Executing a Last Will and Testament without a lawyer

[BlackJack]

On 10/18/2016 at 10:31 AM, Faz said:

In relation to financial assets held in a Thai Bank.

 

I made some enquiries recently at my Bangkok Bank of procedures to release funds to my partner in the event of my death, and was given the following information;

1. If a Will was in place (naming my partner as beneficiary) it would be a very simple procedure for my partner to obtain a Court Order (without lawyer) to release the funds.

It is normal practice that the bank requires a Court Order in these circumstances, not just the production of a Will and Death Certificate

2. Any bank account can be set up with conditions of who has access. In other words you can have an account in your sole name (for Immigration purposes) but allows another access to the account.

3. Simply let your partner know the PIN number of your debit card.

 

The Bank tells me that Thais usually do not inform the bank of a death until after the account has been cleared out.

If a death is made known to the bank, then they do require a Court Order.

 

OK I see Magna Carta got a plug however Thai888 is the only one stop service center for everything to do with Wills and Funerals.

 

Having said that I am surprised at the amount of misinformation on this site. Not pointing fingers but I dont know why people wont spend 5000 baht and get it done properly. WHY?

 

Understand that if a few million baht in property, cars and bank accounts is involved then 5000 baht is small change.

 

For a start when you make a Will that is acceptable to the courts it needs to be in English and Thai. It needs a Testator and that is the person making the Will, It needs to be signed off in front of 2 witnesses, Beneficiaries have to be named and what they will get. There are several kinds of Beneficiaries, so dont be fooled here. There needs to be an Executor of the Will. Not an easy job!

 

Should the Testator die then the police, hospital, funeral director gets involved.

 

Then theres the morgue and the autopsy - transport of the body.

 

Notifying the next of kin. Then notifying the Embassy or consulate.

 

The 100 other things before court - another posted said this " Although probate is not a legal requirement" - maybe out of context however if assets are involved then you need to go to court - to get a court date you need to apply for a grant - a lawyer has to do this as you cannot.

 

When a date is set the Will and the Executor go to court - with a Lawyer and a translator - The Executor gives testimony - the Judge if satisfied with the Executor and the Will grants Probate.

 

Then a month for challenges to the Will and or the Executor.

 

Then wind up the estate and repatriate the assets and the ashes.

 

Then back to court to submit all the paperwork for the judge to approve that it was all done by the book.

 

THais have a saying - som nom na which basically means what goes around comes around. When applied to a Will it is the same as if you do it wrong then your assets may not get to the right Beneficiaries.

 

In a recent case the Testator did the Will and signed it and had one Witness - the assets he wanted to go to his GF was ruled null and void as the Will was invalid.

 

Although the Testator had access to loads of expertise he went it alone and no the GF gets zip.

 

Now lets get back to the 5000 baht fee - if you Will is wrong then it will cost a lot more than this.

 

If your Will is wrong then family members named as Executors will fly out to THailand at expense and stay in a hotel and get a lawyer and translator - all at cost.

Then the Will or the Executor is rejected or not and then the Executor has to fly out and then back to get approval then start working on the Will to get the assets to the Beneficiaries.

 

More than 3 trips to THailand to get things done. Hotels, transport, translations, plane fares, leaving your home or family or work to attend court and do Probate etc etc etc.

 

All adds up dont it - time is money - so 5000 baht is well spent 

 

I have checked "notify me of replies" as I want to see what challenges or agreements I get.

 

 

 

[BlackJack]

On 10/19/2016 at 9:12 PM, TallGuyJohninBKK said:

 

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.

 

 

No you are wrong - there are over 60 Thai Law Codes addressing the Will, the Executor, Probate - add international Probate and it gets interesting

[BlackJack]

On 10/25/2016 at 5:44 PM, NancyL said:

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.

 

If the Will was sanctioned by the courts then only the Will, DC, Passport of the deceased, proof that the Beneficiary is bona fide is necessary. Usually translated by certified translator. I say this as the Bank cannot object to the courts already made decision. It is a big stack of papers and if all is in order they cannot demand more or refuse. Funny this is then if the Beneficiary is OS then the bank wants to cut them a check - more delays and fees.

