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The Importance Of Preparing A Will In Thailand


george

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It does not have to be drafted in Thai language.

True –but better that it is written in Thai with English Language translation-or some other language as is convenient.

The court can only accept documents in Thai language and only recognizes certain official and expensive companies as official translators.

So Wills in non Thai will had cost and delay to the process

I have not had dealings with the courts thankfully but other government departments accept translations done by any old translation company, as long as it is notarised by the Ministry of Foreign Affairs. In translating the other way from Thai to English they are happy to notarise English that is virtually incomprehensible, although they love nitpicking on things like the English transliteration of a Thai name. No doubt they will often notarise translations from English to Thai that are not strictly correct, given their obviously poor standards of English.

Edited by Arkady
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My view of the entire Will procedure is as follows:

  1. Find a lawyer that you can trust.
  2. Make 2 originals of the Will. (This is protection against the possibility of the loss of the only original)

The lawyer keeps one of the originals. Give the other to the principal benefactor.

3 Generate a list of important data.

a List of people to contact with the news.

b Codes PIN ‘s and passwords (if appropriate) to give access to some cash.

This data to be stored at the lawyers office with the Will

Give the principal benefactor the business card of the Lawyer

All very sensible and well thought through.

Item 1. please PM any suggestions?

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  1. Find a lawyer that you can trust.

Item 1. please PM any suggestions?

Reference the selection of a good lawyer that can be trusted.

The one that I used was British . My next choice would have been a German lawyer that I am aware of -failing that a Chinese.

Am I wrong to overlook the local boys?

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  1. Find a lawyer that you can trust.

Item 1. please PM any suggestions?

Reference the selection of a good lawyer that can be trusted.

The one that I used was British . My next choice would have been a German lawyer that I am aware of -failing that a Chinese.

Am I wrong to overlook the local boys?

I believe i am correct that a foreigner cannot practice law in Thailand, only provide consulting or management services. If push came to shove and a Will is disputed, a Thai lawyer would have to represent you at Court

Edited by simple1
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If I make out a Will in Thailand to cover all my Thai assets and I make out a separate Will in the U.K. to cover all remaining assets (all my worldly goods excluding Thailand), does anyone know the correct legal wording that needs to be included in each Will to ensure that they both remain valid (they won’t cancel each other out) and will be processed in their respective countries completely independently to each other.

Perhaps someone who has done something similar would be kind enough to clarify and confirm the correct wording.

Many thanks

The easiest way is to contact Allied Professional Will Writers Ltd who did my UK Will and know exactly what to do. They have a website and email.

My Thai Will is written in the same way but in English with the Thai translation of each para immediately underneath. There is also a rider that says should there be a dispute regarding any aspect in the Thai version then the English definition will take precedence.

In the UK Will in the 'revoke' clause use the words 'United Kingdom' and 'Thailand' in the Thai Will.

Edited by Anon999
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  1. Find a lawyer that you can trust.

Item 1. please PM any suggestions?

Reference the selection of a good lawyer that can be trusted.

The one that I used was British . My next choice would have been a German lawyer that I am aware of -failing that a Chinese.

Am I wrong to overlook the local boys?

I believe i am correct that a foreigner cannot practice law in Thailand, only provide consulting or management services. If push came to shove and a Will is disputed, a Thai lawyer would have to represent you at Court

I should have been more specific. A British managed Law firm. Assuming that my heirs use this firm (and there is no obligation to do so) -then of course it will be a native Thai Lawyer who appears before the judge

Thanks for high lighting this point

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If I make out a Will in Thailand to cover all my Thai assets and I make out a separate Will in the U.K. to cover all remaining assets (all my worldly goods excluding Thailand), does anyone know the correct legal wording that needs to be included in each Will to ensure that they both remain valid (they won’t cancel each other out) and will be processed in their respective countries completely independently to each other.

Perhaps someone who has done something similar would be kind enough to clarify and confirm the correct wording.

Many thanks

The easiest way is to contact Allied Professional Will Writers Ltd who did my UK Will and know exactly what to do. They have a website and email.

