Validity of Thai Will

[moogradod]

1. Is it possible to conclude a Thai Will regardless of what type of Visa or extension you have (Thai Elite Visa or non-immi-O based on retirement)

2. Will it become only valid after one year staying in the country or just after you have legally set it up and signed, deposited with lawyer etc

 

Thanks for your knowledge. This is an important one for us.

[CharlieH]

If its an "important one for us" seek professional legal advice and dont rely on what he/she said on an internet forum.

[Crossy]

Agree with Charlie.

 

But this thread is worth a look:-

 

 

[moogradod]

Thanks. Following the link of Crossy within the thread there was another link stating: Foreigners closely connected with Thailand (having their habitual residence in Thailand and for example married to a Thai national) can make a will in Thailand under Thai law for their assets - this should answer my first question - the Visa type should not matter - for as long the habitual residence is in Thailand.

 

Second question still open. Nobody ever made a will (it is only for thai assets, we will bring ALL to Thailand). Not so easy to get advice from a Thai Lawyer if you stay still in Switzerland.

[topt]

On ‎13‎/‎07‎/‎2017 at 10:34 PM, moogradod said:

2. Will it become only valid after one year staying in the country or just after you have legally set it up and signed, deposited with lawyer etc

What makes you think it takes a year before becoming valid?

Once signed and as importantly, witnessed correctly, AFAIK it is valid.

 

Personally unless you know/trust the lawyer I would prefer to leave with the executor/trusted friend or relative but that is just me.

[moogradod]

6 hours ago, topt said:

What makes you think it takes a year before becoming valid?

Once signed and as importantly, witnessed correctly, AFAIK it is valid.

 

Personally unless you know/trust the lawyer I would prefer to leave with the executor/trusted friend or relative but that is just me.

Thanks topt

I remember I have read that in order to conclude a will in Thailand you need to stay there one year first before you can do so. After that it is of course valid the moment it is set up correctly.

 

So may I - just after arrival with a TE or retirement visa make a will - and it will be valid immediately after all prerequisistes, witnesses, etc. are met ? Or do I need to wait a year - in order to show my "habitual residency" ?

 

Our situation will be: We will arrange that my wife will be in (sole) posession of as many assests (money - and land anyway) as possible. Then when I die these assets in the sole name of my wife are difficult to touch anyway. And on top I will make a will to exclude any other possible inhereritants from any inheritance at all. My wife will do the same (exept for the land).

[topt]

1 hour ago, moogradod said:

Thanks topt

I remember I have read that in order to conclude a will in Thailand you need to stay there one year first before you can do so. After that it is of course valid the moment it is set up correctly.

 

So may I - just after arrival with a TE or retirement visa make a will - and it will be valid immediately after all prerequisistes, witnesses, etc. are met ? Or do I need to wait a year - in order to show my "habitual residency" ?

 

Our situation will be: We will arrange that my wife will be in (sole) posession of as many assests (money - and land anyway) as possible. Then when I die these assets in the sole name of my wife are difficult to touch anyway. And on top I will make a will to exclude any other possible inhereritants from any inheritance at all. My wife will do the same (exept for the land).

I may be wrong but I do not believe you need to show "habitual residency". Would be interested to see the link if you can find it.

It makes no sense if you have assets here and could theoretically die at any time. If you are going to use a lawyer then hopefully they would know for sure.......

[Miriam1234]

Just wanted to add, be very careful who you use for the making and executing of your will in Thailand. My father recently passed away and ommited one of his bank accounts from the will as it was to go to his next of kin. My brother, the executor currently has 1 mil bhat of ours and has already spent the other 1 mil. It's disgusting. No one is trust worthy there. If we try to fight for our right it will cost a minimum of 5k GBP. With no assurance we will win.

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