[TallGuyJohninBKK]

38 minutes ago, BlackJack said:

No you are wrong - there are over 60 Thai Law Codes addressing the Will, the Executor, Probate - add international Probate and it gets interesting

You can have all the codes you want. But if the Amphur Office refuses to allow a non-Thai to submit a completed amphur will -- as has been variously reported here -- the codes aren't going to be much help in getting them to change their mind.

 

I've been on both sides of the fence on this. Originally, my khet office in BKK was willing to accept an amphur will from me as a renter (not a homeowner), but I wasn't ready to proceed at that time. Then later, the staff person handling the wills at that office changed, and their new policy suddenly became I had to be listed on someone's tabien ban in order for them to accept my filing an amphur will, a requirement I don't currently meet.

 

 

[BlackJack]

2 hours ago, TallGuyJohninBKK said:

You can have all the codes you want. But if the Amphur Office refuses to allow a non-Thai to submit a completed amphur will -- as has been variously reported here -- the codes aren't going to be much help in getting them to change their mind.

 

I've been on both sides of the fence on this. Originally, my khet office in BKK was willing to accept an amphur will from me as a renter (not a homeowner), but I wasn't ready to proceed at that time. Then later, the staff person handling the wills at that office changed, and their new policy suddenly became I had to be listed on someone's tabien ban in order for them to accept my filing an amphur will, a requirement I don't currently meet.

 

 

5

well you are off subject from OP - but here goes - there are 5 kinds of Will - the amphur Will is rarely used now and the most popular being an open Will - ie if you buy a new car and have a sealed amphur Will then as soon as you open it its null and void - with an open Will you can just staple it to the back - nice and legal - as far as being a renter then get on the blue book or make a normal Will - thai888

[stud858]

Just checking back and there still exists contradictory messages stated as facts. 

One example and no disrespect to anyone. You say what you are told. Fair enough.  But,

One person says bangkok bank says no need for lawyer whereas my bank,krungsri says must have lawyer presented to court.

Again I stress it seems you just have to wait to die and look down and see how things pan out. Sure there is law. But it's not always followed.

My conclusion is to liquify and transfer all assets back to my home country and have it all executed there. The tricky part is getting the timing right just before I get hit by a bus or whatever kills me. 

[TallGuyJohninBKK]

4 hours ago, stud858 said:

Just checking back and there still exists contradictory messages stated as facts. 

One example and no disrespect to anyone. You say what you are told. Fair enough.  But,

One person says bangkok bank says no need for lawyer whereas my bank,krungsri says must have lawyer presented to court.

Again I stress it seems you just have to wait to die and look down and see how things pan out. Sure there is law. But it's not always followed.

My conclusion is to liquify and transfer all assets back to my home country and have it all executed there. The tricky part is getting the timing right just before I get hit by a bus or whatever kills me. 

 

Everyone's situation, finances and personal details are different.

 

In my case, I keep a minimum amount of money here in Thailand, and that that is here my wife would be able to access and withdraw with my Thai bank ATM cards.

 

For everything else, it's in various accounts in my home country where financial account holders can, with the entity holding the account, designate (very simply) legally binding beneficiaries who will automatically inherit those proceeds upon my death. No traditional will or probate process are even required, and in fact, in my home country, valid, account-specific beneficiary designations in my country would take precedence over any will provisions.

 

Unfortunately, Thailand AFAIK doesn't have any comparable legal framework for financial account holders to very simply choose and designate legally binding financial account beneficiaries. Thus you get into the murky waters of Thailand wills, court procedures, bank branches that give difference advice on the subject, etc etc.

Edited May 26, 2017 by TallGuyJohninBKK

[BlackJack]

On 2016-10-18 at 10:31 AM, Faz said:

In relation to financial assets held in a Thai Bank.

 

I made some enquiries recently at my Bangkok Bank of procedures to release funds to my partner in the event of my death, and was given the following information;

1. If a Will was in place (naming my partner as beneficiary) it would be a very simple procedure for my partner to obtain a Court Order (without lawyer) to release the funds.

It is normal practice that the bank requires a Court Order in these circumstances, not just the production of a Will and Death Certificate

2. Any bank account can be set up with conditions of who has access. In other words you can have an account in your sole name (for Immigration purposes) but allows another access to the account.

3. Simply let your partner know the PIN number of your debit card.

 

The Bank tells me that Thais usually do not inform the bank of a death until after the account has been cleared out.

If a death is made known to the bank, then they do require a Court Order.

