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BANGKOK 19 June 2019 06:35
gerry53

Will Advice

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I am looking for a lawyer to do my will and last testament for my Thai assets and having my Thai G/F as the beneficiary, I do not want the Thai government to confiscate them. My Thai assets are only a motorcycle, bank account and an investment account at the same bank. I had been advised of a service near immigration that did simple wills and only charged only 5,000 baht, when I enquired it was 20,000 baht which seemed ridiculous. I tried a second Thai law office and they wanted 10,000 baht for Thai only writting and 15,000 if I wanted a copy in english also. Does anyone have any recent experiences and prices? I did a search and know you can do one yourself and pay for translation but feel more comfortable with a real lawyer giving advice. Does a Thai will need to be registered as in many other countries?

Thanks

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If you don't want the Thai government to get your assets then don't let a Thai lawyer get them either

Get an English simple will translated from one of the translating companies you see here at Thai Visa

Go to the Amphur in Bamlamung and have them process and register it for you

You will need 1. copy of your Passport (Face page and Visa) 2. A medical certificate available for 100-150 THB from any clinic 3. Original and copy of the Thai and English Will 4. You will need two Thai witnesses (the girls at the Amphur will be most happy to be your witnesses (don't forget to tip) 5. Take your girl so she can show them her Thai ID card 6. 20 THB baht to pay for it all

...

This is great info, thanks for that !

Does anybody know if I can leave everything to my underage kids ? I am

divorced, my kids are 8 & 6 at this time. Money could be held in an account

until they are 18/21, but how about house, car, and other crap I am accumulating ?

Thanks,

rudi

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Thanks for the info Langsuan Man, much of the professional Thai legal advice I have seen seems to be conflicting depending on the lawyer you talk to. When going into the Banglamung Amphur do I need to itemize each asset ( ie bank account, investment account, motorcycle registration etc).

Why would a medical certificate be needed other than to prove mental compentency for a will? Do the doctors have a special form for this medical certificate or is it one like for immigration or the Thai drivers licences?

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Money could be held in an account

until they are 18/21, but how about house, car, and other crap I am accumulating ?

Thanks,

rudi

A friend of ours has a problem how to be kept the money until his daughter will be 18.

(His daughter is from a Thai women, but our friend and the mother of the child are not married.)

Can somebody of you give a good advice how to solve this problem?

Can our friend open a bank account which is "closed" until the child is 18?

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Thanks for the info Langsuan Man, much of the professional Thai legal advice I have seen seems to be conflicting depending on the lawyer you talk to. When going into the Banglamung Amphur do I need to itemize each asset ( ie bank account, investment account, motorcycle registration etc).

Why would a medical certificate be needed other than to prove mental compentency for a will? Do the doctors have a special form for this medical certificate or is it one like for immigration or the Thai drivers licences?

NO, need to itemize, just make it clear that you are talking about your assets in Thailand and exclude your assets in your home country. One of the advantages of doing this way is that you can write your Will in plain English, which will be translated into plain Thai

I happened to mention all property, bank accounts, motor vehicles and personal possessions that may be in my name at the time of my death, but did not itemize

The Medical Certificate is the same one you get at any clinic for Drivers Licenses, etc. and you are correct in that it is required for the "sound mind and body " part that is the preamble to most Wills

The only question the Amphur had for my girlfriend was "Did he really do this on his own" trying to find out whether or not she influenced me, to which she replied "he smart man" :D

As far as the question about children, best to consult a lawyer, my solution is for a simple Will, not one which deals with minor children. In the US you can open a bank account "in trust for" a minor child but I am not sure about Thailand

One final bit of advice, use the Thai ID card number of any Thai beneficiary in addition to their name, since no matter what, the ID card number stays the same from cradle to grave

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This is most interesting and useful advice, thanks for posting Langsuan Man

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Any chance of having a sticky put on this one please?

