Lawyer for will / US connection?

[LolaBeltran]

We need to consider making a will to replace a previous will made in the US. Some US assets plus Thai assets and so we need someone familiar with laws in both countries. (Legal sponsor here never bothered to reply.) Anyone with a suggestion of a capable lawyer here in Hua Hin??

[Nereus]

We need to consider making a will to replace a previous will made in the US. Some US assets plus Thai assets and so we need someone familiar with laws in both countries. (Legal sponsor here never bothered to reply.) Anyone with a suggestion of a capable lawyer here in Hua Hin??

I doubt that you will find a lawyer familar with both countries law, but I will send you a PM with a Thai that I can recommend in Hua Hin. Fluent English speaker.

[pegman58]

I think Lawyer office right next to Makro does it and can have it translated both languages for 12k baht with 7% vat.

[laphanphon]

Guessing you already know, Thai courts can't judicate USA law. 2 separate wills are needed, and one for Thai assets must be in Thai script.

It's actually quite an easy process and can do yourself, with two witness signatures (notarized), and filing fee, for registration at Amphur office. Same with USA, simply notarized signatures (at Embassy), with no filing necessary, unless you think someone would contest it.

[LolaBeltran]

Thanks for all the suggestions and information! The sponsors here finally replied and we may go to them, but havent made a decision yet.

[Ratsima]

I am not a lawyer, so the following should not be construed as legal advice. Heck, it may even be wrong:

Although Thai courts can not adjudicate foreign law, they can and do probate foreign wills. The decisions of a Thai probate court are not enforceable elsewhere. The decisions of a foreign probate court are not enforceable in Thailand.

There is no need to make separate wills if you have property in more than one jurisdiction. A single will suffices. However, you can if you want. For example, you might not want your Thai heirs to know about the stuff you have back home.

A Thai will does not have to be written in Thai script. It can be translated at the time of probate. The translator will have to affirm to the court that the translation is accurate. MFA certification is not required.

There is no requirement that a Thai will be notarized. The signatures of two witnesses is sufficient.

There is no requirement that a Thai will be registered at the amphur. You can if you want, but it is not a legal requirement. You just need to make sure that the executor knows where the will is when the testator dies.

[Nereus]

There is no requirement that a Thai will be registered at the amphur. You can if you want, but it is not a legal requirement. You just need to make sure that the executor knows where the will is when the testator dies.

Sorry mate, that is completely wrong. Ask me how I know, when it cost me over 1 Million Baht to find out!(in regards to a self written will)

[Ratsima]

I can’t prove a negative, so please cite the Thai law that requires wills to be registered.

[Nereus]

I can’t prove a negative, so please cite the Thai law that requires wills to be registered.

This subject has been discussed many times on here. I am referring specifically to self written Wills.

I believe that you have posted previously that your wife is a Thai Lawyer. Please ask her!

[Ratsima]

I can’t prove a negative, so please cite the Thai law that requires wills to be registered.

This subject has been discussed many times on here. I am referring specifically to self written Wills.

I believe that you have posted previously that your wife is a Thai Lawyer. Please ask her!

I did. Here's what she said:

It is not necessary to file it at the amphoe to be valid

(It was a text message as I was out cycling at the time.)

Please read the Thai Civil and Commercial Code about Thai wills. No mention that a holographic will must be registered:

http://library.siam-legal.com/thai-law/ ... 1655-1672/

[Nereus]

It depends entirely on what type of Will is being referred to. And bear in mind that the legal system here is just like the Immigration act: ie; depends on who happens to be reading it just how it is interpreted, regardless of what may or may not be written in the civil code!

My late Thai wife left a holographic will that the courts would not accept BECAUSE it was not registered at the Amphur.

a. The customary form is one that requires it to be made in writing, dated and signed by the testator before at least two witnesses. The witnesses are also obliged to sign the will to certify the signature of the testator. Please be aware that persons who are deaf, dumb, insane or adjudged quasi-incompetent are not permitted to serve as witnesses.
b. The second form is called a holographic will wherein the testator in his own hand writes the entire will. In addition, the testator has to affix his signature and the date it was drafted.

c. The third one is a will made in a public document. The testator will declare in the presence of two witnesses and the Kromakarn Amphoe the supposed content of his will. The latter shall note down the declaration of the testator and thereafter read this note before the latter and the witnesses. After ascertaining that the note is in consonance with the declaration, the testator and the witnesses shall sign the note. The Kromakarn Amphoe shall then affix his signature and seal in the note. The note shall thereafter be deemed as the will of the testator.

d. Another form is that made as a secret document. The testator writes his testamentary dispositions in a document which is dated and signed. After enclosing the document, he shall submit it before the Kromakarn Amphoe and at least two witnesses and affirm to them that the said document is his will. If another person wrote this for him, he must disclose the name and domicile of the writer. Thereupon, the Kromakarn Amphoe will affix his seal and signature and transcribe a statement into the enclosed document to the effect that the testator has declared that the said document is the testator’s will. The witnesses must also sign therein.

In addition, and in the context of the OP, any Thai Lawyer that tells a Farang that they do not need a separate will for their own country, is NOT advising in the best interests of the paying client!

[Ratsima]

Without knowing the particulars of your wife's will there's no way for us to know what the court considered. The plain fact is that there is no legal requirement for a holographic will to be registered. That's exactly what paragraph "b" in what you posted says.

Can you tell us what exactly was the legal basis for the court's decision in your wife's case?

Whether or not you need separate wills is a matter of the specific circumstances. If you're not sure, ask a lawyer. It would certainly not be in the best interest of your clients to tell everyone that they need two wills.

[Nereus]

That's exactly what paragraph "b" in what you posted says.

And "C" and "D" say what???????????????????????????????

[Ratsima]

Those are just alternate forms of making a will. "a" is the more standard method which involves a will with a couple of witnesses. "b" is a holographic will with no witness. "c" is a will made orally before two witnesses at the Amphoe. "d" is a "secret" will that is deposited with the Amphoe. Nothing in what you provided says that a holographic will needs to be filed with the Amphoe.

Why not post the section of the court decisions that found your wife's will to be invalid so we can see what the court based their decision on. Without that, there's no sense in continuing this discussion.

[Nereus]

there's no sense in continuing this discussion.

Exactly!