My Thai Will is written in the same way but in English with the Thai translation of each para immediately underneath. There is also a rider that says should there be a dispute regarding any aspect in the Thai version then the English definition will take precedence.

In the UK Will in the 'revoke' clause use the words 'United Kingdom' and 'Thailand' in the Thai Will.

If the Will for Thai assets is disputed in a Thai court, only the Thai language version is applicable

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hi everybody! i am in chiang mai........bought a car and just put an offer in to buy a house.........and must do a will!

a previous user paid 15000 and somebody else paid 3000 for a will........scary

i dont want a monkey lawyer..... can anybody recommend anybody who will not fleece me and do it proper!

ta........

smile.png

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  • 2 weeks later...

Cardholder

states:

Somewhat

difficult to have a "last Will and Testament" with TWO originals

Give copies to anyone you feel needs one.

It was my lawyer who recommended this approach. He had had several experiences where the only original had got lost .

Remember that if a foreigner dies in Thailand with in effect no Will and no legal Thai family –then his assets are ‘bequeathed ‘ to the Thai government.

I also understand that if a foreigner ,who has Thai assets and no Thai family or a Will , dies outside Thailand then the assets are in legal no mans land-nobody can touch them

Copies of Wills have very limited value.

I repeat - you CANNOT have two 'originals'.

Use your brains and 'file' it/a copy with the amphur or your embassy (not much use in all reality).

The fact is that I have 2 originals .So obviously you can have 2 originals .Both documents are identical in every way. Both bear all original signatures.

One of these originals is with my principal benefactor -the 2nd with my Lawyer.

Ofcourse the court will only be presented with one of the 2 originals . The unused original will be destroyed (I am assumming).

A copy of a Will with a copied signature has no value. A judge will ignore it.

Edited by Delight
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anyone care to upload a thai will template along with the english translation?

The attached 2 templates should be okattachicon.gifWILL ENGLISH.jpg
Thanks HughJass! Very kind of you you to share these templates.

cool.png

I can see an English copy but is there supposed to be a 2nd page, maybe in Thai?
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two questions to those who know.

1. The land on which I have built my house is owned by a Thai friend, as I can not own it legally of course, and documentation is properly arranged through a Thai lawyer.

Later on the person in question has married a foreigner and taken his family name.This is registered on the Chanote.

The intention now is to have the owner of the land register a last will in where she leaves mentioned land to a Thai national in case she dies.

Since she purchased this land before she married, will her spouse be able to dispute this last will ?

2. I have in mind to order the last will document together wit another legal document through Thailandlawonline.com , does anyone have experience with the quality and/or legallity of the documents provided on this website?

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two questions to those who know.

1. The land on which I have built my house is owned by a Thai friend, as I can not own it legally of course, and documentation is properly arranged through a Thai lawyer.

Later on the person in question has married a foreigner and taken his family name.This is registered on the Chanote.

The intention now is to have the owner of the land register a last will in where she leaves mentioned land to a Thai national in case she dies.

Since she purchased this land before she married, will her spouse be able to dispute this last will ?

2. I have in mind to order the last will document together wit another legal document through Thailandlawonline.com , does anyone have experience with the quality and/or legallity of the documents provided on this website?

Just a quick comment, looking at the sample doco from the site you referenced it does not make provision for the simultaneous death of you and your partner e.g. car accident

Edited by simple1
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two questions to those who know.

1. The land on which I have built my house is owned by a Thai friend, as I can not own it legally of course, and documentation is properly arranged through a Thai lawyer.

Later on the person in question has married a foreigner and taken his family name.This is registered on the Chanote.

The intention now is to have the owner of the land register a last will in where she leaves mentioned land to a Thai national in case she dies.

Since she purchased this land before she married, will her spouse be able to dispute this last will ?

2. I have in mind to order the last will document together wit another legal document through Thailandlawonline.com , does anyone have experience with the quality and/or legallity of the documents provided on this website?

Just a quick comment, looking at the sample doco from the site you referenced it does not make provision for the simultaneous death of you and your partner e.g. car accident

The lady who owns the land is not my partner

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two questions to those who know.

