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William · 04-04-2008, 05:37 PM

and "residence" doesn't need to mean where you are physically located. For example, on a visa run to Loa you are not a resident of Loa

The Gentleman Scamp · 05-04-2008, 02:15 PM

I have been looking for a will template as a guideline to write my will here and now, print it out then get it signed by two witnesses that are not benny fisheries*.

Unfortunately, Google has many that claim to be free downloads but in fact they are all peppered with 'Add to cart' and '$29.99' and all that bullshit.

Can anyone assist?

* Spellcheck.

bkkmadness · 05-04-2008, 03:09 PM

"In the event of my death, I leave it all to Sandra.

The Gentlemen Scamp"

Print and sign at your convenience.

And here you go, u must be able to find something here.

last will and testament free templates - Google Search

The Gentleman Scamp · 05-04-2008, 05:02 PM

Thanks Maddie but Jesus foking Christ, I downloaded it and all it is is pages and pages of Jargon from AXA Equity and Life trying to part elderny Brits with their money.

Is there an example will I can just edit to my own erm.. bits.

bkkmadness · 05-04-2008, 05:32 PM

How about this?

epoq : wills service

The Gentleman Scamp · 05-04-2008, 06:04 PM

Have a green and 10% of my estate.

bkkmadness · 05-04-2008, 06:26 PM

Google is your friend Scamp.

The Gentleman Scamp · 05-04-2008, 06:45 PM

I The Gentleman Scamp hereby state that when I die I want the following people contacted and the following people taken care of.

Sandra

My friend Val in Scotland

My brother Nigel if he needs it, (can't make much being a foking priest in HK with three kids).

I want my body cremated and scattered in a politicians face.

If this isn't formal enough and doesn't have the correct poncy jargon then stick it up your arse.

Signed, blood dropped and witnessed by two close friends.

The Gentleman Scamp · 05-04-2008, 06:47 PM

bkkmadness can have my kettle.

bkkmadness · 05-04-2008, 06:51 PM

Quote:

My brother Nigel if he needs it, (being a foking priest in HK with three kids).

3 kids is enough to last a foking priest for a while isn't it?

And why I have got stiffed on the deal? One minute it's 10% of the English estate, and now a poxy kettle, and god knows what's been in there.

The Gentleman Scamp · 05-04-2008, 06:58 PM

Quote:

3 kids is enough to last a foking priest for a while isn't it?

That's redworthy mate, he's still my brother even if he's a godbotherer - i'll let you off this once.

bkkmadness · 05-04-2008, 07:13 PM

Sorry Scamp, didn't know he was your real brother I just thought he was part of the crew my nigga.

Actually I did kind of guess he was, but wanted to use the line. I will accept the red like a man.

The Gentleman Scamp · 05-04-2008, 07:50 PM

You have been pardoned... run along now.

tsicar · 06-04-2008, 02:28 PM

Now, immediately you should be noticing one startling exception to the list of 6 - your loved one (i.e. husband/wife)! The fact is, your spouse is a statutory heir, but as class 7! In other words, if any member of class 1-6 is surviving, spouse only gets a proportionate share:

1. at the same % share as each surviving child
2. 50%
3. 50%
4. 75%
5. 75%
6. 75%

ONLY if NO class 1-6 heir exists, will the spouse get 100% of the estate- so those of you with assets in your wife's names, without a will, better start putting pen to paper as you read this. YOU HAVE BEEN WARNED

this is very interesting, and i do not dispute the information or the source, but i have been advised differently by three different legal entities (thai attorneys) and they seem to be of the opinion that:
the spouse is entitled to the first 50%
the remaining 50 percent is then split between the children, the mother and the spouse again , so in my case, 50percent for me, 12.5percent for each of my two children, 12.5 percent to her mother and another 12.5 percent to me, totalling 62.5percent for the spouse.
we will be going to court on these grounds, since the father laid claim to the land and managed to get her land transferred to his name under false pretences after her death.
i am told by all the thais that i speak to that the asset split happens in this way.i.e. this is the way it happens in thailand.
can anybody please clear up the confusion?

William · 06-04-2008, 02:38 PM

^it's possible. Dying without a will means the division of the assets is subject to the court's discretion. Usually this means that a blood relative, of which a child is the highest order, has a stronger call than a non-blood relative - such as a spouse. This is even more so if the marriage has not been registered at the amphur.

The above split you quote is as prescribed by the Civil and Commercial Code, but again it is subject to court discretion, so should not be taken as outright correct. It is one of the dangers of dying without a will that your assets will be subject to court discretion - and my experience of this in Thailand is that this can mean almost anything. Hence the need to ensure it doesn't happen to you.

