Thread: A will for my missus

My missus asked me last night what would happen if she died. Who would take care of her mum and what would happen to her money, house, apartment and land

I told her she needs to write a will.

I have no idea how to write a will in Thailand or for use in Thailand. Does it have to be stamped by a lawyer or can it just be written out?

She said that as long as her folks were alive that everything goes to them, which I am quite happy with. If they are dead she wants the stuff to go to me.

What happens bank account wise? Does her mother get access straight away to the bank or are some officials going to steal her savings?

What would happen in case it was left to me.

I know I can't own a house or land, so what happens. Does she have to put something in the will that states the house and land will be sold and the proceeds go to me or do I have to deal with that?

Morbid thoughts I know, but she is concerned about it. So I thought it best to deal with it ASAP.

Good Question actually, never thought of it myself, hope someone has an understanding of this system.
Likely outcome, if parents are still alive everything to them and bank account no problem, if on the other hand everything goes to you - big problem

Originally Posted by Red dragon

Good Question actually, never thought of it myself, hope someone has an understanding of this system.

I agree that it's a good question. I've thought about it but have been too lazy to do anything about it. I thought the husband would inherit all if there was no will. I'd prefer our son to inherit all.

I look forward to some replies from those in the know.

If there is no will, statutory heirs will inherit in the following order:
• children, parents and spouse of the deceased – equal shares.
• parents and spouse of the deceased – spouse receives half.
• full brothers, full sisters – spouse of the deceased receives half.
• half-brothers, half-sisters – spouse of the deceased receives two-thirds.
• grandfathers, grandmothers – spouse of the deceased receives two-thirds.
• uncles, aunts – [at] spouse of the deceased receives two-thirds.
• none of the above – spouse of the deceased receives all.
If an heir in a higher order exists, heirs in the lower orders have no rights at a

Originally Posted by rubbajohnny

Thai law you cannot inherit the land

Very good. That's not much help though.

I have read previously that you are given time to sell the land.

Just remembered tihis thread


https://teakdoor.com/doing-things-leg...wife-dies.html (What if my wife dies?)

Recently went through this process with wife.

Wills in Thailand can be hand written by person and must be witnessed by two persons who are not named as beneficiary in the will. The will should also include the name of a primary executor and a secondary executor to ensure wishes of will are carried out.

Wife opted to use lawyer who made up three copies all signed by wife. Lawyer keeps one and the other two were given to us. All bank accounts, both joint and individual were listed as was all land, house and personal property in the house.

In the case of land you have one year to transfer the property to a Thai person. The law is vague and a lawyer told me you cannot sale the land so it sounds like you must give it away but thats hard to believe. In our case she is giving the house to a relative, okay by me, and had lawyer execute end of life lease on the property in my name. It is listed as such on the title deed. It means I control and can continue to use property till I die even if relative sold said property new owner would have to accept my end of life lease.

So the parents will inherit even if there are children?

Originally Posted by Fabian

So the parents will inherit even if there are children?

No children, none planned, so for now that isn't a concern.

BUt for me it would be a concern.

Hi, This may help.

WILLS IN THAILAND

Lately, we received many questions about "Wills" in Thailand. The following text tries to answer some of these questions. Not everybody needs a will and this text aims only to give you general information. Don't hesitate to communicate with us should you have any other questions or inquiries.
http://www.thaivisa.com/forum/index.php?showtopic=179500

By Sebastian H. Brousseau, LLB, B.Sc., Canadian Attorney-at-Law

and Alan G. McAdam, LL.B. (Hons.), British Solicitor

From Isaan Lawyers

Also, and importantly

You may recall a fine lawyer who was truly generous with his advice to the expat fraternity here in Thailand, but who sadly passed on a few years ago.

His advice:
Wills In Thailand With The Details You Need


"Important information for those who want to preserve their estate in Thailand - or in any other country while living in Thailand!

A Last Will & Testament may be in any one of four forms, with varying degrees of safety from challenge.

First - what is known as a 'holographic will' which means you wrote it out by hand and you make corrections and verify them yourself.

Second - a Will made with a lawyer. Corrections on the first two types of Wills, if evident, are points of attack by an opposing lawyer.