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If you don't want the Thai government to get your assets then don't let a Thai lawyer get them either

Get an English simple will translated from one of the translating companies you see here at Thai Visa

Go to the Amphur in Bamlamung and have them process and register it for you

You will need 1. copy of your Passport (Face page and Visa) 2. A medical certificate available for 100-150 THB from any clinic 3. Original and copy of the Thai and English Will 4. You will need two Thai witnesses (the girls at the Amphur will be most happy to be your witnesses (don't forget to tip) 5. Take your girl so she can show them her Thai ID card 6. 20 THB baht to pay for it all

They will witness everything, place the information in their registry book, and will seal the envelope containing the Will in an envelope, place it into storage, and will give you a receipt

Using a lawyer is fraught with danger since they will not register the Will until you are dead and then how do you know that what you wrote is what was registered

This way you maintain control through the whole process. The only caveat is that in case of any dispute the Thai version of the Will will take precedence

BTW. I did the above process less than a year ago and the requirements I cited are directly from the Banglamung Amphur

Who do you trust the most, a lawyer or yourself ? This is one time where the DYI route is the best and safest way to go

Thanks laugsuan man great adivce,it would make sence to have the wife ,,[my wife at least and legal],,make a will at the amphur as well, and save the lawyer,i did go to one a while back[lawyer] who said the will would be stamped by judge or whoever in wax ,if wax broken before read null and void.but never got around to it.we have 2 kids now and god forbid

nothing happens to her but things would get difficult if all things are in her name and she was to pass away

yourself or anyone have any thought on wifes WILL seeming we have this pinned now,[thanks for that].

thanks in advance.

cat

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thanks for making this a sticky...perhaps it can be placed in other forums.

Here are links I've gathered...hope they help

-- links valid as of 2011-03-05 --

LAST WILL AND TESTAMENT IN THAILAND (Isaan Lawyers http://www.thailawonline.com)

http://www.thailawonline.com/en/inheritance-and-wills/inheritance-and-wills-thailand-thai-law-living-will

above link dead, changed to...

http://www.thailawonline.com/en/family/inheritance-and-wills.html

Downloads from above link...

http://www.thailawonline.com/en/family/living-wills-in-thailand (Link to below)

http://www.isaanlawyers.com/Wills%20and%20Estate%20Planning.pdf

http://www.isaanlawyers.com/images/Succession%20CCCT.pdf

http://www.isaanlawyers.com/Wills%20in%20Thailand.pdf

LIVING WILLS IN THAILAND (Isaan Lawyers http://www.thailawonline.com)

http://www.thailawonline.com/en/family/living-wills-in-thailand

The regulation about 'Living Wills" was signed on October 6th 2010 by the Prime minister of Thailand.

It was published on 22nd October 2010 in the Royal Thai Gazette.

According to clause 1, it will be applicable 210 days after the publication in the Governmental Gazette, so around June 2011.

You can find the regulation in Thai here:

http://www.thailawonline.com/images/documents/Living%20Wills%20in%20Thailand%20-%20Regulation%20in%20Thai.pdf

And an unofficial translation in English here:

http://thailawonline.com/images/documents/living_will_regulation_%28Thailand%29_English_by_Isaan_Lawyers.pdf

OTHER RELATED DOCUMENTS AND ARTICLES (links on this page)

* Health Act, (2007)

**no link

* Tilleke Gibbins

http://www.tillekeandgibbins.com/Publications/Newsletters/legal_development/legal_developments_nov07.pdf

* Bangkok Post commentary:

17856/a-living-will-that-allows-us-to-die-in-peace (you find it)

* Bangkok Post article:

19395/living-will (you find it)

* Bangkok Post article: Dying patient's rights plan approved

162067 (you find it)

* Matichon Online (Thai)

http://www.matichon.co.th/news_detail.php?newsid=1253604998

* Other article in Thai language

""National Health Act, living wills ... start writing ... "I die."""

