Wills in Thailand

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sasjim Member

Member since 06 May 2022

sasjimMember06 May 2022 15:15:32

My husband and I, have owned our home, here in Hua Hin for 12 years. The land is owned by the project owner.

We have been advised to draw up Thai wills. Our Australian wills, leave our estate to each other on our deaths and then equally to our two daughters. Has anyone had similar dealings here in Hua Hin and would recommend a lawyer to assist us, please.

Thanks Sandra

thailand4me Serial expat

Member since 28 January 2015

thailand4meSerial expat07 May 2022 01:24:33

435

That’s a Great question we also have similar situation we have owned our condo in Nonthaburi for 12 years too. We don’t want to leave ours to the family, my wife’s family because they all have to much money already. We instead would like to leave it to our Thai friends who have 2 kids and live in a studio. They help & take care of us now. We travel together, we are just like family. We would like them to provide care for us when we get older and we want to stay in our 3 bedroom condo till we both pass away then have the condo automatically become there home. With cash & other proceeds to be there’s also. But how can we find a honest lawyer to draw up a will. We are both in our 70’s and still healthy. Patrick

JacktheLawyer Active member

Member since 22 February 2022

JacktheLawyerActive member07 May 2022 02:38:01

@sasjim You need a Thai lawyer for a Thai will. You should always have a lawyer from the jurisdiction you're in do your will, or at least the jurisdiction most of your assets are in.

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KrabiMan Member

Member since 31 January 2015

KrabiManMember07 May 2022 02:49:04

Wills in Thailand are pretty straightforward. Our law firm has written hundreds for foreigners over the years.

You can have a separate will for your properties in your home country and a will for your Thai assets only. You should name an Executor that speaks Thai and can deal with the paperwork needed to esecute the will as most overseas family and friends may find it difficult to wade through the unfamiliar Thai bureacracy

JacktheLawyer Active member

Member since 22 February 2022

JacktheLawyerActive member07 May 2022 03:57:35

I have a law firm here as well, and I agree with everything the previous comment said. They're not nearly as formalized and ritualized as they are in the US, for example (which is kind of ironic, considering the ritualization of everything else in Thailand...)

But Krabiman is 100% right. And definitely pick a local executor! It's a shi* job and you should probably treat that person to a dinner while you're all still alive! But yes. Find a good friend.

Something You might want to consider is to put as much of your assets into trusts that go around the will and directly to the beneficiaries. This way, the executor does not have such a mammoth job, but more importantly, the beneficiaries get your assets immediately upon producing your death certificate instead of having to wait through the process of probate.

The only other consideration would be to make sure the firm has bilingual capacity. The Thai lawyer that does the will need not necessarily speak English fluently, but it should be a capacity of the firm itself.

You have significant assets, you should really put as much as you can outside of probate. This is true in North America, Europe, Asia, everywhere

sasjim Member

Member since 06 May 2022

sasjimMember07 May 2022 14:12:23

Thank you for your replies. There is a Swiss lawyer here in Hua Hin, who speaks German, English and Thai. This seems to suitable for the bilingual requirement, as suggested.

Thank you to Jackthelawyer, who refers to a link to his firm in Bangkok, to enable him to recommend someone here. Sorry Jack, I couldn’t find the link.

Is it difficult to set up the trusts? Seems suitable for our assets in Thailand - which include our home( not including the land), our motor car and two bank accounts.

Thanks again for your replies

Sandra

kschindl Active member

Member since 13 May 2014

kschindlActive member16 May 2022 00:40:59

@sasjim a couple month i did setup a last will with my thai partner as beneficiary.

Since i also have assets in Switzerland I needed a law office which is also accepted by the Swiss embassy. I got a list from the embassy.

The last will is written in English and I was told that this would be also accepted by a Thai court. The will is written in regard to the Thai law and Swiss law.

I also authorized the law office to be the executor in conjunction with the Thai court.

Ricdan Member

Member since 13 May 2022

RicdanMember16 May 2022 03:44:31

Hello, My case is different. I am married in Belgium with my wife who is Thai. I adopted his daughter as well. Both have Belgian identity cards and are my heiress according to Belgian law.

Rob_Coldrick Member

Member since 12 January 2020

Rob_ColdrickMember16 May 2022 06:31:25

@JacktheLawyer

Hi, please can you send me a link to your business, or an email address, I will need to draw up a will when in thailand again towards the end of the year. Thanks

Can a beneficiary also be the executor please?

Can the will ONLY refer to assets in thailand, as I do not want to include assets in the UK, as they will be covered by a separate UK will ( which has no reference to thai assets)

Thanks in advance

Rob

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