1. The land on which I have built my house is owned by a Thai friend, as I can not own it legally of course, and documentation is properly arranged through a Thai lawyer.

Later on the person in question has married a foreigner and taken his family name.This is registered on the Chanote.

The intention now is to have the owner of the land register a last will in where she leaves mentioned land to a Thai national in case she dies.

Since she purchased this land before she married, will her spouse be able to dispute this last will ?

2. I have in mind to order the last will document together wit another legal document through Thailandlawonline.com , does anyone have experience with the quality and/or legallity of the documents provided on this website?

Just a quick comment, looking at the sample doco from the site you referenced it does not make provision for the simultaneous death of you and your partner e.g. car accident

The lady who owns the land is not my partner

apologies assumed you had a Thai wife/GF you wish to have included in a Willsmile.png

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two questions to those who know.

1. The land on which I have built my house is owned by a Thai friend, as I can not own it legally of course, and documentation is properly arranged through a Thai lawyer.

Later on the person in question has married a foreigner and taken his family name.This is registered on the Chanote.

The intention now is to have the owner of the land register a last will in where she leaves mentioned land to a Thai national in case she dies.

Since she purchased this land before she married, will her spouse be able to dispute this last will ?

2. I have in mind to order the last will document together wit another legal document through Thailandlawonline.com , does anyone have experience with the quality and/or legallity of the documents provided on this website?

Just a quick comment, looking at the sample doco from the site you referenced it does not make provision for the simultaneous death of you and your partner e.g. car accident

The lady who owns the land is not my partner

apologies assumed you had a Thai wife/GF you wish to have included in a Willsmile.png

Actually that's an interesting remark.

So to put things straight.

The lady who owns "my" land is not in any relationship with me, in fact she has been married to a foreigner and has taken his family name, only recently.

I'm single and want her to make a will, to which she agrees, that she leaves this particular piece of land to a Thai child for who i take care.

What actually happens if I die before the landowner. is there a possibility to cover that. I can not make a will as I legally don't own the land.

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two questions to those who know.

1. The land on which I have built my house is owned by a Thai friend, as I can not own it legally of course, and documentation is properly arranged through a Thai lawyer.

Later on the person in question has married a foreigner and taken his family name.This is registered on the Chanote.

The intention now is to have the owner of the land register a last will in where she leaves mentioned land to a Thai national in case she dies.

Since she purchased this land before she married, will her spouse be able to dispute this last will ?

2. I have in mind to order the last will document together wit another legal document through Thailandlawonline.com , does anyone have experience with the quality and/or legallity of the documents provided on this website?

Just a quick comment, looking at the sample doco from the site you referenced it does not make provision for the simultaneous death of you and your partner e.g. car accident

The lady who owns the land is not my partner

apologies assumed you had a Thai wife/GF you wish to have included in a Willsmile.png

Actually that's an interesting remark.

So to put things straight.

The lady who owns "my" land is not in any relationship with me, in fact she has been married to a foreigner and has taken his family name, only recently.

I'm single and want her to make a will, to which she agrees, that she leaves this particular piece of land to a Thai child for who i take care.

What actually happens if I die before the landowner. is there a possibility to cover that. I can not make a will as I legally don't own the land.

EDIT: problem with quotes function:

Beyond my knowledge, may be your Embassy can point you to a lawyer who has a practice in the aspect of Thai law.

Edited by simple1
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two questions to those who know.

1. The land on which I have built my house is owned by a Thai friend, as I can not own it legally of course, and documentation is properly arranged through a Thai lawyer.

Later on the person in question has married a foreigner and taken his family name.This is registered on the Chanote.

The intention now is to have the owner of the land register a last will in where she leaves mentioned land to a Thai national in case she dies.

Since she purchased this land before she married, will her spouse be able to dispute this last will ?

2. I have in mind to order the last will document together wit another legal document through Thailandlawonline.com , does anyone have experience with the quality and/or legallity of the documents provided on this website?

Response to Question 1

If the female friend owned the land when she was single-she still owns the land 100% post marriage.

If she bequeaths the land to her new foreign husband-this she can do. Upon her death the court will give him 1 year to sell.

She can bequeath the land to whom she likes.