http://www.komchadluek.net/detail/20090910/27859/%25E0%25B8%259E.%25E0%25B8%25A3.%25E0%25B8%259A.%25E0%25B8%25AA%25E0%25B8%25B8%25E0%25B8%2582%25E0%25B8%25A0%25E0%25B8%25B2%25E0%25B8%259E%25E0%25B9%2581%25E0%25B8%25AB%25E0%25B9%2588%25E0%25B8%2587%25E0%25B8%258A%25E0%25B8%25B2%25E0%25B8%2595%25E0%25B8%25B4...%25E0%25B9%2580%25E0%25B8%25A3%25E0%25B8%25B4%25E0%25B9%2588%25E0%25B8%25A1%25E0%25B8%259E%25E0%25B8%25B4%25E0%25B8%2599%25E0%25B8%25B1%25E0%25B8%25A2%25E0%25B8%2581%25E0%25B8%25A3%25E0%25B8%25A3%25E0%25B8%25A1%25E0%25B8%258A%25E0%25B8%25B5%25E0%25B8%25A7%25E0%25B8%25B4%25E0%25B8%2595...%25E0%25B9%2580%25E0%25B8%2582%25E0%25B8%25B5%25E0%25B8%25A2%25E0%25B8%2599%25E0%25B8%2582%25E0%25B8%25AD%25E0%25B8%2595%25E0%25B8%25B2%25E0%25B8%25A2.html

LINKS TO THAIVISA THREADS (AS OF JULY 2010)

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could you not put the bike in her name now and make the accounts joint so she can get the money after your demise. going to see a british lawyer tomorrow about the same thing on soi 3rd road called british law, specialises in divorce will etc, funnily enough i am changing my will to take out thai GF, all going to World vet service. let you know how much and what he says. the thought of her family sitting on there <deleted> blowing the money i inherited does not sit well on my mind, they had enough already.

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could you not put the bike in her name now and make the accounts joint so she can get the money after your demise. going to see a british lawyer tomorrow about the same thing on soi 3rd road called british law, specialises in divorce will etc, funnily enough i am changing my will to take out thai GF, all going to World vet service. let you know how much and what he says. the thought of her family sitting on there <deleted> blowing the money i inherited does not sit well on my mind, they had enough already.

sods law he has had to return to the UK for 2 weeks but will follow up

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A very usefiul thread, thanks

Langsuan Man - did you mention an executor in the Will? Or will that complcate matters in your view?

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Yes I did and also included an alternate

Since there have been so many questions regarding this, here is mine with individual names redacted I have bolded the areas of special importance here in Thailand (IMHO)

I, xxxxxxxxxxx , residing at (address) Kingdom of Thailand, an unmarried male, declare this to be my Last Will and Testament, and I revoke any and all wills and codicils I previously made in the Kingdom.





ARTICLE I: Funeral expenses & payment of debt

I direct my executors to pay my enforceable unsecured debts and funeral expenses, to include but not limited to the cremation of my remains, the expenses of my last illness, and the expenses of administering my estate.

ARTICLE II: Money & Personal Property

I give all my tangible personal property, bank accounts, cash, automobiles, and all policies and proceeds of insurance covering such property that is located in the Kingdom of Thailand, to my partner, xxxxxxxxxxxxxxxx, Thai ID number xxxxxxxxxxxxxxxxxxxx. If she does not survive me, I give that property to her minor (under 18) children who survive me, in equal shares, to be divided among them by my executors in their absolute discretion. My executors may pay out of my estate the expenses of delivering tangible personal property to beneficiaries.

ARTICLE III: Real Estate

I give all my residences, that are in my name or in the company name of xxxxxxxxx, subject to any mortgages or encumbrances thereon, and all policies and proceeds of insurance covering such property, to my partner, xxxxxxxxxxxxxxxxxx . If she does not survive me, I give that property to her minor children.

ARTICLE IV: Residuary Clause

I give the rest of my estate (called my residuary estate) to my partner, xxxxxxxxxxxxx, If she does not survive me, I give my residuary estate to her minor children who survive me, in equal shares, to be divided among them.

