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Paul52

Can anyone recommend a lawyer?

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7 hours ago, malt25 said:

I have used and can recommend Isaan Lawyers.  https://www.isaanlawyers.com/our-team/  

A slight digression.Does anyone know how much a firm like Isaan Lawyers or Siam Legal would charge - very roughly - for a straightforward will for a Thai national ?

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1 hour ago, jayboy said:

A slight digression.Does anyone know how much a firm like Isaan Lawyers or Siam Legal would charge - very roughly - for a straightforward will for a Thai national ?

As mentioned before, you don't need a lawyer for a will. 

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1 hour ago, puchooay said:

As mentioned before, you don't need a lawyer for a will. 

Actually you do.It's a common misconception that you don't.

 

It's possible of course to self draft or retain a cut price bottom feeder but if there are any slight deviations from bog standard requirements - as there usually are - it is prudent to have a competent lawyer or very experienced legal executive involved in the drafting.

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3 minutes ago, jayboy said:

Actually you do.It's a common misconception that you don't.

No you don't. 

Many Thais make a Will at their Amphoe.

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Just now, Tanoshi said:

No you don't. 

Many Thais make a Will at their Amphoe.

Not only Thais, my Thai will was done, and lodged at the Amphur.

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2 hours ago, jayboy said:

A slight digression.Does anyone know how much a firm like Isaan Lawyers or Siam Legal would charge - very roughly - for a straightforward will for a Thai national ?

Siam Legal charged a friend for a conversion from VE > Non O > Retirement extension and he had the proof of finances - nothing dodgy.

42,000 baht and that was 6 years ago.

How big are your pockets.

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15 minutes ago, jayboy said:

It's possible of course to self draft or retain a cut price bottom feeder but if there are any slight deviations from bog standard requirements - as there usually are - it is prudent to have a competent lawyer or very experienced legal executive involved in the drafting.

It's also possible to get a comprehensive pre drafted Will in English, requiring only your personal details, name of executors and beneficiaries from the same competent lawyers for free.

Complete and translate to Thai.

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1 hour ago, Tanoshi said:

No you don't. 

Many Thais make a Will at their Amphoe.

That's a non sequitur.Nevertheless I accept in the event there is not the remotest chance of a dispute arising (and who can be entirely certain about that?), and where the assets involved are modest, such a procedure might be acceptable for village Thais and the like.

 

I cannot imagine any circumstances in which a foreigner would voluntarily agree to this - except where an overseas will covered the bulk of his assets and the Thai assets were insubstantial - motor cars etc.

 

 

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Well you better imagine, because i did, and i was perfectly happy to do it.

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9 minutes ago, colinneil said:

Well you better imagine, because i did, and i was perfectly happy to do it.

Perhaps you fall into the category I defined.Whether you were happy to do it is neither here nor there.The only sure test is what happens after one's death, and specifically if there is some kind of a dispute .If - in the event of a problem arising after your demise - you are content to leave the resolution in the hands of low level officials with nobody to insist on the law being applied, your wishes respected and generally to fight your corner, so be it.

 

I accept that in that scenario, it won't trouble you too much.

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I keep reading about doing wills at amphurs or doing it yourselves etc. but what nobody mentions is that every single case where assets are passed from one person to another it needs to go to court, whether the person has made a will or not at all. 

The reason being that the banks, land office or motor licencing office require the will etc to be proved to be legal and not fake. So you need a court order to give to the bank in order to release any funds, or to change land ownership or motor ownership. For this reason alone it is worth having the will drawn up by a professional so that there are no problems with the judge and it is accepted ok.

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42 minutes ago, jayboy said:

Perhaps you fall into the category I defined.Whether you were happy to do it is neither here nor there.The only sure test is what happens after one's death, and specifically if there is some kind of a dispute .If - in the event of a problem arising after your demise - you are content to leave the resolution in the hands of low level officials with nobody to insist on the law being applied, your wishes respected and generally to fight your corner, so be it.

 

I accept that in that scenario, it won't trouble you too much.

First i do not fall into any of your categories, i am me, an individual.

Second, everything i have in Thailand, bank accounts, vehicles in fact everything goes to my wife.

Third i would trust low level officials, as you call them , before i would trust any damned lawyer.

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8 minutes ago, colinneil said:

First i do not fall into any of your categories, i am me, an individual.

Second, everything i have in Thailand, bank accounts, vehicles in fact everything goes to my wife.

Third i would trust low level officials, as you call them , before i would trust any damned lawyer.

Looks as though you fall very neatly into the category I referred to.Good luck to you.

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6 minutes ago, colinneil said:

First i do not fall into any of your categories, i am me, an individual.

Second, everything i have in Thailand, bank accounts, vehicles in fact everything goes to my wife.

Third i would trust low level officials, as you call them , before i would trust any damned lawyer.

Ok mate, well good luck to your wife then, when she tries to get the money out of your bank account without the court order.

Its law.....upon death your bank accounts are frozen and it then needs a court order to get the funds released. In order to go to court your wife will need to use a lawyer, so it does not matter what you think about lawyers, she will use one or not get the money. Simple as that.

I’m not trying to be difficult or talk you or anybody down, just stating the law.

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3 hours ago, jayboy said:

The only sure test is what happens after one's death, and specifically if there is some kind of a dispute .If - in the event of a problem arising after your demise - you are content to leave the resolution in the hands of low level officials with nobody to insist on the law being applied, your wishes respected and generally to fight your corner, so be it.

If there is any kind of dispute, a simple but effective clause inserted in the Will takes care of that scenario.

 

If you want to name a low level official as the Executor that's your choice.

Usually the Executor and the beneficiary would be your wife/husband.

Under Thai law your wife/husband is automatically the beneficiary of your estate, unless a Will names another.

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