Intestate Probate and Thai Will laws

[Green Nomad]

Hi Guys..

Question about my Uk bank account if I die before Thai wife, does the Thai Will cover what I have in Uk. I am non uk resident. (Live and work abroad)

Anyone know for sure.

[Nereus]

Hi Guys..

Question about my Uk bank account if I die before Thai wife, does the Thai Will cover what I have in Uk. I am non uk resident. (Live and work abroad)

Anyone know for sure.

Just recently had to deal with this. NO, your Thai Will has no jurisdiction in the UK. You need to have a seperate Will for the UK.

[Green Nomad]

Thanks Nereus....that answers my question, next visit to Thailand we are making a Will for Thailand, so will have to think about Uk also, but never go there.

[REEM]

..... and if your UK will does not mention the distribution of your Thai assets and a Thai person should contest that UK will, your executors may become involved in a lengthy, expensive and undoubtedly nightmarish legal situation involving possibly conflicting legislation in two countries.

[NOKYAI]

If it’s a simple U.K. will, you can probably do it online.

[derek60]

If 2 married UK citizens jointly own a condo and one died would the surviving spouse automatically own the
property?

[Nereus]

If 2 married UK citizens jointly own a condo and one died would the surviving spouse automatically own the
property?

This was also part of the recent case that I mentioned. (assuming the Condo is in Thailand?)
It will not be "automatic" but will have to be processed through the courts if the deceased is the registered owner.
Both parties need to have a Thai Will, written in Thai as well as English(the Thai version prevails). The case that I refer to the deceased did not leave a Will, further complicating it.

The problem is here that the Thai heir rules are complex and to a Farang probably ridiculous! But there only has to be one person lodge a dispute and the case could be tied up in the Thai "system" for years, at great expense.
Do not ask me how I know!

[derek60]

Thanks for this. And I assume we would go through a solicitor to do a will. Any recommendations for choosing one?

[Nereus]

Thanks for this. And I assume we would go through a solicitor to do a will. Any recommendations for choosing one?

You could try: 061 949 5195 if in Hua Hin. He speaks good English.

[HHTel]

Nobody's mentioned it but a Holographic Will is valid in Thailand. Must be handwritten, dated and signed by the testator. Written in the testator's own hand, in his language (English is fine). No witnesses or lawyers required. You can lodge the will with the Tessabahn.

There are sample texts to be found on the net.

[Nereus]

Nobody's mentioned it but a Holographic Will is valid in Thailand. Must be handwritten, dated and signed by the testator. Written in the testator's own hand, in his language (English is fine). No witnesses or lawyers required. You can lodge the will with the Tessabahn.

There are sample texts to be found on the net.

Is that right? It must of changed then since my late Thai wife passed away, as the one that she left was not acceptable.

I believe that this has been discussed previously, and my view was, and still is, if doing that is the type of regard that you have for those left behind, you may be better off just ignoring the whole idea of a Will. Unless you have qualifications in Thai Law, just one word written incorrectly could change the complete intention of what you had in mind when you wrote it.
Also, again unless it has changed, the Thai legal system only accepts documents written in the Thai language.

[HHTel]

Thai law recognises several types of will:

1. The customary one made in writing and signed and dated in front of two witnesses.

2. Holographic will (as I've described)

3. A will made in a public document.

4. A will as a secret document.

5. An oral will (under quite specific conditions)

All described in detail at:

https://www.hg.org/legal-articles/how-t ... -will-7751

[HHTel]

From the Civil and Commercial Code:

Section 1657. Holographic Wills
A will may be made by a holographic document, that is to say the testator must write with his own hand the whole text of the document, the date and his signature.

No erasure, addition or other alteration in such will is valid unless made by the testator’s own hand and signed by him.

The provision of Section 9 of this Code shall not apply to a will made under this section.

I would imagine this has been law for quite some time. It certainly was back in 2005.

[Nereus]

My wife passed away in 1998, so I doubt that the law has been changed. I cannot exactly recall what the objection was, although as a Farang it is not hard to guess! I seem to recall something about registering the Will at the Amphur, which she had not done. Or it may have been because one of the step kids lodged an objection.
From your link:

" c. The third one is a will made in a public document. The testator will declare in the presence of two witnesses and the Kromakarn Amphoe the supposed content of his will. The latter shall note down the declaration of the testator and thereafter read this note before the latter and the witnesses. After ascertaining that the note is in consonance with the declaration, the testator and the witnesses shall sign the note. The Kromakarn Amphoe shall then affix his signature and seal in the note. The note shall thereafter be deemed as the will of the testator."

Despite what is written in your link, TIT and there are endless examples of how and by whom, the "law" is interpreted.

I stick by my experience and recommend that any Thai Will is drawn up by a Lawyer, if you can find one that knows, not some young girl on her first menstrual cycle. Have it drawn up in both Thai and English, then take it to a Thai and just ask them to read it to see if it is what you intended.

[HHTel]

You may have hit the nail on the head why it was rejected. A friend of mine died in 2005 and he'd made a holographic will. It was registered in a sealed envelope at the Amphur. His wife collected it taking along his death certificate. The executor and his wishes were in the hand written will and he executed it with no problems after a brief consultation with a lawyer.

The 'Public Document' does seem a little more involved. Here's what the Civil and Commercial Code says:

Section 1658. Will by Public Document
A will may be made by a public document, that is to say:

the testator must declare to the Kromakarn Amphoe* before at least two other persons as witness present at the same time what dispositions he wishes to be included in this will;
the Kromakarn Amphoe must note down such declaration of the testator and read it to the latter and to the witnesses;
the testator and the witnesses must sign their names after having ascertained that the statement noted down by the Kromakarn Amphoe corresponds with the declaration made by the testator;
the statement noted down by the Kromakarn Amphoe shall be dated and signed by such official who shall certify under his hand and seal that the will has been made in compliance with the foregoing Subsections 1 to 3.
No erasure, addition or other alternation in such will is valid unless signed by the testator, the witness and the Kromakarn Amphoe.

[* According to Section 40 of the Act on the Administrative Organization of the State, B.E. 2495, all powers and duties relating to the official service are determined by law to belong to Kromakarn Amphoe are vested in Nai Amphoe.]