I am curious to know how you get a court order without a lawyer? Can you read write and speak thai? Do you know what office to go to? 

[BlackJack]

On 5/27/2017 at 2:52 PM, BlackJack said:

I am curious to know how you get a court order without a lawyer? Can you read write and speak thai? Do you know what office to go to? 

my experience is that you need the court to sanction all things to do with Probate.

 

to get to court you need a Plaint to get a court date

 

once you get a court date then you testify in court

 

this takes months and is in Thai language

 

I have to go to Chiang Mai next month to testify so this shows that whatever province you are in you need to apply there.

 

the bank is the same - i go to CM to testify then all the docs go to Bangkok head office for them to sanction it. Then access to the account.

 

 

[BlackJack]

On 10/17/2016 at 2:08 AM, JimGant said:

 

An embassy stamp across the sealed envelope? Any words or signatures with that?

 

I suppose that would give the necessary credence to the recipient that this is, indeed, a legitimate Will of the deceased. And we've seen on one or several of the Will threads here that a few (but not many) bank managers will accept a "notarized" Will in lieu of probation -- notarized in the sense that large law firms are granted a Thai-equivalent version of notarization authority. What the same bank manager(s) would think about your embassy-stamped Will might be interesting (but not predictable) to find out......

 

Then what? Once the seal is broken in front of the bank manager, how are you next going to use that (now unsealed) Will at the Land Office?

 

No, after all the data in the Will threads, several things seem apparent: Although probate is not a legal requirement, most agencies you'll be dealing with (banks, land offices, etc) seem to require that a Will be probated before they'll release assets.  As such, be prepared to do probate. And do you want to do that alone? Not likely. So, guess you need to have a lawyer lined up to hold your Executor's hand in probate court. So, yeah, go ahead and write you own Will -- but maybe have your future probate lawyer lined up to be one of the witnesses to that Will. And be sure your Executor knows he's to contact this lawyer soonest upon your demise.

 

Anyway, we still seem to have a dearth of reports from folks who have actually functioned as Executors in the above situation. Maybe as the forum members age.......

 

Also, remember another uncertain area: joint accounts. Unlike in the West, in Thailand having such an account doesn't necessarily mean the account is not subject to probate. Indeed, several reports on this forum have shown that some bank managers, upon learning of the death of a joint owner, will freeze joint accounts until after probate. Lesson: Have the joint owner clean it out before notice of your death (and if that joint owner is the named beneficiary in the Will, what possible legal ramifications could there be.............?)

 

Oh, yeah -- Amphur Wills. For those who have successfully filed such -- will they be honored by the banks and land offices up front? Or will these also be subject to probate? The Thai lawyer mafia certainly hopes so -- as such simple, but effective and efficient Wills, cut into their revenue stream. Again, we have lack of info on what happens when an Executor presents an Amphur Will to a bank manager (and, again, once that Amphur seal is broken, will the Land Office also honor such a Will?) Sounds to me like another probate -- and lawyer involved -- situation.

 

 

All Wills and the Executor must go to court to be approved. Also, as of June 2017 the Beneficiary(s) (each) need to sign consent form and POA (English and Thai) if they do not attend court.

A Lawyer is necessary.

The Banks require a court order for releasing funds. You can only get this by the above process.

 

[sendintheclowns]

Translation Service wants a POA, in order to submit a Thaia translation of my Mariage Certificate for approval by Department of Foreign Affairs. Does anyone know where i can download a generic form, in Thai, from ?  Thanks. 

 

[sendintheclowns]

Excuse me for not checking first. Don'sLIfe in Thailand  provided the link I needed.

 

[scorecard]

On 5/26/2017 at 4:49 PM, stud858 said:

Just checking back and there still exists contradictory messages stated as facts. 

One example and no disrespect to anyone. You say what you are told. Fair enough.  But,

One person says bangkok bank says no need for lawyer whereas my bank,krungsri says must have lawyer presented to court.

Again I stress it seems you just have to wait to die and look down and see how things pan out. Sure there is law. But it's not always followed.

My conclusion is to liquify and transfer all assets back to my home country and have it all executed there. The tricky part is getting the timing right just before I get hit by a bus or whatever kills me. 

 

In regard to the bank mentioned, if you ask 5 branch managers the same question then you'll likely get 5 different answers, and then refer the 5 different answers to the HO and you'll get another answer, and you'll possibly be told that the bank HO has no policies on this subject and it's up to local managers. 

