Buriram Expats
Buriram Province - General Category => General Discussion => Topic started by: iammike on February 18, 2016, 05:11:55 PM
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I want to make a last will and testament here in Thailand. (I already have one back in Europe listing the assets over there)
Some people told me that you just give a piece of paper to your local Amphur and that is it, we will of course go and ask but my question is does anyone have experience and know where to go and do this.
Thanks in advance.
M
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I want to make a last will and testament here in Thailand. (I already have one back in Europe listing the assets over there)
Some people told me that you just give a piece of paper to your local Amphur and that is it, we will of course go and ask but my question is does anyone have experience and know where to go and do this.
Thanks in advance.
M
Get in touch with Nick, from Thai Widows and Expats. He will sort this for you no problem.
Damned if I can find a link at the moment, but do have a phone number if you want to PM me.
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Thai Widows & Expats, in conjunction with our lawyer, have prepared many wills for the expat community in the Buriram and Surin areas.
A Thai only will is recommended for Thai assets, whilst a worldwide will should be prepared for anything not in Thailand.
We will be happy to provide advice to iammike and anyone else thinking about making a will, either for themselves, or for their wives
Please contact us through this forum or at Thaiwidowsandexpats@gmail,com
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Thanks Guys for responding so quickly, really appreciated.
@ThaiWidowsandExpats.
Instead of me asking this via PM or email, could you please explain the process and what to do, what to prepare ?
My Will will be easy, all assets (mainly several bank accounts) are for my Wife, but the only "tricky" bit would maybe be the instructions as to what to do if I am seriously injured etc
Thanks again
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good question and reply's Mr iammike. this has been on my mind also :)
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Looking forward to the response as well.
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I had wills made up by Mam - Solicitor at Korat Legal. Speaks perfect english (married to canadian) and explains everything to you in detail. Wills are obviously in Thai but under each paragraph was the English version/Translation. If you need the number I am happy to provide.
regards
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Drawing up a Will is simple and generally straightforward.
It is necessary to determine who will receive your assets (ie money, vehicles property, etc) and who you will appoint as Executor (the person who will look after your financial affairs after death). We normally recommend this be your Thai wife/partner of trusted Thai friend. Invariably a lawyer will have to be appointed to obtain court documents allowing the executor to access your assets
Assets do not need to be specifically listed, unless some special item is to be given to someone other than the main beneficiary.
Your Will will usually identify your funeral arrangements (cremation, burial and any particular requirements, such as no flowers, charitable donations. repatriation of body and disposal of ashes)
The Will is drawn up in Thai script, from an English draft, signed and witnessed after which it becomes a legal document.
The Will drafter only requires names and addresses of those persons named in the Will, in English and Thai and the information shown above re assets and funerals
A Will only deals with matters AFTER DEATH
Iammike asked about what happens in the event of his beIng seriously injured. This is something to discuss with wife/partner, but normally you would receive treatment in a hospital, public or private dependent on ones financial means.
We do however provide a LIVING WILL, as a free addition to a normal Will. The Living Will is a broad legal instruction to doctors/hospitals not to artificially keep you alive when there is deemed to be no chance of recovery, or your being in a vegetative state and unable to pursue a normal life. Whether to sign or not is of course optional.
Finally Wayne mentioned that his Will, drawn up in Thai has the English translation shown under each paragraph. Some lawyers do this, others frown on it. We prefer to keep the Will as simple as possible, with everything just in Thai script. A full English translation is provided, but with a dual language Will the English translation serves no purpose to either a Thai lawyer or the court.
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Thanks Guys !!
In the mean time I have found this, maybe it helps someone
PDF with an example of a Living Will (courtesy of the Pattaya Expats Club)
http://www.pattayacityexpatsclub.com/expats/docs/living%20will%20form.pdf
And these as an example for a will
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So if I have a will from the USA that is quite detailed, could this be translated to Thai and be considered a "Thai will" or should the simple will in Thai referring to the USA will be the best way to go? Most of my assets are in USA, and one small property in Thailand which would go to the wife.
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So if I have a will from the USA that is quite detailed, could this be translated to Thai and be considered a "Thai will" or should the simple will in Thai referring to the USA will be the best way to go? Most of my assets are in USA, and one small property in Thailand which would go to the wife.
I would always recommend a separate Will for each country - especially when Thailand is one of them.
Getting an overseas Will proved in Thailand could be a nightmare.
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So if I have a will from the USA that is quite detailed, could this be translated to Thai and be considered a "Thai will" or should the simple will in Thai referring to the USA will be the best way to go? Most of my assets are in USA, and one small property in Thailand which would go to the wife.
Are you sure you actually own a property in Thailand? It may be held in a Company name, but unlikly to be in your name unless you have Thai citizenship.
