Guest jomtiened Posted July 12, 2011 Posted July 12, 2011 I am looking for a trustworthy and reasonably priced Thai lawyer to make a simple will for my personal property and assets in Thailand. Any recommendations? Preferably located in Bangkok. Quote
Guest fountainhall Posted July 12, 2011 Posted July 12, 2011 I know some expats who did not know that Thai law requires a will made out in Thai for any assets here in Thailand. I required only a simple will and did it on-line. Quote
Bob Posted July 12, 2011 Posted July 12, 2011 I know some expats who did not know that Thai law requires a will made out in Thai for any assets here in Thailand. I required only a simple will and did it on-line. Technically, you don't, but it's a very good idea if you have any significant assets (furniture, bank accounts, car, etc.) within Thailand. And: (1) If you are either a Thai citizen or a foreigner, the Thai courts will honor a foreign Will if it was properly made in the jurisdiction (country or state) where you had it made. However, it's a major hassle to have that foreign will certified to Thailand and then you have to still probate the Will (another lengthy process with some significant cost). (2) If you are either a Thai citizen or a foreigner, it's wise to make a Will in Thailand solely to avoid certification of a foreign Will. But you still have to have the "Thai" Will probated (I've been quoted by lawyers here before that the cost is a minimum 50,000 baht and takes at least 6-8 months - but I'd guess the cost varies depending on where you live and have the Will probated). (3) If you are either a Thai citizen or a foreigner and don't have a will, a Thai statute controls who gets your stuff (not too dissimilar to intestate succession in any other country). But if your statutory heirs live in your home country (and they don't have a clue what you own in Thailand and/or have no desire or ability to mess with Thai lawyers to get it done, then you've still got a mess on your/their hands). In my personal opinion, if your Thai assets don't consist of much (let's say under 75,000 baht), I wouldn't bother making a Thai Will or even caring if the Thai probate process proceeds. The cost and hassle of doing all that likely exceeds the value of 75,000 (or even slightly more) baht worth of stuff. If, let's say, you only keep 10,000-30,000 baht in a bank account and you only have 40,000-50,000 of personal property assets in Thailand - and presuming you know who in Thailand (bf?) you want to get the money and property, I'd recommend just telling him/her to take the stuff after you croak and somehow leave your ATM number with a trusted friend so they can quickly exhaust the bank account. But if you have a car, condo, and/or any significant assets in Thailand, you're a bit nuts if you don't make a Thai Will to dispose of same. P.S. Thai law doesn't recognize the trust concept. If you have a pour-over Will and a Trust in you home country and you expect that this Will and Trust can be certified in Thailand to handle assets in Thailand, it won't (the Trust won't be recognized). Quote
Guest fountainhall Posted July 13, 2011 Posted July 13, 2011 . . . and then you have to still probate the Will (another lengthy process with some significant cost) This I had not heard before. Is it something that can be done before you shuffle off the mortal coil, or must it wait till you - as you nicely describe it - "croak"? Quote
Guest jomtiened Posted July 13, 2011 Posted July 13, 2011 This I had not heard before. Is it something that can be done before you shuffle off the mortal coil, or must it wait till you - as you nicely describe it - "croak"? Unfortunately, the previous poster is correct about the need for a will to go through probate in Thailand and, I am sure that the Administrator of your will must deal with this after your demise. Also, I expect that there will be some waiting period for the probate process. When I do eventually find a lawyer, I will report back here about the cost and timeline of Thai Probate. Quote
Guest fountainhall Posted July 13, 2011 Posted July 13, 2011 When I do eventually find a lawyer, I will report back here about the cost and timeline of Thai Probate. Many thanks. It will also be interesting to know the process required re probate. I know several people here who have had wills made on-line and I am told these are perfectly legal. But to have wills probated will presumably require a lawyer. If so, I imagine it is wise to have a copy of the will held by a lawyer and not just by friends. Quote
Bob Posted July 15, 2011 Posted July 15, 2011 I specifically asked the Chiangmai lawyer who drafted my Thai Will what the cost of probate would be and she indicated approximately 50,000 baht. Whether that's all inclusive of costs, hell if I know. You have to probate the Will just like you would have to do in any other country. The Will I had prepared was only drafted in Thai [they charge a little more to draft it in both Thai and English and, given she translated the Will to me prior to my signing it, I didn't see the need to have an English version (when I die, only Thais will read it anyway)]. I have a copy, the bf (and beneficiary) has one original and my Thai lawyer has the second original. By the way, if you're giving all of your Thai assets (bank accounts, furniture, or whatever) to someone and you would want them to also receive any after-acquired property (new bank accounts or whatever), make sure that your Will provides for that and then you won't have to draft a new Will if something substantially changes. Quote