 

Worst case - farang asks local manager about how to ensure his Thai wife can quickly access the funds when he dies. Local manager says 'easy, just transfer your money to me and i'll give it to your wife when you die'. In reality the farang and wife have never seen the manager before and have little need to go to the bank. Farang is shocked and refers this answer to the bank HO and tells them he's shocked, and asks if it's an appropriate answer.

 

Bank HO agent says 'oh you don't understand, your local bank manager is just trying to help you'. 

 

 

 

[JimGant]

As has been said, prepare for the ordeal of probate, as the lawyer mafia has been pretty effective in having probate the way things are now handled. Where this leaves Amphur Wills, for those who have been able to get them, is anyone's guess. So, prepare to empty out the account of the deceased via online transfers, or in-person paperwork presentation (ATM for small accounts ok, but too repetitive for larger accounts). This includes joint accounts. Make sure your daily transfer amount has been sufficiently set.

 

Hard to see how you'd be subject to any legal ramifications, especially if the Will says you're the beneficiary of said bank accounts. In any event, money is now in your possession, and hard to see how it could be reversed....

 

Worse case: You live in a small moo baan, so spouse's death is instantly known, including to the small town bank manager. But, maybe he's used to sidestepping city slicker legalese BS.

[BlackJack]

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

Don'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.

WELL IF we're plugging law firms then check out thai888 law

 

 

[BlackJack]

2 hours ago, JimGant said:

As has been said, prepare for the ordeal of probate, as the lawyer mafia has been pretty effective in having probate the way things are now handled. Where this leaves Amphur Wills, for those who have been able to get them, is anyone's guess. So, prepare to empty out the account of the deceased via online transfers, or in-person paperwork presentation (ATM for small accounts ok, but too repetitive for larger accounts). This includes joint accounts. Make sure your daily transfer amount has been sufficiently set.

 

Hard to see how you'd be subject to any legal ramifications, especially if the Will says you're the beneficiary of said bank accounts. In any event, money is now in your possession, and hard to see how it could be reversed....

 

Worse case: You live in a small moo baan, so spouse's death is instantly known, including to the small town bank manager. But, maybe he's used to sidestepping city slicker legalese BS.

i would not follow this persons advise as its illegal - armchair lawyers on every bar stool on Patts

[BlackJack]

20 hours ago, JimGant said:

As has been said, prepare for the ordeal of probate, as the lawyer mafia has been pretty effective in having probate the way things are now handled. Where this leaves Amphur Wills, for those who have been able to get them, is anyone's guess. So, prepare to empty out the account of the deceased via online transfers, or in-person paperwork presentation (ATM for small accounts ok, but too repetitive for larger accounts). This includes joint accounts. Make sure your daily transfer amount has been sufficiently set.

 

Hard to see how you'd be subject to any legal ramifications, especially if the Will says you're the beneficiary of said bank accounts. In any event, money is now in your possession, and hard to see how it could be reversed....

 

Worse case: You live in a small moo baan, so spouse's death is instantly known, including to the small town bank manager. But, maybe he's used to sidestepping city slicker legalese BS.

I do this work professionally and the Will, Executor and Beneficiaries are not sanctioned until the court says so and the judge signs off on it.

 

Example the first application for a grant of probate goes before the court to approve those involved, the Executor then has 15 days to resign as the Executor or accept the position. (understand that some people dont know their position until someone dies - they were simply nominated by the Testator. Then there is a period of 45 days in which to contest the people involved in the Will ie the Will is invalid, the Executor is incompetent, a Beneficiary is dead or incompetent or under age - a minor (then a controller of property is appointed).

 

When all of these issues are approved then money can be withdrawn legally from the account.As the court is satisfied and issued a court order for the Executor to do the work. If some money is taken from the account before approval and if the courts reverse a decision then money was taken from the estate unlawfully. And the camera in the ATM can prove it.

 

Just a small point.

[JimGant]

Quote

When all of these issues are approved then money can be withdrawn legally from the account.As the court is satisfied and issued a court order for the Executor to do the work. If some money is taken from the account before approval and if the courts reverse a decision then money was taken from the estate unlawfully. And the camera in the ATM can prove it.

 

Just a small point.