ARTICLE V: Fiduciaries

I appoint my partner, xxxxxxxxxxxxx, as Executor of this will. If she is unable or unwilling to act, or resigns, I appoint her son-in- law, xxxxxxxxx, as her successor. If this successor also predeceases me or is unable or unwilling to act, his survivor shall serve as executor. My executor shall have all the powers allowable to executors under the laws of this country. I direct that no bond or security of any kind shall be required of any executor.

ARTICLE VI: Simultaneous Death Clause



If my partner, xxxxxxxxxxxxxxx, and I shall die under such circumstances that the order of our deaths cannot be readily ascertained, my partner shall be deemed to have predeceased me. No person, other than my partner, shall be deemed to have survived me if such person dies within 30 days after my death. This article modifies all provisions of this will accordingly.

I have signed this will this ____ day of ____, 20___ .

___________________

(legal signature)

SIGNED AND DECLARED by xxxxxxxxxxxxx on________________to be his will, in our presence, who at his request, in his presence and in the presence of each other, all being present at the same time, have signed our names as witnesses.

___________________

(signature and Thai ID number)

___________________

(signature and Thai ID number)

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many thanks

Who did you use for the translation locally as some of the phraseology may confuse many Thais? Thanks again.

Yes I did and also included an alternate

Since there have been so many questions regarding this, here is mine with individual names redacted I have bolded the areas of special importance here in Thailand (IMHO)

I, xxxxxxxxxxx , residing at (address) Kingdom of Thailand, an unmarried male, declare this to be my Last Will and Testament, and I revoke any and all wills and codicils I previously made in the Kingdom.





ARTICLE I: Funeral expenses & payment of debt

I direct my executors to pay my enforceable unsecured debts and funeral expenses, to include but not limited to the cremation of my remains, the expenses of my last illness, and the expenses of administering my estate.

ARTICLE II: Money & Personal Property

I give all my tangible personal property, bank accounts, cash, automobiles, and all policies and proceeds of insurance covering such property that is located in the Kingdom of Thailand, to my partner, xxxxxxxxxxxxxxxx, Thai ID number xxxxxxxxxxxxxxxxxxxx. If she does not survive me, I give that property to her minor (under 18) children who survive me, in equal shares, to be divided among them by my executors in their absolute discretion. My executors may pay out of my estate the expenses of delivering tangible personal property to beneficiaries.

ARTICLE III: Real Estate

I give all my residences, that are in my name or in the company name of xxxxxxxxx, subject to any mortgages or encumbrances thereon, and all policies and proceeds of insurance covering such property, to my partner, xxxxxxxxxxxxxxxxxx . If she does not survive me, I give that property to her minor children.

ARTICLE IV: Residuary Clause

I give the rest of my estate (called my residuary estate) to my partner, xxxxxxxxxxxxx, If she does not survive me, I give my residuary estate to her minor children who survive me, in equal shares, to be divided among them.

ARTICLE V: Fiduciaries

I appoint my partner, xxxxxxxxxxxxx, as Executor of this will. If she is unable or unwilling to act, or resigns, I appoint her son-in- law, xxxxxxxxx, as her successor. If this successor also predeceases me or is unable or unwilling to act, his survivor shall serve as executor. My executor shall have all the powers allowable to executors under the laws of this country. I direct that no bond or security of any kind shall be required of any executor.

ARTICLE VI: Simultaneous Death Clause



If my partner, xxxxxxxxxxxxxxx, and I shall die under such circumstances that the order of our deaths cannot be readily ascertained, my partner shall be deemed to have predeceased me. No person, other than my partner, shall be deemed to have survived me if such person dies within 30 days after my death. This article modifies all provisions of this will accordingly.

I have signed this will this ____ day of ____, 20___ .

___________________

(legal signature)

SIGNED AND DECLARED by xxxxxxxxxxxxx on________________to be his will, in our presence, who at his request, in his presence and in the presence of each other, all being present at the same time, have signed our names as witnesses.

___________________

(signature and Thai ID number)

___________________

(signature and Thai ID number)

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