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Condo in my name.
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So if I have a will from the USA that is quite detailed, could this be translated to Thai and be considered a "Thai will" or should the simple will in Thai referring to the USA will be the best way to go? Most of my assets are in USA, and one small property in Thailand which would go to the wife.
I would always recommend a separate Will for each country - especially when Thailand is one of them.
Getting an overseas Will proved in Thailand could be a nightmare.
+1.
I have a will back in Europe with my wife as the sole beneficiary, but it can take a while before she can access my accounts there or that the money is transferred to her account here in Thailand. (I have heard "horror" stories of 6+ months waiting for the money to arrive.)
All I have in Thailand are Bank accounts, the houses, cars, motobikes are already in my wife's name, and those accounts are not covered in my European Will.
@ThaiWidowsandExpats
What are the costs involved in making a will and a Living Will ?
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Condo in my name.
Had overlooked condo's
To transfer ownership of a condo would require court documents. A simple Thai Will at the outset, with your wife shown as executor, is far better and quicker than going through the rigmarole of translating a universal will and having to show documentation for any foreign executor, with translations etc etc.. Note also there is only one universal will, and therefore assets in different countries could only be dealt with separaetly as each country would require the original will.
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I have a will back in Europe with my wife as the sole beneficiary, but it can take a while before she can access my accounts there or that the money is transferred to her account here in Thailand. (I have heard "horror" stories of 6+ months waiting for the money to arrive.)
All I have in Thailand are Bank accounts, the houses, cars, motobikes are already in my wife's name, and those accounts are not covered in my European Will.
@ThaiWidowsandExpats
What are the costs involved in making a will and a Living Will ?
Our fee for preparing a straightforward Thai Will is 3,000baht. This includes a Living Will plus a face to face meeting and general advice on accessing money and to ensure everything is included.
There are situations where children with former partners need to receive benefit, and such matters will be discussed and advice given.
It may be (as in a recent case) that after death you do not want your wife to receive all your cash assets at one time and rather drip-feed these over a period of years. In this case it was done, because the deceased realised when making his will, that all the wife's extended family would be along with their hands out, and the wife would duly provide.
Consideration also needs to be given to the possibility of both the testator and the beneficiary dying at the same time (ie accident). Where then do the assets go?
Where someone is quite happy to prepare their own Will, and understands the possible pitfalls, then by all means go ahead and use one of the templates shown above or similar readily available from the internet.
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Hi Nick,
Just to clarify please:-
If I have a will in the UK covering UK assets only and a will on Thailand covering covering Thai assets ........is this the way to go?
My thinking is that I would appoint a Solicitors in the UK and that my wife here would contact them providing a translated death certificate should the worst occur.
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@ThaiWidowsandExpats
Thanks for the clarification.
My will will be very straightforward, sole beneficiary my wife but in case if we both die at the same time I have to think about that. My wife will also make a will the same time.
Where are you located ?
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@ThaiWidowsandExpats
Thanks for the clarification.
My will will be very straightforward, sole beneficiary my wife but in case if we both die at the same time I have to think about that. My wife will also make a will the same time.
Where are you located ?
We operate from Prakhonchai, but would be happy to meet up with you in the Buriram area.
Thaiwidowsandexpats@gmail.com.
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Hi Nick,
Just to clarify please:-
If I have a will in the UK covering UK assets only and a will on Thailand covering covering Thai assets ........is this the way to go?
My thinking is that I would appoint a Solicitors in the UK and that my wife here would contact them providing a translated death certificate should the worst occur.
Yes Freddy -that is the correct way.
Your wife would need to provide the original death certificate and a translation certified or notarised, to either the UK executor (if there is one) or an appointed solicitor to act on her behalf. The solicitor would need details of all your UK assets which need to be shown on the probate application, and will also be considered by HMRC for possible tax payments. She will also most likely be asked to provide translated ID documents
Without a Thai Will, you will be deemed to have died intestate, and under the Thai laws of intestacy up to 50% of your assets could well legally find themselves in the hands of any UK family you may have, and not your wife. A Thai Will will ensure your Thai assets go where you want.
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Thanks Nick,
Will be in touch at some point to sort out the Thai end of things.
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Thanks Nick,
Will be in touch at some point to sort out the Thai end of things.
+1. I will be in touch with you somewhere next week.
Ps: We are in the Krasang Area.
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Thanks Nick,
Will be in touch at some point to sort out the Thai end of things.
+1. I will be in touch with you somewhere next week.
Ps: We are in the Krasang Area.
Krasang is fine.
Both proprietors of Thai Widows & Expats will be enjoying a break in Malaysia next week, but will be happy to arrange something from 29th February on.