Third - a Public Will, which is the strongest Will available in Thailand. The form for this type of Will is in Thai, which needs to be filled out, and cannot be attacked, and is available at the District House at Banglamung, Amphur* office, and at Pattaya City Hall, Amphur* Office and may cost 100 baht. (*Amphur is the same as the Council Office in the UK, or City or County Clerk in the USA.)

The fourth is none - you die intestate and your goods are distributed by the state according to certain rules Thai rules.

Unless you are leaving everything to one person, and no other person has a reasonable claim on your goods, your Thai will should list (as an Appendix) all your assets in Thailand, including bank accounts (with branch address and account numbers); vehicles (if they're in your own name) including registration number, chassis & engine numbers; condominiums and shares in companies owning property; jewelry and personal possessions, including paintings and objects d'art. It will help reduce any squabbling or attacks on your Will if you specify who inherits each item and the proceeds of the liquidation of any asset.

There is no second language in Thailand, so if there is a question between an English translation and a Thai translation, the Thai wins. Any language is accepted, but if translated into Thai, the Thai version prevails. Only a will written in Thai is technically admissible in a Thai court: the one in English is for your convenience and information only.


Westerners are used to the concept of naming their own Executor in their Will. In Thailand it is technically the court who appoints your Executor: in your Thai Will you should name a "Personal Representative" (who may be a relative, friend or your lawyer) who is usually accepted by the court and appointed your Executor.

Your Executor is then charged with ensuring any taxes due are paid, and the assets listed in your Will are distributed according to your wishes - even to someone on the other side of the world!


The Executor may charge the estate a reasonable amount or fee for time spent, and for expenses incurred carrying out these duties; but the testator will usually have set a reasonable limit on the amount his Personal Representative may charge in total.

While you can include property and other assets in another Country in a Will made in Thailand, and this Will may be accepted in your own country, the safest method is to have a Will in each country covering your assets in each - and specifying that this Will covers only those assets held in, for instance, the United Kingdom. Another Will is similarly drawn up, specifying that this Will covers only those assets held in Thailand. A third may cover Australia - and so on. This may sound onerous, but is also sound tax planning.

LIFE PARTNERSHIPS

There is no direct law on live-in partners: the closest law is business partnership law, and has mostly to do with moveable property.

If you put property in your partner's name, and you want it back or part of it, it is very difficult.

The legal age in Thailand is variable depending on cir*****stances from 18 through 20. If your partner is 21 or more, she or he is past the age of requiring consent for any kind of relationship. But children 15 years of age and younger engaged in sexual acts are considered by statute to have been raped regardless of any consent given, including marriage. At ages 16, 17 and 18, you can be sued by the parents, if they do not agree to the relationship. So it is best to get the parents consent in writing, signed and witnessed.

If you want to separate from a partner, you will usually get what is yours and she will get what is hers. It is therefore wise to keep an inventory of the things you buy for her, things she buys for you, and things you buy jointly.

Houses and property, in your Thai partner's name, are hers (or his) regardless of who paid for the property. You can use loan and rent agreements to retain control of the property, or form a company.

A 30 year, guaranteed renewable lease, a loan do*****ent requiring the borrower (your Thai spouse) to pay you much more than the value of the house or shop if it is sold – will help you retain the right to live in the house, in the event of future difficulties in the relationship. Or form a company – although the rules on companies for reporting and being valid are changing. The best protection is to have a good Thai lawyer to advise you.

Having children in an unmarried relationship is evidence of a long-term relationship: it is therefore a partnership, and partnership law governs.

Thai law is based on Community Property, so if you get married, what you or she had before the marriage are your separate properties, and what you acquired or earned after the marriage is joint property, and divided equally in the event of divorce.

Pre-nuptial Agreements are legal in Thailand and will be upheld by the Court.

If you have followed these suggestions, and taken care of your estate planning, you can relax and, as Mr. Spock would say, live long and prosper.

Article compliments of Leslie Wright, Westminster Investments, Pattaya, and others.
_________________________


This I had copied with no ref unfortunately, but I am sure if you Google about, you may well discover it. I am doing same now.
Cheers