Unfortunately most of us believe we will have sufficient time to put our affairs in order before we die, so put the thing off. Experience has shown me that this is rarely the case.

tsicar · 07-04-2008, 09:44 AM

Quote:

Originally Posted by William

^it's possible. Dying without a will means the division of the assets is subject to the court's discretion. Usually this means that a blood relative, of which a child is the highest order, has a stronger call than a non-blood relative - such as a spouse. This is even more so if the marriage has not been registered at the amphur.

The above split you quote is as prescribed by the Civil and Commercial Code, but again it is subject to court discretion, so should not be taken as outright correct. It is one of the dangers of dying without a will that your assets will be subject to court discretion - and my experience of this in Thailand is that this can mean almost anything. Hence the need to ensure it doesn't happen to you.

and would the court decision be swayed if the father of the deceased had had himself appointed executor of the estate, then made a fraudulent claim, stating that he was the sole heir, that the deceased had no spouse, nor any children, and had the land transferred into his name after her death?
he seems to think he has sole right to the land since he had signed it over into her name about fifteen years ago, so that justifies his actions.
it looks like i will have to go to court on this one, and i dont want to be paying for the lawyer's new car if i am backing a loser. i am not interested in making a claim for my share, but i do insist that the land is transferred into my (the deceased's) children's names.
the lawyer assures me that a marriage certificate from ANY country is valid in thailand, whether it was registered in the amphoe or not.
i have a certified translation of the original south african certificate, and he seems to be happy with that.
sorry to be a pain in the butt, but i do not want to be setting myself up to be taken for a ride by the lawyer as well............

xpat · 23-05-2008, 11:03 AM

After inquiring about obtaining a POA for me to represent my 89yr old father at the US consulate for sworn affidavit of pension for my 89 yr old father who is under my care and at this point, he is barely able to walk, they sent me a list of local Chiang Mai attorneys and i contacted one that I was familiar with and their fee for that simple doccument was 2kbaht. I then asked for their fee for drawing up a simple will naming me as my father's beneficiary of his two Thai bank accounts [currently amounting to 500kbaht].....one page of 'boiler plate' [standard fill in the empty spaces doccument] and they wanted 8kbaht.

Leading me to ask the following questions....

1] what are the standard attorney fees for these simple doccuments?? POA & will

2] can I DIY [do it myself by typing up the forms and getting three witnesses to sign?? Legally??

3] it was [just casually] mentioned that the POA would be useful for one transaction only and would have to be drawn up on a yearly basis to satisfy
Thai immigration requirements for retirement visa. Is this true??

4] and would Eglish only suffice for these doccuments??

any competent or experienced advise would be greatly appreciated as I feel that attorneys here in LOS are 'sharks' like their counterparts in America.

Thanks in advance.....

Khun Custard · 23-05-2008, 02:25 PM

Great thread William!

BUT Will or no Will , if Tilak dies before you - the land and house you paid for in her name can never be yours by Thai law - right??
What's your thoughts on clauses in Wills to protect non Thai benefactors - liquidation of all property assets on death?

Seems that the Falang might get caught in the middle and the kids or the inlaws might be the landlord??

Be nice to your inlaws and kids!!

Lorenzo · 23-05-2008, 02:57 PM

I was advised, by a Thai lawyer, to keep minimal assets in Thailand. I am following this advice.

William · 23-05-2008, 11:01 PM

My answers are in bold below

Leading me to ask the following questions....

1] what are the standard attorney fees for these simple doccuments?? POA & will

The charges you were quoted were very cheap. For the will alone I would probably have charged in the region of 30K - and that's assuming it was not difficult.

2] can I DIY [do it myself by typing up the forms and getting three witnesses to sign?? Legally??

Ordinarily I would say yes, but Thai law has a few technical issues; so I would be reluctant to suggest you do this. Nothing to do with lost fees

3] it was [just casually] mentioned that the POA would be useful for one transaction only and would have to be drawn up on a yearly basis to satisfy
Thai immigration requirements for retirement visa. Is this true??

True to a degree. It all rather depends on what the POA states. More to the point is that a POA can be revoked at any time. Under Thai law, a POA is seen more in the realm of an agent/principal relationship. I think that is the reason why you were advised as you were.

4] and would Eglish only suffice for these doccuments??

Yes and no. English is fine, but in the case of a will it's inventive that you will need to involve Thai authorities, so best to have a Thai translation of an English deed/agreement.

any competent or experienced advise would be greatly appreciated as I feel that attorneys here in LOS are 'sharks' like their counterparts in America.

