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les11

last will and testament

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Have tried to find info on this but not much, 7years ago i bought condo in pattaya , i read where you need a seperate last will and testament for thailand ,my will was drawn up by a lawyer  she and another person signed it  i paid for it finished ,now i want to return to australia to live  i want to revoke this will cannot contact this lawyer now nowhere to be found ,had anyone else revoked their will in thailand and returned home to live ,i was quoted 5000 baht to have it revoked ,good price or not

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Was your will made in Thailand registered at the local amphur (government) office? If it was then maybe you should approach them and ask some questions. This office cannot stop you from totally cancelling your will or changing your will. It's totally your choice. 

 

By law in pretty much any country, including Thailand you can cancel a will which could mean that legally there in no will at all, that's your right.  You can change the beneficiaries at any time and any number of times to whatever you have now decided.

 

If you change your will the new will should state at the start of the document that this new will supersedes any and all previous wills. The new will should of course state a date, and once signed by you and witnessed the old will is now officially not valid. 

 

Are you in contact with the person who is stated to distribute your assets in Thailand on your death? Perhaps you should give this person a simple letter saying that your will is now cancelled and ask that person to sign your copy to confirm having received your letter.

 

 

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I would have thought that any will made at a later date would automatically cancel out any previous will, no matter where it is made, if it is done correctly.

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i will go to amphur next week dont know if it was registered there or not ,cannot contact this lawyer to find out  will  just revoke this will at the amphur if i can 

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What's changed since your last Will? A new beneficiary, or beneficiaries? Was the executor of your old Will the lawyer?

 

If things are simple, i.e., your only asset is your condo and maybe a bank account -- plus you only have one beneficiary -- just write a new Will, with the usual boiler plate language about "this Will supercedes all previous Wills." If you've a Will for your assets in Australia, make sure the Thai Will stipulates it "covers only my assets in Thailand."

 

The hand written Will can stand by itself, but it would be better to have two witnesses (not a beneficiary) sign. Or, type it up -- then two witnesses are required. Film the signing with your phone. Hopefully, your beneficiary and executor are one in the same -- as such, have him, or her, possess your Will.

 

Never heard of paying a fee to cancel an old Will. Just writing a new one, even if it just says I leave nothing to no one, will cancel the previous Will, as long as such superceding is stipulated in the new Will. Registration at the Amphur, for Wills not written at the Amphur, are not required.

 

Only proviso is to have your executor have the phone number of a lawyer you have alerted, so that your executor has an avenue to start probate proceedings upon you demise.

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Sell the condo before you return to Australia. :thumbsup:

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7 hours ago, les11 said:

i will go to amphur next week dont know if it was registered there or not ,cannot contact this lawyer to find out  will  just revoke this will at the amphur if i can 

You don't have to revoke this one as a new Will states that it supersedes any previous Will.

 

I have sent you a PM as I have a Thai Will template you can use (as I have done).

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6 hours ago, xylophone said:

You don't have to revoke this one as a new Will states that it supersedes any previous Will.

 

I have sent you a PM as I have a Thai Will template you can use (as I have done).

thanks for those messages guys will write new one soon ,uhmm should have gone that way with the first one  thank you

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