Jump to content

Making a Thai Will


Recommended Posts

A morbid topic that, maybe in common with many, I have been putting off for some time now.  But having watched the families of a few friends who passed away really struggling to sort out the affairs of the deceased, I figured I should grip this up.

 

One, a Brit  in Spain died unexpectedly-no access to his computer (password?), no one knew if he rented or owned his condo, no one knew his bank details etc etc.

Another, fairly wealthy Brit living in Philippines.  So far, his family have incurred legal costs of over 100k GBP fighting claims from his wife/gf's family.

 

So my uk executor, a family member, is pleading with me not only to have a uk Will (all done), but also to prepare a 'dying tidily' list of user names/passwords, banks/pension company/insurer/embassy contacts etc etc.  Boring stuff but should be done I guess.

 

So, a part of that 'set' is a simple thai Will, with, in my case, a single beneficiary of my simple thai assets :property, bank accounts, vehicle.

 

Just had a lawyer quote me 15k baht which I believe is excessive. So seeking alternatives. And conscious that as situations, families and assets change, so should Wills- and I spoke with one lawyer here who charges the same for amendments as for the initial Will. (nice work if you can get it). So I dont want to kick off with a high cost Will and be on a treadmill.

 

There is a Legal Firm doing online packages @ 740Baht which is an option. But before going down that route I thought I would try reaching out to see if some are willing to share their recent experiences - good or bad- with Online, Local Lawyers or DIY Thai Wills.

 

And while on this subject, I recommend having a Living Will, for which the documents are available on line, which, depending on the doctor, may avoid an unnecessarily long semi- or un conscious stay in hospital, full of tubes, when early departure would be your preferred option.

 

 

Link to post
Share on other sites
  • Replies 38
  • Created
  • Last Reply

Top Posters In This Topic

Top Posters In This Topic

Popular Posts

I think its better to have 2 wills   One for Thai assets and one for your home country

I'm from the U.S.  My wife is Thai. We married in the U.S. We did not register our marriage in Thailand.  No children.  This is our experience and measures we have undertaken.   1.  We exten

I have one and will post it here as soon as I can find it........be back shortly. Thai Will template amended.docx

No morbid but the truth.  We all are going to die why not be responsible about it.I just used a template from online a few years back.  I think it was around the same price you are quoting.  

 

But, you would be surprised how many here own property, cars, motorbikes, 800,000 + in the bank and have absolutely no will or documented means to dispose of it.  It all seems very irresponsible as most of us have family in other countries who will be left holding a bag of S... trying to deal with the government entities here.

Edited by bkk6060
  • Like 1
Link to post
Share on other sites

With reference to the above, you need to think through  how the asset you hold would be distributed 

 

I am married, so we have joint accounts with one of us being able to sign

 

If the banks know you have died, they will freeze the account until probate has been approved

 

In Thailand as in other countries the will will need to go through probate and here in Thailand that's the start of expensive costs and IHT in other countries

  • Like 1
Link to post
Share on other sites

I have a Will and executor in USA but I have assets here too. 

 

My wife does not speak English and I want an easy transition... [pills and liquor?] 

 

I had a package of three docs... power of attny of my assets here [in case in hospital] healthcare and general Will... the cost for all 3 at a very respectable/decent lawyer was abt 10,000 baht... in English and Thai... 

 

I keep all documents in a safe w/a list of assets and how to locate them along with contacts in USA... I have left the phone number of the lawyer here as the contact for my wife as I trust he will take care of making the contacts in USA... 

 

A lawyer I would highly recommend if you want to PM me.

 

 

You know - it doesn't take long and offers peace of mind. 

 

.. 

  • Like 1
Link to post
Share on other sites
21 hours ago, kenk24 said:

I have a Will and executor in USA but I have assets here too. 

 

My wife does not speak English and I want an easy transition... [pills and liquor?] 

 

I had a package of three docs... power of attny of my assets here [in case in hospital] healthcare and general Will... the cost for all 3 at a very respectable/decent lawyer was abt 10,000 baht... in English and Thai... 

 

I keep all documents in a safe w/a list of assets and how to locate them along with contacts in USA... I have left the phone number of the lawyer here as the contact for my wife as I trust he will take care of making the contacts in USA... 

 

A lawyer I would highly recommend if you want to PM me.

 

 

You know - it doesn't take long and offers peace of mind. 

 

.. 

PM sent

Link to post
Share on other sites
On 9/21/2020 at 4:06 PM, Peter Denis said:

A link to a site with some valuable information on  making a will in Thailand.

> https://www.samuiforsale.com/family-law/forms-of-wills-under-thai-law.html

Especially #1 is of interest  > The most common last will and testament in Thailand is a last will in writing, dated at the time of making and signed by the testator in the presence of at least 2 witnesses who sign their names to certify the signature of the testator (section 1656 of the Civil and Commercial Code). It is not required that such a will is notarized or registered for it to be a valid legal will.

So this can be done almost on the spot, and it will at least ensure that your wishes will be respected within the boundaries of the law.

That last part is important, because many people think that a will should take into consideration all legal aspects to make it valid and requires a lawyer which is costly/difficult they refrain from doing it, which is a pity because that is NOT necessary at all. 

You can simply write how you want your possessions to be dealt with after you die, not taking into consideration family, legal considerations or whatever.  If you simply write > I want that EVERYTHING I have goes to my girlfriend XY,

that is a FULLY VALID will (when signed in the presence of the 2 witnesses).  And it will then be executed according to your will BUT within the legal boundaries.  If you have next of kin, they will still get the lion-share of your possessions (if you did not legally dis-inherit them earlier), but your girlfriend will get the maximum possible under the law.

Thank you. very useful

Link to post
Share on other sites
On 9/21/2020 at 4:09 PM, HullyGully said:

I am married, so we have joint accounts with one of us being able to sign

 

If the banks know you have died, they will freeze the account until probate has been approved

Were you implying that your joint account would also be frozen?

Link to post
Share on other sites
36 minutes ago, fangless said:

Does anyone know where to get a blank/template Thai/English will form?

 

The link quoted in my post #10

https://www.samuiforsale.com/family-law/forms-of-wills-under-thai-law.html

features a link at the bottom to order a Last Will package (including english language template), but the package costs 20 US $.

Probably someone that ordered that package might share it with you.

Note: I would be interested too...

 

  • Like 1
  • Thanks 1
Link to post
Share on other sites
6 hours ago, Peter Denis said:

Probably someone that ordered that package might share it with you.

Note: I would be interested too...

 

That is what I was also hoping for!

Link to post
Share on other sites

I live in Chiang mai. 

I have a will in UK for my UK assets.

I have a will made in CM for my Thai assets.

I made use of a local Visa agent. My Thai will is lodged at the local Ampure in accordance with Thai rules. Two of the solicitors who made out my will accompanied me to the Ampure to lodge my will in accordance with the Ampure officials instructions.

 

john

  • Like 1
Link to post
Share on other sites

Create an account or sign in to comment

You need to be a member in order to leave a comment

Create an account

Sign up for a new account in our community. It's easy!

Register a new account

Sign in

Already have an account? Sign in here.

Sign In Now
  • Recently Browsing   0 members

    No registered users viewing this page.


×
×
  • Create New...