I make no comment as to the 'sharks'
Thanks in advance.....[/quote]

23-05-2008, 11:03 AM	#57 (permalink)
xpat Chiang Mai Last Online: 12-08-2008 02:55 PM Join Date: Mar 2008 Posts: 10	DIY wills and POA After inquiring about obtaining a POA for me to represent my 89yr old father at the US consulate for sworn affidavit of pension for my 89 yr old father who is under my care and at this point, he is barely able to walk, they sent me a list of local Chiang Mai attorneys and i contacted one that I was familiar with and their fee for that simple doccument was 2kbaht. I then asked for their fee for drawing up a simple will naming me as my father's beneficiary of his two Thai bank accounts [currently amounting to 500kbaht].....one page of 'boiler plate' [standard fill in the empty spaces doccument] and they wanted 8kbaht. Leading me to ask the following questions.... 1] what are the standard attorney fees for these simple doccuments?? POA & will 2] can I DIY [do it myself by typing up the forms and getting three witnesses to sign?? Legally?? 3] it was [just casually] mentioned that the POA would be useful for one transaction only and would have to be drawn up on a yearly basis to satisfy Thai immigration requirements for retirement visa. Is this true?? 4] and would Eglish only suffice for these doccuments?? any competent or experienced advise would be greatly appreciated as I feel that attorneys here in LOS are 'sharks' like their counterparts in America. Thanks in advance.....

04-04-2008, 05:37 PM	#41 (permalink)
William Senior Member Last Online: Today 01:41 AM Join Date: Jul 2005 Location: In jail Posts: 5,858	and "residence" doesn't need to mean where you are physically located. For example, on a visa run to Loa you are not a resident of Loa

05-04-2008, 02:15 PM	#42 (permalink)
The Gentleman Scamp The Peoples Champ Last Online: 03-12-2008 07:46 PM Join Date: Feb 2006 Location: Home Posts: 6,247	I have been looking for a will template as a guideline to write my will here and now, print it out then get it signed by two witnesses that are not benny fisheries. Unfortunately, Google has many that claim to be free downloads but in fact they are all peppered with 'Add to cart' and '$29.99' and all that bullshit. Can anyone assist? Spellcheck.

05-04-2008, 03:09 PM	#43 (permalink)
bkkmadness The Fishkeeper Last Online: Today 01:01 AM Join Date: Feb 2006 Location: Bangkok Posts: 4,271	"In the event of my death, I leave it all to Sandra. The Gentlemen Scamp" Print and sign at your convenience. And here you go, u must be able to find something here. last will and testament free templates - Google Search

05-04-2008, 05:02 PM	#44 (permalink)
The Gentleman Scamp The Peoples Champ Last Online: 03-12-2008 07:46 PM Join Date: Feb 2006 Location: Home Posts: 6,247	Thanks Maddie but Jesus foking Christ, I downloaded it and all it is is pages and pages of Jargon from AXA Equity and Life trying to part elderny Brits with their money. Is there an example will I can just edit to my own erm.. bits.

05-04-2008, 05:32 PM	#45 (permalink)
bkkmadness The Fishkeeper Last Online: Today 01:01 AM Join Date: Feb 2006 Location: Bangkok Posts: 4,271	How about this? epoq : wills service

05-04-2008, 06:04 PM	#46 (permalink)
The Gentleman Scamp The Peoples Champ Last Online: 03-12-2008 07:46 PM Join Date: Feb 2006 Location: Home Posts: 6,247	Have a green and 10% of my estate.

05-04-2008, 06:26 PM	#47 (permalink)
bkkmadness The Fishkeeper Last Online: Today 01:01 AM Join Date: Feb 2006 Location: Bangkok Posts: 4,271	Google is your friend Scamp.

05-04-2008, 06:45 PM	#48 (permalink)
The Gentleman Scamp The Peoples Champ Last Online: 03-12-2008 07:46 PM Join Date: Feb 2006 Location: Home Posts: 6,247	I The Gentleman Scamp hereby state that when I die I want the following people contacted and the following people taken care of. Sandra My friend Val in Scotland My brother Nigel if he needs it, (can't make much being a foking priest in HK with three kids). I want my body cremated and scattered in a politicians face. If this isn't formal enough and doesn't have the correct poncy jargon then stick it up your arse. Signed, blood dropped and witnessed by two close friends.

05-04-2008, 06:47 PM	#49 (permalink)
The Gentleman Scamp The Peoples Champ Last Online: 03-12-2008 07:46 PM Join Date: Feb 2006 Location: Home Posts: 6,247	bkkmadness can have my kettle.

05-04-2008, 07:13 PM	#52 (permalink)
bkkmadness The Fishkeeper Last Online: Today 01:01 AM Join Date: Feb 2006 Location: Bangkok Posts: 4,271	Sorry Scamp, didn't know he was your real brother I just thought he was part of the crew my nigga. Actually I did kind of guess he was, but wanted to use the line. I will accept the red like a man.

