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Home » Reader question » Reader question: How to translate my will and make it legal in Thailand?
Dear readers,
The following occurs. A will has been drawn up at a civil-law notary in the Netherlands. The notary has included this will in the register of wills and has given me a copy of the will. The will stipulates that Dutch law applies.
I gave a copy of this statement to my Thai partner. However, if I die, this will is in Dutch, so it cannot be read by a Thai.
Now the case arises that I have a child with a former partner in Thailand. Both my child and my current partner are beneficiaries. Now I'm afraid that the mother of my child will want to take everything when I die and my current partner will be left empty-handed. My current partner is no match for my ex. My ex will try to take everything with the police and relatives and leave my current partner penniless.
I would like to receive advice on how to translate the will and make it legal in Thailand and or what to do.
Thanks in advance.
Regards,
Peter
Just a question: will the settlement take place through the Thai court in the event of death?
I have a will in the Netherlands for my Dutch possessions and in Thailand for my Thai possessions. I had the latter drawn up at Isan Lawyers, Ebgel speaking lawyers also work there. Everything goes to my thai wife.
Neither civil-law notaries have each other's contact details, so if something happens, they can represent my wife's interests.
So look for a law firm where reasonable English is spoken so that they can communicate with the Dutch notary.
Your will, drawn up in the Netherlands in accordance with Dutch law, will presumably concern your property in the Netherlands.
If you have property or bank accounts in Thailand, it is best to have a law firm in Thailand draw up a will according to Thai law in Thai. Your will will also designate a responsible executor. It is that person who will see to it that everything happens according to the will of the deceased, as described in the Testament. The fact that one of the heirs or someone who does not inherit anything can shout or complain louder has nothing to do with it.
You can, among other things, obtain information without obligation at the Magna Carta office in Pattaya. They charge 7500 baht for a will.
Are you sure that a NL will only concerns the NL properties?
Or does it simply apply that the worldwide possessions of a Dutch citizen fall under Dutch law?
Assumptions are the mother of many a fuck-up
Would like to know first where you live. That's quite important.
Bob
[email protected]
That won't work / won't work.
A will is only valid under Thai law if drawn up in the Thai language by a lawyer sworn in Thailand. (so that may be a Farang lawyer who is recognized in Thailand or of course a Thai lawyer). The first option is often easy for a good understanding of the intentions in the Dutch will.
No other option is possible.
Make a Thai will. Make sure that any assets are registered in the name of your child and current partner as much as possible. For example, your house in the name of your partner and land in the name of your child.
Set up any bank accounts in such a way that your current partner and child can access them at the time of your death.
Incidentally, it is not very formal at banks. For example, I still have access to an account of my former partner. The bank knows about her death, but as long as it is not formally reported, they will not take any action.
If necessary, make your current partner the executor of your Thai will.
How can the mother of your child take everything? Does she have access to your things or money or house or...? Without being more clear about this, it will be difficult to give advice about this.
Have a new will made, which makes the previous one invalid. Most law offices can prepare a will in Thai. This complies with Thai law. Can an English translation be made?
Legally enforcing a Dutch or Belgian will in Thailand will be quite a task for European heirs who feel called to make a claim. Many claim an impossible task. Administratively and legally complex, time-consuming and money-consuming. For really large ones (millions of euros) this may be worth it, but not for the average estate.
As Willem Elsschot already wrote: “laws and practical objections stand in the way between dream and deed”.
Pragmatically, many opt for a separate settlement of their estate for assets and goods in the EU and in Thailand. From a strictly legal point of view, this is of course complete nonsense, because only the last will (will) is legally valid in both the EU and Thailand. It is enough to look at the date to know which will is valid and which can be thrown away. And yet, in practice, it works miraculously with 2 separate wills. TiT 🙂
The various forms of will (handwritten will, notarial will, etc.) that we know in the low countries also exist in Thailand.
The difference is that in Thailand you can appeal to the municipal administration to bring your last will and testament into procedure. My Thai wife and I have had our wills registered in writing under a closed envelope at the "town hall"/ampur of our Thai place of residence. This document in an envelope is kept there and made enforceable upon the death of the testator. For most relatively simple legacies (real estate, for example in the form of a house on land, and real estate, for example savings in one form or another in a Thai bank), this is a sound, simple and affordable procedure. A clear, unambiguous wording (in English) and translation into Thai are of course of the utmost importance. We were supported by a retired Thai language teacher friend, who translated the English text.
If you expect "big trouble in paradise" about the estate and want to "arrange" this about your grave, choosing the last dated will is important and also choosing a notarial will (in Thailand through a lawyer) is of course recommended.
In Thailand, there is no “legal reserve” for close relatives. You can freely divide your entire estate. Seems like an opportunity for questioner Peter.
The designation of an “executor” in a Thai will is very important. @Peter I also think that is an opportunity. My Thai wife has designated me as “executor” in her will and I her in mine. You can be sure that potential heirs will treat the executor with respect, whether or not sincere 🙂 In Belgium and the Netherlands, this is not provided for in inheritance law.
As a questioner, I would like to thank you very much for the responses.
Can continue with it