My Thai wife and I have an an eight year old adopted son, and a non adopted son we have raised for sixteen years. If both my wife and I die leaving no will, what entitlements will both boys have? Any advice would be helpful.

Just get a will and make sure you write your "Thai wife" out of it... Otherwise you may find yourself "accidentally falling" from a high balcony.

suggest you seek a proper lawyer for correct answers,  something important as a will, and as it seems one boy won't be entitled to anything ... and the other ... you need confirmation and clarity.

51 minutes ago, Thainess said:

Just get a will and make sure you write your "Thai wife" out of it... Otherwise you may find yourself "accidentally falling" from a high balcony.

This is not the answer I would expect from the Thainess whose comment I follow constantly. We all have a "off" day I guess. 

As the others have already said, it is so simple to get a Thai Will.  I got one for only THB 5,000.  With a Will, you can state that, in the event your wife dies before you or at the same time as you, you want how much (specified by you) of your estate to go to each son.  That way, there is no confusion with what the government will do and your sons will both receive exactly what you want them to.  Why take a chance without a Will?

 

 

A Thai will is only valid for your assets in Thailand.

If you have money overseas, you will have to make a separate will in that country with an executor also in that country.

Edited May 8, 20179 yr by KarenBravo

You can make an English and Thai will here and nominate an executor who is not a benificiary in both countries!

 OP, without a valid Thai Will (or a valid Will created elsewhere that's admissible here in Thailand), the Thai intestate laws would apply....meaning the statutory heirs get the assets of a deceased person.  Your statutory heirs may very well not be the same as your spouse's statutory heirs and, no, it isn't likely you'll both die simultaneously.  One certainty, though, is that an unrelated "son" isn't going to get anything through intestate succession.

 

Given the OP's concerns (especially given he has a unrelated "son" who he apparently wants to inherit part of the estate), why he already hasn't gone to seek proper legal advice (and a Thai Will) is absolutely beyond me.  And, after all this time, the OP's first step to solve his concerns is to ask the question here on ThaiVisa?  Some really poor planning and judgment being exhibited here.

 

As a side note, a "Thai Will or even one made in Timbuktu" can be under the proper circumstances can be used to probate assets in another country so long as the Will is executed, witnessed, etc., in compliance with the laws of that other country; however, there are a few added details (certification of the Will by a home country court and/or embassy and an accepted translation into the other country's language) that probably make it easier (smarter?) for a person to make a Will for just about every country in which he/she owns any significant assets.  And, of course, any "country specific" Will needs to say whether it only applies to assets in that particular country or not (if it's not limited, that Will theoretically could be used to probate assets throughout the world....again, if the Will meets a particular country's requirements and certification procedures).

 

 

Have already been through this myself. A will made in Thailand is not valid in the UK if assets are in the UK. You MUST make a separate will.

What the law is in other countries, I wouldn't know.

15 minutes ago, KarenBravo said:

Have already been through this myself. A will made in Thailand is not valid in the UK if assets are in the UK. You MUST make a separate will.

What the law is in other countries, I wouldn't know.

Sorry, disagree.  If the Thai Will meets the execution requirements of UK law (and, of course, doesn't say specifically that it only applies to Thai assets), a properly certified/translated copy can be used in UK courts to probate UK assets.  But, given the additional certification/translation requirements, it's probably not wise to do so and almost any lawyer would recommend separate country-specific Wills.

I thank all of you for the advice given and stand suitably admonished for having the temerity to pose the question on ThaiVisa. A lack of foreward planning? Maybe so. But without submissions from lackadaisical posters like me ThaiVisa would be  bit boring perhaps. . Of course a trip to the lawyer is in order, but a little foreward knowledge is helpful. Thanks to all of you

 

4 hours ago, elgordo38 said:

This is not the answer I would expect from the Thainess whose comment I follow constantly. We all have a "off" day I guess. 

You are absolutely right, but then again, so is he. But more.

3 hours ago, KarenBravo said:

A Thai will is only valid for your assets in Thailand.

If you have money overseas, you will have to make a separate will in that country with an executor also in that country.

Not so.  Any bit of paper with 'I bequeath all my worldly goods to etc etc.' and witnessed by two witnesses, with precise names addresses and valid contact details will suffice for a simple will transfer between spouses.  If one wants to start leaving bits and pieces to specified individual then each asset needs to be listed.  Each asset can have a will document.  For example - In the event of my death, my maid (name) gets my car, again witnessed etc.  This will stand up, I have witnessed it in practice.  

 

Where people screw up is by not having an executor to make sure all the beneficiaries are informed that they will inherit something.

26 minutes ago, Cranky said:

Not so.  Any bit of paper with 'I bequeath all my worldly goods to etc etc.' and witnessed by two witnesses, with precise names addresses and valid contact details will suffice for a simple will transfer between spouses.  If one wants to start leaving bits and pieces to specified individual then each asset needs to be listed.  Each asset can have a will document.  For example - In the event of my death, my maid (name) gets my car, again witnessed etc.  This will stand up, I have witnessed it in practice.  

 

Where people screw up is by not having an executor to make sure all the beneficiaries are informed that they will inherit something.

Can the beneficiary and the executor be one in the same.??

Edited May 8, 20179 yr by elgordo38

19 minutes ago, elgordo38 said:

Can the beneficiary and the executor be one in the same.??

Yes

Just now, bazza73 said:

Yes

Thanks

The OP should have two wills, one dealing with assets in Thailand, drawn up in Thailand with a local executor. One in his home country dealing with assets there, again with a local executor. That removes any confusion as far as intended beneficiaries are concerned.

8 hours ago, elgordo38 said:

This is not the answer I would expect from the Thainess whose comment I follow constantly. We all have a "off" day I guess. 

But nevertheless you've got to admit you agree with me, because you know I'm right. Even if you're doing it just for your own safety's sake, make her know she stands to inherit nothing. Because there are so many dozens of falangs who fall mysteriously every year and it's always attributed to "suicide" or "unfortunately slipping"... My advice is it's better to stay away from the Thai women altogether.

5.000 baht for a Thai will seems a bit excessive. I can get one done in UK for less than that. I have heard of something called an 'amphoe' will which some Thais use. But generally i get the impression that most village people do not have wills, so not sure how they work out who gets the land.