05-04-2008, 07:50 PM	#53 (permalink)
The Gentleman Scamp The Peoples Champ Last Online: 03-12-2008 07:46 PM Join Date: Feb 2006 Location: Home Posts: 6,247	You have been pardoned... run along now.

06-04-2008, 02:28 PM	#54 (permalink)
tsicar Pattani Last Online: Yesterday 04:47 PM Join Date: Aug 2007 Location: isaan/south africa Posts: 688	Now, immediately you should be noticing one startling exception to the list of 6 - your loved one (i.e. husband/wife)! The fact is, your spouse is a statutory heir, but as class 7! In other words, if any member of class 1-6 is surviving, spouse only gets a proportionate share: 1. at the same % share as each surviving child 2. 50% 3. 50% 4. 75% 5. 75% 6. 75% ONLY if NO class 1-6 heir exists, will the spouse get 100% of the estate- so those of you with assets in your wife's names, without a will, better start putting pen to paper as you read this. YOU HAVE BEEN WARNED this is very interesting, and i do not dispute the information or the source, but i have been advised differently by three different legal entities (thai attorneys) and they seem to be of the opinion that: the spouse is entitled to the first 50% the remaining 50 percent is then split between the children, the mother and the spouse again , so in my case, 50percent for me, 12.5percent for each of my two children, 12.5 percent to her mother and another 12.5 percent to me, totalling 62.5percent for the spouse. we will be going to court on these grounds, since the father laid claim to the land and managed to get her land transferred to his name under false pretences after her death. i am told by all the thais that i speak to that the asset split happens in this way.i.e. this is the way it happens in thailand. can anybody please clear up the confusion?

06-04-2008, 02:38 PM	#55 (permalink)
William Senior Member Last Online: Today 01:41 AM Join Date: Jul 2005 Location: In jail Posts: 5,858	^it's possible. Dying without a will means the division of the assets is subject to the court's discretion. Usually this means that a blood relative, of which a child is the highest order, has a stronger call than a non-blood relative - such as a spouse. This is even more so if the marriage has not been registered at the amphur. The above split you quote is as prescribed by the Civil and Commercial Code, but again it is subject to court discretion, so should not be taken as outright correct. It is one of the dangers of dying without a will that your assets will be subject to court discretion - and my experience of this in Thailand is that this can mean almost anything. Hence the need to ensure it doesn't happen to you. Unfortunately most of us believe we will have sufficient time to put our affairs in order before we die, so put the thing off. Experience has shown me that this is rarely the case.

23-05-2008, 02:25 PM	#58 (permalink)
Khun Custard Udon Thani Last Online: 28-11-2008 07:41 AM Join Date: Feb 2008 Location: Not where I want to be Posts: 140	Great thread William! BUT Will or no Will , if Tilak dies before you - the land and house you paid for in her name can never be yours by Thai law - right?? What's your thoughts on clauses in Wills to protect non Thai benefactors - liquidation of all property assets on death? Seems that the Falang might get caught in the middle and the kids or the inlaws might be the landlord?? Be nice to your inlaws and kids!!

23-05-2008, 02:57 PM	#59 (permalink)
Lorenzo Aranyaprathet Last Online: 27-11-2008 01:38 AM Join Date: May 2008 Posts: 271	I was advised, by a Thai lawyer, to keep minimal assets in Thailand. I am following this advice.

23-05-2008, 11:01 PM	#60 (permalink)
William Senior Member Last Online: Today 01:41 AM Join Date: Jul 2005 Location: In jail Posts: 5,858	My answers are in bold below Leading me to ask the following questions.... 1] what are the standard attorney fees for these simple doccuments?? POA & will The charges you were quoted were very cheap. For the will alone I would probably have charged in the region of 30K - and that's assuming it was not difficult. 2] can I DIY [do it myself by typing up the forms and getting three witnesses to sign?? Legally?? Ordinarily I would say yes, but Thai law has a few technical issues; so I would be reluctant to suggest you do this. Nothing to do with lost fees 3] it was [just casually] mentioned that the POA would be useful for one transaction only and would have to be drawn up on a yearly basis to satisfy Thai immigration requirements for retirement visa. Is this true?? True to a degree. It all rather depends on what the POA states. More to the point is that a POA can be revoked at any time. Under Thai law, a POA is seen more in the realm of an agent/principal relationship. I think that is the reason why you were advised as you were. 4] and would Eglish only suffice for these doccuments?? Yes and no. English is fine, but in the case of a will it's inventive that you will need to involve Thai authorities, so best to have a Thai translation of an English deed/agreement. any competent or experienced advise would be greatly appreciated as I feel that attorneys here in LOS are 'sharks' like their counterparts in America. I make no comment as to the 'sharks' Thanks in advance.....[/quote]