Making a Thai Will

[Gaybutton]

Common pitfalls when making a Thai will

By Jessataporn Bunnag

January 14, 2024

Expats know, or should know, that making a Thai will is good practice and will ease your passing at any rate for those named as beneficiaries. We still see poorly drawn up wills which, for example, name two independent witnesses as beneficiaries or contain ambiguous wording or even omit the signature of the testator. Of course, the Thai court will acknowledge only a will in the Thai language, though it is common practice these days for an English translation to be included. But it is only the Thai version which can be assessed for probate.

Photocopies of originals of relevant documents should be attached to the will. This may include house or condo ownership proof, the ID page of Thai bank accounts, registration papers of vehicles etc. For smaller items such as jewelry or house furniture and contents it may be useful to include a statement such “and all other items belonging to me and not mentioned above”, of course making clear who gets what. If the testator has assets in more than one country, it is highly desirable to make a separate will(s) for each jurisdiction.

The executor, Thai or foreigner, must appear in person before the Thai judge assessing probate and may be asked questions about the deceased, such as the family tree. Normally in Thailand, the bulk of the assets will be inherited by next of kin or nearest and dearest. The will needs to spell out the reasoning if, for example, a son or daughter is excluded. In a recent case, a foreigner in his will did exclude his son, but attached paperwork to show that the younger man had received a large cash sum to open a business two years previously and had accepted this was his share of the inheritance.

If there is still a problem, the probate judge may well invite the disputants to settle the issues but will make a unilateral decision if necessary. In serious cases, the probate will be reviewed by the appeal court (in Rayong for Pattaya area cases) and can only be referred to the supreme court in Bangkok if the appeal judges so agree. Appeals can be both expensive and time consuming, hence the all importance of writing a will in the first place which will stand close scrutiny. In summary, it’s best to remember that comprehensive and unambiguous documentation is the key to smooth passing in the world of wills.

Jessataporn Bunnag, attorney at law, has offices in Pattaya and may be reached on 0875133333 or [email protected]

https://www.pattayamail.com/latestnews/ ... ill-449916

[Dodger]

I downloaded and prepared my own Will a few years ago following requirements for Wills in Thailand which are readily available on-line. When completed I had Jai write a Thai version using the English version I had created. I then took both Wills (Thai & English versions) to a lawyer...had them reviewed for completeness and accuracy...and then had them signed by two witnesses and notarized. Note, that having a Will notarized is not required in Thai law but I did it anyway.

Important: If you want your Thai partner to handle your funeral arrangements be sure to state this clearly in your Will. Mine was simple as follows: "In the event of my death the executor of this Will, who also serves as the sole heir, will manage any/all funeral arrangements as he deems appropriate".

The final task was to make copies of all relevant documentation, e.g., condo chanotes, vehicle ownership docs, bank accounts, passport (mine), I.D. (his), etc. and attach them to the Will(s).

I also typed simple instructions for Jai to follow to make the process as easy as possible, including the contact details for the law office who will handle the probate process for him.

Probate in Thailand can take anywhere from 30 - 120 days depending on the courts work-load.

My Will was very simple and straightforward because it only covered Thailand - as I have a separate Will for assets in the U.S. - and all of my assets here in Thailand will go to one person. So it's as simple as it gets.

This sounds like more work than it actually was - and gives me great peace-of-mind knowing that my partner won't have this mess to worry about.

[Daleinpattaya]

I used the Australian owned law firm of Thai888 in View Talay 5… I was very pleased with the process, and the peace of mind issue was, of course, most important … I felt the cost was quite reasonable, although somewhat more than if I had done it myself … quite frankly, I trusted them in this regard more than I trusted myself.

[Gaybutton]

I felt the cost was quite reasonable

Don't keep us in suspense. How much does it cost?

[Dodger]

The price to have a Thai lawyer create a Will for you seems to average around 7,000 baht for both Thai and English versions.

This would be the recommended way to go.

If you feel compelled to create a Will for Dream Boy that you just pulled off a gogo stage I'd avoid lounging around the balcony...

[Jun]

If you feel compelled to create a Will for Dream Boy that you just pulled off a gogo stage I'd avoid lounging around the balcony...

I'm glad you mentioned what I was thinking, so I don't have to.......

[Gaybutton]

Actually, over the years I have never seen any news items about a Thai boy killing his benefactor to collect the money.
What I have seen, several times, is a farang leaves a huge amount of money to his bar boy boyfriend - more than enough to support him for many years, possibly the rest of his life. But the boy goes on a spending spree and within a year or two he's right back working in the bar - and now he's broke.

If you really want to leave a lot of money to a boy, it might be best to set it up so that he gets a monthly allowance until the money runs out rather than letting him get in all in one lump sum.

[Dodger]

Actually, over the years I have never seen any news items about a Thai boy killing his benefactor to collect the money.

Me either, but there's been hoards of farang who have fallen off their balconies accidentally. Must be those slippery tiles???

[Dodger]

Actually, over the years I have never seen any news items about a Thai boy killing his benefactor to collect the money.

Me either, but there's been hordes of farang who have fallen off their balconies accidentally. Must be those slippery tiles???

[Gaybutton]

there's been hordes of farang who have fallen off their balconies accidentally. Must be those slippery tiles???

Some have been suicides. A few may have been murders. But most have been drunken farang holiday makers falling to their death of their hotel balcony. There seems to be at least one such incident virtually every week.

I used to refer to them as "flying farang" until I started getting complaints that using that term is in poor taste, so I don't use that term anymore.