Last Will and Testament

[Bernard]

My apologies as I know this subject has been covered before. I've looked through previous posts and cannot find the answer to my question. Very simply, does anyone have a Will covering their assets in Thailand that I could have a copy of in Thai and English please.

Obviously I do not wish to see the content or beneficiaries but do need to see which law in Thailand is referred to and how the Will is written. For example, my English Will states that it is (as defined in section 55 of the Administration of Estates Act 1925). The lawyer (I use the word lightly) who I saw yesterday said that he would include the same text as per my English Will when he translated mine into Thai. When I said "but you will be referring to English law", he said, It doesn't matter. At that point I left the meeting.

Any help or advice would be appreciated. Thank you.

[StevePIraq]

my recommendation is go to see the English lawyer with an office at Makro, excellent service and first meeting is free

[Nereus]

I have had several Wills drawn up in Thailand over many years as circumstances changed. While I have very little time for Thai lawyers, your advice was probably correct. None of my Wills, including a very recent upgrade, mention any Thai laws. Bank account details, property (Condo) details, car registration and such like, but never any reference to Thai laws.

Having said that, it is also a good idea to make yourself familiar with the Thai laws concerned, particularly those related to family hierarchy structure.

I also agree with StevePIraq that you should consult a lawyer. You also need to be absolutely sure that the Thai version has been translated correctly from the English version, as the Thai version is the only one accepted by the court.
Any ambiguous wording may well lead to your Will being contested if someone thinks that they can get themselves some easy money. And in that event the whole process in dispute could drag on for 10 years or more.

You may also be asked to pay a small fee to any Thai that acts as a witness, and I advise you to do so as the person concerned is then obliged to attend court if the situation ever arises.

[StevePIraq]

A short while ago a Swiss friend sadly died, he did not leave a Thai Will, he was married however everything was in his own name, numerous car and motorbikes plus property, and bank accounts. His wife with assistance obtained a death certificate, notified the police and Swiss Embassy, she employed a lawyer. With a relatively short while everything in Thailand was transferred to her name with no court hearing or appearance.

I do not know the details but apart from waiting it did not seem to be too onerous.

Note this was only for assets in Thailand, a Thai court will not administer any assets outside of Thailand

[Green Nomad]

Hi,, StevePIraq could you let me know where the English Lawyer at Makro is, obviously Makro between HH and Cha Am, is that correct? Do you have contact number for him?

Cheers GN.

[Nereus]

Hi,, StevePIraq could you let me know where the English Lawyer at Makro is, obviously Makro between HH and Cha Am, is that correct? Do you have contact number for him? Cheers GN.

The "English Lawyer" at Macro is not a lawyer, his wife is. Her office is clearly marked and is the one closest to the Macro building in Hua Hin.

[Green Nomad]

Thanks Nereus, I will check it out when I am in HH next week. GN.

[StevePIraq]

His name is David, excellent guy. First chat is free. They are next to the post office. Number is 08 1846 9193

[Green Nomad]

Additional thanks StevePIraq.... GN

[robcar]

Can anyone give me an idea of the cost of getting one written up??

[georgy]

We payed around 6k some years ago

[Ratsima]

My wife charges 3000 for a simple will in Thai and English.

[migrant]

My wife charges 3000 for a simple will in Thai and English.

In the states a will usually causes probate, a long, costly process. A living trust was developed to avoid probate, and still adhere to the wishes of the deceased. Is there something comparable in Thailand?

[Ratsima]

My mother, who lived in California, had a living trust which enabled my sister and I to avoid probate all together. AFAIK there's nothing similar in Thai law. Then again, I'm not the lawyer in the family.

[HHTel]

Of course the cheapest form of a will is a holographic will (written in your own hand). No witnesses needed and only you know what's in it. This kind of will is legal in Thailand but one must be careful to word it precisely with no cause for confusion.