessarily evil and it's not necessary to pay one a percentage of the estate.  That's nonsense.

 

 

[stud858]

Thanks Nancy for replying,

When you approached the bank and were able to get access to the funds to withdraw them, what documents did you need to provide.  I can only imagine they wanted to see your ID, The Will and death certificate, right? Anything else?

Can you tell us the name of the bank that allowed that to happen?

I have received conflicting statements to yours.  Money requires a lawyer. (possibly smaller amounts don't) whereas property doesn't need a lawyer which is the opposite of your experience. 

 

Thanks again for spending the time to get involved.

David.

 

[NancyL]

It was Bangkok Bank, Kad Suan Kaew branch in Chiang Mai.  They wanted the Final Will, death certificate, passport of the executor, in the case where the executor was related to the deceased, proof of that relationship, in one case where adult children weren't mentioned in the Final Will, they required notarized statements from the adult children that it was OK that they were left out of the Final Will and a Guaranteer, i.e. someone known to the bank officials and who also knew the deceased and the executor and would sign a statement that the Final Will indeed represented the wishes of the deceased.  The Guaranteer had to have funds on deposit in excess of the amount being claimed.  This was to claim 800,000 baht retirement visa accounts and it took about 27 - 30 days for the funds to be released after all these documents were sent to Bangkok H.Q for approval.

 

As you can see, the bank officials thought of every possible avenue where someone might object to the Final Will and made sure to have their bases covered.  The ultimate CYA was the signature of the Guaranteer.  The Guaranteer doesn't have to be Thai, but someone they know will stick around and cough up the funds if another heir shows up with a claim.

[stud858]

Thanks for that Nancy, Well explained.

The sticking point here is the guarantor being needed.  Most likely not possible in my or my partner's situation.

But very good to know that there is that possible option with Bangkok Bank for those that can secure a guarantor.

 

Have a great day and peace to you all.

 

 

 

 

 

 

 

 

 

 

 

 

[stud858]

 

 

FYI

 

Just wanted to add that to round up my will preparation I thought it a good idea to go to see a clinic doctor and get a medical certificate that states my mental health is good at the time of writing the will.

 

The doctor said I need to go to a hospital to get this done.

 

I'm not going to bother and feel as though me reading out my will in video format should prove my mental state at the time.

[JimGant]

Quote

As you can see, the bank officials thought of every possible avenue where someone might object to the Final Will and made sure to have their bases covered.  The ultimate CYA was the signature of the Guaranteer.  The Guaranteer doesn't have to be Thai, but someone they know will stick around and cough up the funds if another heir shows up with a claim.

 

Wow, the bank going thru the same steps as a probate court, at least as I know it from the US point of view, including requiring a "Guaranteer," akin to having the executor bonded in the US. At least the element of time -- and cost -- of probate is ameliorated.

 

Wonder if they demand the same when Dang the rice farmer shows up to the bank with the Amphur Will prepared by his now-deceased wife?