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Just a note for those viewing these posts. I've used Nick to organise/provide my truck insurance for the psatb2 years. I've been very happy with the service. Fast and efficient with all queries/questions answered. And no, I'm not on commission but can vouch that I've had experience of Nicks company services.
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@ThaiWidowsandExpats.
I have 2 more questions if I may ?
What happens after we draft the will ? Where does the will gets "registered" or how does that work ?
And final question, suppose I die, what does the wife needs to do (after receiving the death certificate) ?
Thanks again, really appreciated.
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@ThaiWidowsandExpats.
I have 2 more questions if I may ?
What happens after we draft the will ? Where does the will gets "registered" or how does that work ?
And final question, suppose I die, what does the wife needs to do (after receiving the death certificate) ?
Thanks again, really appreciated.
A Will does not need to be registered. it just need to be produced after death. You will keep the signed Will, which can be kept at home with passports, bank books etc, perhaps in a safe or locked drawer at home or a safe deposit box at the bank
After death, your wife initially needs to see whether there are any specific wishes regarding your funeral. Once the funeral is over, she would need to realise your assets. This would most likely require the services of a lawyer, although very nominal amounts of cash can usually be withdrawn from banks without court papers. Your wife (or other executor) would also need to secure any widows pensions from your former employer(s) and possible insurance payouts, which if show her as a beneficiary, do not form part of your estate.
Some wives are quite capable of dealing with these matters alone, but Thai Widows & Expats can take care of all matters on behalf of the widow, including (at least at present) of obtaining DWP Bereavement benefits for both the widow and any children under 18/19 still in secondary education. We have already assisted 19 Thai widows during the past 5 years. Our fees for providing this service are generally substantially lower than those of lawyers and solicitors.
As Freddy said above (and thank you Freddy for your kind words) we can also provide a full range of insurances (motor, health, travel and home) as well as arranging new and renewal UK passports without the need to travel to Bangkok twice, as well as providing a UK visa service for thai wives and girlfriends.
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@ThaiWidowsandExpats
Thank you for your clarification, this makes it very clear.
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@ThaiWidowsandExpats.
I have 2 more questions if I may ?
What happens after we draft the will ? Where does the will gets "registered" or how does that work ?
And final question, suppose I die, what does the wife needs to do (after receiving the death certificate) ?
Thanks again, really appreciated.
A Will does not need to be registered. it just need to be produced after death. You will keep the signed Will, which can be kept at home with passports, bank books etc, perhaps in a safe or locked drawer at home or a safe deposit box at the bank
After death, your wife initially needs to see whether there are any specific wishes regarding your funeral. Once the funeral is over, she would need to realise your assets. This would most likely require the services of a lawyer, although very nominal amounts of cash can usually be withdrawn from banks without court papers. Your wife (or other executor) would also need to secure any widows pensions from your former employer(s) and possible insurance payouts, which if show her as a beneficiary, do not form part of your estate.
Some wives are quite capable of dealing with these matters alone, but Thai Widows & Expats can take care of all matters on behalf of the widow, including (at least at present) of obtaining DWP Bereavement benefits for both the widow and any children under 18/19 still in secondary education. We have already assisted 19 Thai widows during the past 5 years. Our fees for providing this service are generally substantially lower than those of lawyers and solicitors.
As Freddy said above (and thank you Freddy for your kind words) we can also provide a full range of insurances (motor, health, travel and home) as well as arranging new and renewal UK passports without the need to travel to Bangkok twice, as well as providing a UK visa service for thai wives and girlfriends.
Are you also familiar with helping a widow with US benefits like social security?
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Are you also familiar with helping a widow with US benefits like social security?
We have assisted one US widow.
Social security for Thai widows of US citizens is complex. Generally they will have had to have lived in the US for a given period of time (usually 5 years) to be entitled to benefit. There are I believe a number of exceptions, and we would need to be in possession of all the facts before we could indicate whether we could assist. Happy to meet and discuss with the widow.
Please note that with all "widows", a legally registered marriage must have taken place. A village type marriage ceremony is not regarded as legally married. Unfortunately a few widows have thought they were married, but in fact were not. They would only benefit if there were a Will in which they were left something.
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Are you also familiar with helping a widow with US benefits like social security?
We have assisted one US widow.
Social security for Thai widows of US citizens is complex. Generally they will have had to have lived in the US for a given period of time (usually 5 years) to be entitled to benefit. There are I believe a number of exceptions, and we would need to be in possession of all the facts before we could indicate whether we could assist. Happy to meet and discuss with the widow.
Please note that with all "widows", a legally registered marriage must have taken place. A village type marriage ceremony is not regarded as legally married. Unfortunately a few widows have thought they were married, but in fact were not. They would only benefit if there were a Will in which they were left something.
Thanks for your quick reply.