The widower typically cannot challenged her decisions reference inheritance.

If she does not leave a will then I think that a government official decides –who gets

what.

If they get divorced the ex-husband has no claim on the land.

With respect to your house in practical terms when you die the ownership will revert

to the land owner. Even if you bequethed the house to a friend-they would have

no right of access.You may,of course, have alternative legal routes in place.

Cannot help with Q 2

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two questions to those who know.

1. The land on which I have built my house is owned by a Thai friend, as I can not own it legally of course, and documentation is properly arranged through a Thai lawyer.

Later on the person in question has married a foreigner and taken his family name.This is registered on the Chanote.

The intention now is to have the owner of the land register a last will in where she leaves mentioned land to a Thai national in case she dies.

Since she purchased this land before she married, will her spouse be able to dispute this last will ?

2. I have in mind to order the last will document together wit another legal document through Thailandlawonline.com , does anyone have experience with the quality and/or legallity of the documents provided on this website?

Response to Question 1

If the female friend owned the land when she was single-she still owns the land 100% post marriage.

If she bequeaths the land to her new foreign husband-this she can do. Upon her death the court will give him 1 year to sell.

She can bequeath the land to whom she likes.

The widower typically cannot challenged her decisions reference inheritance.

If she does not leave a will then I think that a government official decides –who gets

what.

If they get divorced the ex-husband has no claim on the land.

With respect to your house in practical terms when you die the ownership will revert

to the land owner. Even if you bequethed the house to a friend-they would have

no right of access.You may,of course, have alternative legal routes in place.

Cannot help with Q 2

Thanks for the detailed answer.

Let me add some more questions, if I'm allowed to .

Is it possible for her to have 2 wills, one which only contains the destination of this land plot and another that covers all her other assets, or will the one that is made the latest automatically replace the previous ones.

The land has an at the landoffice registered mortgage on it, with me as beneficiary and my name on the back of the chanote, and which without doubt isn't repaid yet at the time of my or her departure.

What role will this play in the whole situation?

Edited by jbrain
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two questions to those who know.

1. The land on which I have built my house is owned by a Thai friend, as I can not own it legally of course, and documentation is properly arranged through a Thai lawyer.

Later on the person in question has married a foreigner and taken his family name.This is registered on the Chanote.

The intention now is to have the owner of the land register a last will in where she leaves mentioned land to a Thai national in case she dies.

Since she purchased this land before she married, will her spouse be able to dispute this last will ?

2. I have in mind to order the last will document together wit another legal document through Thailandlawonline.com , does anyone have experience with the quality and/or legallity of the documents provided on this website?

Response to Question 1

If the female friend owned the land when she was single-she still owns the land 100% post marriage.

If she bequeaths the land to her new foreign husband-this she can do. Upon her death the court will give him 1 year to sell.

She can bequeath the land to whom she likes.

The widower typically cannot challenged her decisions reference inheritance.

If she does not leave a will then I think that a government official decides –who gets

what.

If they get divorced the ex-husband has no claim on the land.

With respect to your house in practical terms when you die the ownership will revert

to the land owner. Even if you bequethed the house to a friend-they would have

no right of access.You may,of course, have alternative legal routes in place.

Cannot help with Q 2

Thanks for the detailed answer.

Let me add some more questions, if I'm allowed to .

Is it possible for her to have 2 wills, one which only contains the destination of this land plot and another that covers all her other assets, or will the one that is made the latest automatically replace the previous ones.

The land has an at the landoffice registered mortgage on it, with me as beneficiary and my name on the back of the chanote, and which without doubt isn't repaid yet at the time of my or her departure.

What role will this play in the whole situation?

For certain you cannot have 2 Wills in the same country. Keep it simple . One Will only.

Cannot understand your other statements.Why is your name on the Chanote-Do you have a legal lease?

You are beneficiary to what?

What type of organisation supplied the mortgage,

R U saying that it is impossible to ever pay off the mortgage?

Perhaps you could define the outcome that you are seeking?

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For certain you cannot have 2 Wills in the same country. Keep it simple . One Will only.