"....before approval and if the courts reverse a decision....." Ok, for a really simple Will, that only involves a bank account (or accounts), and only one beneficiary (me), and no one could reasonably contest such a Will -- only then, if someone comes forward contesting the Will's validity, and the court sides with that contester, will I have taken money unlawfully from the estate..... Is that what you're saying? If so, then otherwise, as the uncontested beneficiary of the wife's Will, I'm not doing anything illegal by transferring money from her account to mine.

 

Such a situation sounds akin to what Nancy mentioned earlier in this thread, where -- in her experience several times -- pragmatic bank managers would not require probate, and the freezing of accounts, to preclude the husband from the wife's bank account(s).

 

And it should be even more clear cut for joint accounts, even tho' we've seen reports on this forum where bank managers have frozen joint accounts upon death of one of the owners. However, according to Thai888 sources, I'd be completely within my rights to tap our joint account upon her death:

Quote

One way to ensure that the partner will be able to access some funds is for the foreigner to set up a joint account with the partner and deposit some money in that account. A joint account is not frozen when the foreigner passes away; the partner still has access.

https://www.google.co.th/url?sa=t&rct=j&q=&esrc=s&source=web&cd=6&ved=0ahUKEwjYnteQ44vZAhUIQ48KHd9JCfsQFghRMAU&url=http%3A%2F%2Fwww.pcecnews.com%2FpermNL%2Fmar08_2015meetingsummary.pdf&usg=AOvVaw03d0ddWI18HISRMl5xebuf

So, BJ, are you still saying it would be illegal, as an uncontested beneficiary, to clean out my wife's bank accounts? At least the joint account, right? If not, would I need to pay you 50,000 baht to probate said joint account?

 

Quote

 The lawyer also advised that the usual probate process here through her office costs "about 50,000 baht."

 

 

[kurtgruen]

Since Thaivisa.com is full of law firms trying to make money from gullible foreigners, my suggestion would be, find someone who has a similar situation as you, who used a lawyer or notary to draw up a will for them and who registered it with the night amphur.  Then use that document, changing information as needed, make a few copies, go to the amphurs office and get them stamped.  Simple, easy and cheap.  

[stud858]

Is the Pattaya. Banglamung amphur dealing with foreigners again. I was told by staff they don't deal with foreigners anymore quite a while ago. 

Has anyone been recently to try will verification/acknowledgement with them.

[BlackJack]

2 hours ago, vinniekintana said:

 

The banks dont know if someone dies and they dont believe someones died until they see the Thai Death Certificate - If someone went into the bank and said someones died can you lock their account they would probably just smile at you.

The process is Letter of Release from the Embassy of the deceased

Temple cremation and letter of cremation from the temple

A lawyer has to write a Plaint to get a court date About 2-3 months

Go to court with Will (no Will is complicated) and Executor gives testimony

Wait 30 days 

15 days for the Executor to resign (to much work, stress, doesn't know what to do as all in Thai language

30 days for challenges to the Will, Executor, debtors, creditors

Court order Grant of Probate issues

Go to banks, Land Office, DBD etc and start to close things down

Liquidate assets of change them over to bona fide partners name

Send money back overseas if you can - Anti Money Laundering Office AMLO involved 

It is possible that someone has access to internet banking, ATM and can clean out the accounts

You know Thailand runs on paperwork, stamps etc.

[Liverpudlian]

No problems here, i'm skint .

[BlackJack]

On 2/5/2018 at 11:18 AM, JimGant said:

"....before approval and if the courts reverse a decision....." Ok, for a really simple Will, that only involves a bank account (or accounts), and only one beneficiary (me), and no one could reasonably contest such a Will -- only then, if someone comes forward contesting the Will's validity, and the court sides with that contester, will I have taken money unlawfully from the estate..... Is that what you're saying? If so, then otherwise, as the uncontested beneficiary of the wife's Will, I'm not doing anything illegal by transferring money from her account to mine.

 

Such a situation sounds akin to what Nancy mentioned earlier in this thread, where -- in her experience several times -- pragmatic bank managers would not require probate, and the freezing of accounts, to preclude the husband from the wife's bank account(s).

 

And it should be even more clear cut for joint accounts, even tho' we've seen reports on this forum where bank managers have frozen joint accounts upon death of one of the owners. However, according to Thai888 sources, I'd be completely within my rights to tap our joint account upon her death:

So, BJ, are you still saying it would be illegal, as an uncontested beneficiary, to clean out my wife's bank accounts? At least the joint account, right? If not, would I need to pay you 50,000 baht to probate said joint account?

