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Keith5588

Making a Will / My financial assets / What to do?

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Apologises if this is not in the correct Forum section.

 

I am from the UK, 66 years old. I have no children and now no family in the UK. I have now been living in Thailand for over 2 years with my Thai girlfriend, she is age 52. She had been working in a factory for over 20 years when I met her and I believe that she is a “good girl”.

 

I am still healthy and hope to live many more years but you never know!

 

All my assets and savings are still in the UK, I have nothing in Thailand except money in a Thai bank that is needed for my yearly extension of stay and living expenses.

The only Will I have ever made was using a Will form bought cheaply from a UK shop years ago when I lived in the UK.

I have no other experience of what a Will agency/bank/solicitor will provide.

 

I would like to leave a little to some good UK friends, but now the bulk I would like to leave to my Thai girlfriend. I am not and have no plans to become married.

 

My financial file  -  I keep it encrypted and I do periodically update it.

So at the moment if I did suddenly die then it would be a problem.

 

I am asking for help in what I need to do concerning making a Will?

Will I need to go back to the UK in order to make a Will regarding my UK assets?

Do they keep the Will for me?

Can I give instructions to act upon the Will in case of my death?

Can I leave details of where my Financial File is and the password to open it with or in the Will? 

 

Then I could relax and just give to my girlfriend  the name and contact details of whoever in the UK is administering my Will?

 

Thank you in advance for any help and suggestions.

Keith

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As above, you need two wills, you can do your UK one via email (quite a few companies specialise.) I did mine last year, don't recall all the details but it is quite detailed.

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i just made a 2nd will for Thailand along w a healthcare poa and a poa for my thai assets in case i am ill and unable to access. my lawyer here who I totally trust offered to be healthcare poa.. my thai wife could not put down our dog.

 

i had all 3 documents done in CM for 12k baht.. 

 

of course it is important for your thai beneficiary to know who to call when the time comes. 

Edited by kenk24
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when doing your thai Will your best to not tell the beneficiary as you really havent known her for that long and your not exactly married with kids...

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Guest

You do not need to pay a Thai Lawyer 40,000 Baht to fill out a 4 page form, especially when the only asset is bank accounts.

 

I just did this for my girlfriend, and if I died right now, she has full legal authority to go to the bank and get my money.

 

If you send me a direct message, I can send you the simple template to fill out, and get witnessed.

 

This is for Thailand ONLY, the UK thing is a whole other kettle of fish.

 

 

 

 

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As I understand we are not supposed to recommend companies, referrals. But for what it's worth I made my will a couple of years ago. The lawyer is situated in Korat. Farang, practicing here in LOS for several years. Less than 10,000 Baht. Could have been all completed via email & EMS but I decided to take a few days holiday & have a look about Korat. PM me if you like further details.

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Why should you need 2 wills? If you write it yourself by hand it should be valid here and in GB. 

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13 minutes ago, Beggar said:

Why should you need 2 wills? If you write it yourself by hand it should be valid here and in GB. 

One Will is for assets in GB and one Will for assets in Thailand. Handwritten Wills are tricky in any jurisdiction

 and best to be avoided.

Edited by kokopelli
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11 minutes ago, kokopelli said:

One Will is for assets in GB and one Will for assets in Thailand. Handwritten Wills are tricky in any jurisdiction

 and best to be avoided.

You say if you have assets in many countries then you should make a will for every country or how? 

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3 hours ago, Henricus said:

You need to make 2 last wills, 1 in Thailand and 1 in the UK. 

In Thailand you need to go to a Lawyer for your assets here, in the UK I don`t know.

I don't agree about the need for a lawyer here in Thailand. I just recently completed my Thai will using the Thai will format, which I was able to find a template of online, ( in english & translated to Thai as required ) signed it in front of my 2 witnesses and then had our village head sign it so that when the time comes the local District Office will immediately accept the will and allow the executor of the estate carry out the will's instructions. 

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31 minutes ago, Beggar said:

Why should you need 2 wills? If you write it yourself by hand it should be valid here and in GB. 

Unfortunately not the case. Under Thai legislation a Thai will can ONLY be used for assets held within Thailand, hence the need for 1 will in Thailand & 1 will for assets held in your home country.

Edited by TigerandDog
omission of clarifying information
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7 hours ago, Keith5588 said:

Thank you in advance for any help and suggestions.

You need two Last Will, one for Britain, following British law, and one for Thailand, following Thai Law.

 

There is however no legal claim to how a last will shall be made, you can actually just write it in clear understandable language and sign it, and make sure the will can be found after your death.

 

Two Thai lawyers wrote a book "Thai Law for Foreigners" where they quite clearly inform about the possibilities.

 

I don't know in details about Britain – I'm not British, but from a Scandinavian country – but there might be a national archive for last wills, and if so, it's best to have a last will recorded and filed there, as it will appear when the British authorities are informed about a death.

 

Your assets in Britain and heirs will follow British law, and eventual inheritance tax. It often little more complicated when an heir lives abroad, and a lawyer might be needed as executor.

 

In Thailand a court will appoint an executor, if not appointed in the will. There is at present no inheritance tax in Thailand. If you have any assets here, like bank accounts, deposit account for extension of stay (probably you might have a 800k/400k baht account for extension based on retirement), it's worth the efforts to make a last will also here, and for convenience leave whatever is in Thailand to your Thai girlfriend, or Thais only.

 

In principle you can write your Thai will in your own language (English), for example based on a standard form, and sign it in presence of two witnesses. The will might later need to be translated to Thai, or you can have it translated, before you sign it, so it's in dual language, i.e. both English and Thai.

 

According to "Thai Law for Foreigners" (page 78-79) you can make a "Handwritten Will", which you just need to; or a "Regular Will" that can be handwritten or typed, and signed in presence of two witnesses; or a "Civil Document Will" where you go to the local district office (amphur) with two witnesses and request an officer to make a will (you can also bring you own document), where-after you sign it in presence of the witnesses, the will can be recorded, and also left on file in the amphor.

 

If you don't make a Thai last will, your girlfriend might not inherit anything from your assets here.

 

You can find the book I mentioned in most bookstores that stock English language books, or order it online from the publisher.

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I am sure everything is going to be all good. One thing, though. Whatever you do, don´t start with "In case of my death".

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