Cannot understand your other statements.Why is your name on the Chanote-Do you have a legal lease?

You are beneficiary to what?

What type of organisation supplied the mortgage,

R U saying that it is impossible to ever pay off the mortgage?

Perhaps you could define the outcome that you are seeking?

My name is on the back of the chanote as I am the provider of the mortgage, and the mortgage is registered at the landoffice with the title deed as colateral.

It is not possible to register both a mortgage and a lease on the same title deed if it concerns twice the same party, So i choose for the mortgage. i have a 3 year reneewable lease on the plot as well.

The mortgage, as you understand is only as a security and will offficially never expire.

I completely trust the owner of the land, but people can die without a warning, and I want to prevent having to deal with the relatives who inherit her assets.

She agrees to make and register a will at the Amphur wherein only the destination of this plot of land is described, however I can not know if at one point in the future she will make a will that covers her own assets. She owns a house herself.

My intention is that when I die my assets go to a now 9 year old Thai boy for who I take care.

I know I can transfer the land to the boys name right now, but that would mean I have to pay transfer tax once again, and secondly that would mean I have to deal with the boys mother who I doesn't trust as much as my Thai friend who currently has the land in her name.

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For certain you cannot have 2 Wills in the same country. Keep it simple . One Will only.

Cannot understand your other statements.Why is your name on the Chanote-Do you have a legal lease?

You are beneficiary to what?

What type of organisation supplied the mortgage,

R U saying that it is impossible to ever pay off the mortgage?

Perhaps you could define the outcome that you are seeking?

My name is on the back of the chanote as I am the provider of the mortgage, and the mortgage is registered at the landoffice with the title deed as colateral.

It is not possible to register both a mortgage and a lease on the same title deed if it concerns twice the same party, So i choose for the mortgage. i have a 3 year reneewable lease on the plot as well.

The mortgage, as you understand is only as a security and will offficially never expire.

I completely trust the owner of the land, but people can die without a warning, and I want to prevent having to deal with the relatives who inherit her assets.

She agrees to make and register a will at the Amphur wherein only the destination of this plot of land is described, however I can not know if at one point in the future she will make a will that covers her own assets. She owns a house herself.

My intention is that when I die my assets go to a now 9 year old Thai boy for who I take care.

I know I can transfer the land to the boys name right now, but that would mean I have to pay transfer tax once again, and secondly that would mean I have to deal with the boys mother who I doesn't trust as much as my Thai friend who currently has the land in her name.

So the mortgage is a device to stop her from selling the land-whilst you have your house on it.

The lease gives you the right to live there.

I think that a usufruct is required. I am not an expert.

However in essence with this legal device you have the right to stay on the land. The deal can be arranged such that it ends with your death . Not the death of the landowner.

This topic is explained in some detail via this link

http://www.samuiforsale.com/search.html?ordering=&searchphrase=all&searchword=usufruct

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For certain you cannot have 2 Wills in the same country. Keep it simple . One Will only.

Cannot understand your other statements.Why is your name on the Chanote-Do you have a legal lease?

You are beneficiary to what?

What type of organisation supplied the mortgage,

R U saying that it is impossible to ever pay off the mortgage?

Perhaps you could define the outcome that you are seeking?

My name is on the back of the chanote as I am the provider of the mortgage, and the mortgage is registered at the landoffice with the title deed as colateral.

It is not possible to register both a mortgage and a lease on the same title deed if it concerns twice the same party, So i choose for the mortgage. i have a 3 year reneewable lease on the plot as well.

The mortgage, as you understand is only as a security and will offficially never expire.

I completely trust the owner of the land, but people can die without a warning, and I want to prevent having to deal with the relatives who inherit her assets.

She agrees to make and register a will at the Amphur wherein only the destination of this plot of land is described, however I can not know if at one point in the future she will make a will that covers her own assets. She owns a house herself.

My intention is that when I die my assets go to a now 9 year old Thai boy for who I take care.

I know I can transfer the land to the boys name right now, but that would mean I have to pay transfer tax once again, and secondly that would mean I have to deal with the boys mother who I doesn't trust as much as my Thai friend who currently has the land in her name.