 

I just outlined the process in another mail - I also am a great believer in having a little black book that has user names, account numbers and names of the bank, PIN, ATM PIN, etc. and put this in a commercial lock box or safe marked to be opened upon death - of course a trusted 3rd partner like next of kin could hold this (or another place) - just like every aspect of Thai bureaucracy things change and so what is said here is likely to change before or after lunch. Nothing is in stone.

 

 

On 2/5/2018 at 11:18 AM, JimGant said:

 

 

 

[BlackJack]

11 hours ago, stud858 said:

Is the Pattaya. Banglamung amphur dealing with foreigners again. I was told by staff they don't deal with foreigners anymore quite a while ago. 

Has anyone been recently to try will verification/acknowledgement with them.

there are 5 ways to make a Will - the Amphur is old hat.

 

[BlackJack]

12 hours ago, kurtgruen said:

Since Thaivisa.com is full of law firms trying to make money from gullible foreigners, my suggestion would be, find someone who has a similar situation as you, who used a lawyer or notary to draw up a will for them and who registered it with the night amphur.  Then use that document, changing information as needed, make a few copies, go to the amphurs office and get them stamped.  Simple, easy and cheap.  

OK - I have to correct you in that gullible foreigners can save a lot of money by making a proper Will - I would not say gullible as the laws dealing with the Will, Executor, Probate, AMLO, International Tax are very complicated.

Money can simply be saved by specifying that the Will is for Thailand assets only.

Registering the Will at the Amphur might be possible in some villages however not in the major cities.

The problem with the Amphur will is that its no longer used and it is inconvenient as its sealed. Meaning everytime you want to add to it (new bike, car, house, condo, shares you break the seal and its invalid. Then you need to write it all again. Not very convenient. 

Making a Will is cheap - however dying is not.

[BlackJack]

Probate without a Lawyer is impossible

 

If the amount of money in the bank is less that 100K then on some occassions the Bank has released this to the NOK next of kin or the wife but not the partner

[stud858]

2 hours ago, BlackJack said:

there are 5 ways to make a Will - the Amphur is old hat.

 

Going to the amphur isn't about making a will. It's about recognising the will you already made. They keep a copy of the will to prove officially you were alive when the will was made and I'm guessing is undeniable accepted proof for the courts.

 

[stud858]

3 hours ago, BlackJack said:

The banks dont know if someone dies and they dont believe someones died until they see the Thai Death Certificate - If someone went into the bank and said someones died can you lock their account they would probably just smile at you.

The process is Letter of Release from the Embassy of the deceased

Temple cremation and letter of cremation from the temple

A lawyer has to write a Plaint to get a court date About 2-3 months

Go to court with Will (no Will is complicated) and Executor gives testimony

Wait 30 days 

15 days for the Executor to resign (to much work, stress, doesn't know what to do as all in Thai language

30 days for challenges to the Will, Executor, debtors, creditors

Court order Grant of Probate issues

Go to banks, Land Office, DBD etc and start to close things down

Liquidate assets of change them over to bona fide partners name

Send money back overseas if you can - Anti Money Laundering Office AMLO involved 

It is possible that someone has access to internet banking, ATM and can clean out the accounts

You know Thailand runs on paperwork, stamps etc.

Thanks. It seems like you've  been through the process yourself. I investigated a while back and my conclusion is that the more you can leave back in your home country with a will there the safer.

Australia has a very streamlined process all doable online without a lawyer.

[stud858]

Also, the lawyers I visited to discuss execution of will were not clear with the descriptions and dodged questions and asked for large percentage of estate.

I've been told there are lawyers at the provincial court. I am yet to visit but want to one day.

[scorecard]

1 hour ago, stud858 said:

Going to the amphur isn't about making a will. It's about recognising the will you already made. They keep a copy of the will to prove officially you were alive when the will was made and I'm guessing is undeniable accepted proof for the courts.

 

Can be both:

 

1. Some amphur offices will help to write the will and there are Thai staff to do That, but how knowledgeable they are about appropriate Thai laws and whether they are well versed in ensuring the will is not ambiguous etc., is an open question. 

 

2. Folks can take a will already written to the amphur office to have it registered at that amphur office.