She lived in the US for over a decade and obtained US citizenship, so eligibility won't be a problem Both our children were born in the US before moving here, so they're covered as well. We were legally married in a US jurisdiction.
My concern is that I've always handled all the financial issues, so when the day comes (hopefully a long way off) it could be difficult for her to sort out. I'd like to know there are resources she can call on for help.
We have US wills, but should probably talk to you about adding Thai wills. You mentioned you're in Prakhon Chai area. We live in that district near Pranom Rung, so perhaps we can get together to discuss.
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Thanks for your quick reply.
She lived in the US for over a decade and obtained US citizenship, so eligibility won't be a problem Both our children were born in the US before moving here, so they're covered as well. We were legally married in a US jurisdiction.
My concern is that I've always handled all the financial issues, so when the day comes (hopefully a long way off) it could be difficult for her to sort out. I'd like to know there are resources she can call on for help.
We have US wills, but should probably talk to you about adding Thai wills. You mentioned you're in Prakhon Chai area. We live in that district near Pranom Rung, so perhaps we can get together to discuss.
Have sent you a PM KhunG
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Thanks Nick,
Will be in touch at some point to sort out the Thai end of things.
+1. I will be in touch with you somewhere next week.
Ps: We are in the Krasang Area.
+1 Thanks for all the advise, we will be contacting you for a couple of wills.
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For a U.S. Citizen there is a helpful web page outlining consular services after death:
http://bangkok.usembassy.gov/service/death-of-a-us-citizen.html
I pre-filled out the "Consular Report of Death of an American Citizen Abroad"
(leaving the date and place of death blank) to make sure that there is an acceptable equivalent to a death certificate that will be accepted in the U.S. I have confirmed with my financial institutions that this form, once executed, would be accepted in lieu of a U.S. death certificate.
Social Security is handled in the Philippines - but a U.S. Citizen spouse can obtain some assistance through the consulate. A current U.S. permanent resident spouse can obtain some assistance, but a former permanent resident (e.g. someone claiming based on 5-years of permanent residence) may or may not receive consular services.
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Does anyone know if you can obtain multiple certified copies of the death certificate here in Thailand, so one copy could be used here whilst others could be sent to the UK to inform pension providers (where a survivors pension is due to the widow) and also secure probate (if required) and release funds from financial institutions, thereby expediting the process to allow the beneficieries to be sorted out in the shortest time frame?
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Does anyone know if you can obtain multiple certified copies of the death certificate here in Thailand, so one copy could be used here whilst others could be sent to the UK to inform pension providers (where a survivors pension is due to the widow) and also secure probate (if required) and release funds from financial institutions, thereby expediting the process to allow the beneficieries to be sorted out in the shortest time frame?
Four of the widows we have assisted here in Thailand have managed to obtain multiple certified copies of the death certificate from the Amphur.
Before sending off to the UK, or other countries, it is necessary to have them translated and either certified or notarised, depending on the requirements of the overseas financial institution. In some cases notarisation has to be done by the Embassy.
The only exception is the UK Pension Service (DWP), who ignore any translations submitted with a bereavement benefit claim, and arrange their own translations
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Does anyone know if you can obtain multiple certified copies of the death certificate here in Thailand, so one copy could be used here whilst others could be sent to the UK to inform pension providers (where a survivors pension is due to the widow) and also secure probate (if required) and release funds from financial institutions, thereby expediting the process to allow the beneficieries to be sorted out in the shortest time frame?
Four of the widows we have assisted here in Thailand have managed to obtain multiple certified copies of the death certificate from the Amphur.
Before sending off to the UK, or other countries, it is necessary to have them translated and either certified or notarised, depending on the requirements of the overseas financial institution. In some cases notarisation has to be done by the Embassy.
The only exception is the UK Pension Service (DWP), who ignore any translations submitted with a bereavement benefit claim, and arrange their own translations
OK Thanks for the info
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Having just returned from a week away in Malaysia, Thai Widows & Expats are more than ready and available to meet and assist Freddy and iammike with production of their wills
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Having just returned from a week away in Malaysia, Thai Widows & Expats are more than ready and available to meet and assist Freddy and iammike with production of their wills
Hi,
I will contact you for sure as we (both) want this done, but please be patient as a lot of things have happened here and we need to deal with that first.
Thanks
Mike
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We just completed our Thai wills using ThaiWidowsandExpats services. They were very professional, and very helpful in aiding me to understand how to set up something for our underage children in the absence of Trusts under Thai law. I definitely recommend their service.
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We just completed our Thai wills using ThaiWidowsandExpats services. They were very professional, and very helpful in aiding me to understand how to set up something for our underage children in the absence of Trusts under Thai law. I definitely recommend their service.
Many thanks for your kind words KhunG. It was a pleasure meeting you and your wife and assisting you both.