So the mortgage is a device to stop her from selling the land-whilst you have your house on it.

The lease gives you the right to live there.

I think that a usufruct is required. I am not an expert.

However in essence with this legal device you have the right to stay on the land. The deal can be arranged such that it ends with your death . Not the death of the landowner.

This topic is explained in some detail via this link

http://www.samuiforsale.com/search.html?ordering=&searchphrase=all&searchword=usufruct

I don't have any issues with staying on the land, even without the mortgage or lease I wouldn't be an issue, all these documents are just a built in safety.

My point is that after mine or the landowners death whichever comes first the land will be inherited by the Thai boy I take care for, but from who I'm not a legal guardian.

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For certain you cannot have 2 Wills in the same country. Keep it simple . One Will only.

Cannot understand your other statements.Why is your name on the Chanote-Do you have a legal lease?

You are beneficiary to what?

What type of organisation supplied the mortgage,

R U saying that it is impossible to ever pay off the mortgage?

Perhaps you could define the outcome that you are seeking?

My name is on the back of the chanote as I am the provider of the mortgage, and the mortgage is registered at the landoffice with the title deed as colateral.

It is not possible to register both a mortgage and a lease on the same title deed if it concerns twice the same party, So i choose for the mortgage. i have a 3 year reneewable lease on the plot as well.

The mortgage, as you understand is only as a security and will offficially never expire.

I completely trust the owner of the land, but people can die without a warning, and I want to prevent having to deal with the relatives who inherit her assets.

She agrees to make and register a will at the Amphur wherein only the destination of this plot of land is described, however I can not know if at one point in the future she will make a will that covers her own assets. She owns a house herself.

My intention is that when I die my assets go to a now 9 year old Thai boy for who I take care.

I know I can transfer the land to the boys name right now, but that would mean I have to pay transfer tax once again, and secondly that would mean I have to deal with the boys mother who I doesn't trust as much as my Thai friend who currently has the land in her name.

So the mortgage is a device to stop her from selling the land-whilst you have your house on it.

The lease gives you the right to live there.

I think that a usufruct is required. I am not an expert.

However in essence with this legal device you have the right to stay on the land. The deal can be arranged such that it ends with your death . Not the death of the landowner.

This topic is explained in some detail via this link

http://www.samuiforsale.com/search.html?ordering=&searchphrase=all&searchword=usufruct

I don't have any issues with staying on the land, even without the mortgage or lease I wouldn't be an issue, all these documents are just a built in safety.

My point is that after mine or the landowners death whichever comes first the land will be inherited by the Thai boy I take care for, but from who I'm not a legal guardian.

The land belongs to your female friend.

Only she can bequeath it to the Thai boy.

She does need a Will

If not her assets will pass to her relatives.

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The land belongs to your female friend.

Only she can bequeath it to the Thai boy.

She does need a Will

If not her assets will pass to her relatives.

I am well aware of that, and she has no problems to make a will which only stipulates what will happen with this particular plot of land after her death.

Of course I can not force her to make a will now that stipulates every asset she owns, as that is not my business.

Hence my question a few post ago about what will happen if in the future she decides to make will that covers her other assets, since she has 1 child with an ex Thai husband and 1 child with another man. Can both this wills be executed seperately from each other ?

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The land belongs to your female friend.

Only she can bequeath it to the Thai boy.

She does need a Will

If not her assets will pass to her relatives.

I am well aware of that, and she has no problems to make a will which only stipulates what will happen with this particular plot of land after her death.

Of course I can not force her to make a will now that stipulates every asset she owns, as that is not my business.

Hence my question a few post ago about what will happen if in the future she decides to make will that covers her other assets, since she has 1 child with an ex Thai husband and 1 child with another man. Can both this wills be executed seperately from each other ?

You can have more than one Will as long as the second one does not state that it revokes all others.

It is preferable to have the second Will refer to the first i.e. "I have executed a Will dated xxxx that deals specifically with ABC.... this WILL deals with DEF.... these are my only two Wills..."

Personally, I would roll all bequests into one Will that supersedes all others and is truly my "Last Will and Testament and revokes all others".

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