US Embassy Answer - Following a Thai Will

[Guest lvdkeyes]

Another thing you can do is to name your Thai BF as beneficiary on any accounts.

[Bob]

Generally speaking, lawyers who specialize in estate matters will tell you that it's a bad idea to start making originals and copies of your will

 

Frankly, that's an old wive's tale. Every Will, if drafted properly, is dated and contains the standard language that you are revoking all prior Wills. Take a look at your current Will and you'll see the language there (and it's usually in the first paragraph).

The most recent Will controls and I don't know of a single case where there was any argument about that whatsoever (other than when somebody attempts to argue that the drafter was incompetent when the later Will was made).

 

There's no need to go collect older Wills as they are revoked the moment you sign your new one; however,obviously it would be wise to make sure your executor and/or beneficiary know that you made a new one and know where it can be located.

 

I guess I never heard about anybody stashing Will originals and copies hither and yon. Usually, one has no more than 2 or 3 originals out there and then they are usually held by your lawyer, bene/executor, and yourself.

[Bob]

I have an additional question. If I have previously made a will in the United States, but since changed my mind about how I wish my assets in the US distriuted and now wish to leave them to my Thai bf, will my Thai will supercede my US will if dated later? And does anybody have any suggestions on how to handle the distribution of US assets to a Thai beneficiary?

 

Yes, a later Thai Will is effective to probate assets in the court of your state in the US - provided that your Will complies with the drafting requirements of your state (which is very likely - most states simply require 2 disinterested (non-beneficiary) witnesses. But, one must be careful to make sure that somebody in the US actually knows about the "Thai" Will (one can't probate what one doesn't know about). In the very unlikely occurrence of a Will contest, it could pose an logistics and expense problem to have the Thai witnesses testify but it still can be done (even by sworn deposition in Thailand). But Will contests are rare and, even when they occur, are rarely successful.

 

Presuming you're using a Will to transfer your US assets, distribution to your Thai beneficiary happens through the probate proceedings held in your home state. Your personal representative (executor) in the states would transfer the funds or property directly to your Thai beneficiary. Another alternative, of course, is to create a living trust and then to make sure you've transferred all your assets to that trust; then, when you die, your trustee will transfer the assets to your Thai beneficiary.

[Gaybutton]

Not long ago I had a conversation with Geezer about the idea of making joint accounts with a Thai boyfriend, assuming you can trust him to that extent. Geezer definitely trusts his boyfriend. I know his boyfriend and I can honestly say he is one of the very few people, Thai or not, who I would ever trust with a joint account.

 

The thing is, Geezer offered to do that, but the boyfriend rejected the idea. He said if his name is on the account, now he'll have to start paying taxes on it. I assume he knows what he's talking about.

 

You might want to contact Geezer for more details, but I wouldn't do it through this board. He hardly ever accesses it anymore because he says it takes forever for the board to load for him, so he almost never bothers. Besides, you're probably better off speaking to a Thai attorney about the financial implications for a Thai boyfriend if he has a joint account with you.

[kokopelli]

 

I guess I never heard about anybody stashing Will originals and copies hither and yon. Usually, one has no more than 2 or 3 originals out there and then they are usually held by your lawyer, bene/executor, and yourself.

 

Having more than one original is a good idea. As an Executor I have seen Wills disappear either by loss or by intention of ill-willed family members.