My Experience Making a Thai Will (Reader's Submission)
Like many of us, I am staying here in Thailand on a Non Immigrant “O” (retired) visa. To meet one of the requirements of extending the period of stay with this visa (and because my monthly income is not sufficient for this) is that I have a Thai bank account with THB 800.000. This is a fixed account (savings account), in addition to the corresponding savings account (which is apparently the name of a current account in Thailand). You can take an ATM card for that savings account, which is NOT possible for the fixed account.
For years I walked around with the thought, what to do in case I die? The first reaction of many was “get an ATM card anyway” and inform your partner of your pin code, so that she can still withdraw the money from the account before the bank would be aware of my death. Apart from the fact that this is probably not really legal, no ATM card can be issued for a fixed account. You can of course only take out a savings account, but you will receive much less, or no, interest on that.
Then I got the inspiration to arrange a power of attorney over that account for my partner at the bank. Apart from the fact that it took a lot of effort (because the bank was not keen on all that extra administration), it turned out to me afterwards that a power of attorney is only valid if you are "alive". So not ideal either.
So the conclusion was to look for a Thai lawyer to draw up a will. Not easy to find an affordable lawyer. Most start with THB 40.000/60.000. I thought that was too bizarre for a simple will that only had to be about my Thai bank account. Finally, after a call from my side on this blog, a reader mentioned the name of a suitable lawyer; Mrs Mrs. Orajith Srisuwanno, attorney at law, ([email protected]) from Bangkok. She was willing to draw up my will in both Thai and English for THB 10.000.
All contacts were made via email and I only had to come to her office in Bangkok for the signing. A witness was also arranged by her!
Closing Remarks:
- In principle, you can go through/send everything with her via email and you only have to come to her office (Bangkok) to sign it.
- So my will only concerns my Thai possessions. For my interests in NL, I need to engage a Dutch civil-law notary to have a separate will drawn up.
- The Thai will has a seal and stamp. A date has been entered on the stamp (see attached photo) and upon inquiry it turned out to be the date on which the lawyer must renew her license.
- Inheritance tax: According to the lawyer, there is no such thing as inheritance tax, but the beneficiary of the will may have to pay income tax on it.
My lawyer works at the office of H. Toosi & Co, but is authorized to handle legal cases (at his own expense).
Submitted by Haki
At Magna Carta law firm in Pattaya I had a bilingual will drawn up for ฿6.000. Good service and quickly arranged.
How long ago did you have that will drawn up? Because there are probably more compatriots in/near Pattaya/Jomtien who are interested. I think the amount charged is very low, given my recent inquiries with several lawyers. My lawyer also only charged THB 5.000 for it years ago and now THB 10.000,
Khaki
Good information that everyone should be interested in for years.
A rumor: if you do not make a will and there are no legal spouse or children, everything will go to the Thai State. Is this true?
A rumor or already law: inheritance tax is.would be introduced, first for large assets above 50 million Baht?
Furthermore: I thought it was/is possible to open a savings account (ongsap) with 2 names at one/all banks. The first name is then followed by “lae” ie “en”. So one of the 2 signs for withdrawals at the bank branch (the ATM card has the code and it can be shared or not). Maybe someone has experience with that?
For Belgians: the consulate in the Belgian Embassy can register your will. If I remember correctly you pay Baht 4000 for that. Remember that the first to know if a Belgian has died is probably the consulate because I suspect that the Thai police still first notify the embassy when a foreigner dies.
At Isaan Lauwers in KORAT I paid 5000thb a few years ago. Thai and English
Dear Haki,
almost everything you write is correct.
You do not have an ATM card and no PC banking on a 'fixed account'. Is typical for a FIXED account.
Giving a power of attorney is also a problem as they are not keen on this and it can only be used legally as long as the account holder is alive.
Using an account by a third party is, after the death of the holder, also illegal and punishable in Thailand.
A Thai will is always executed through the court and may only concern matters concerning property in Thailand.
A price of 10.000THB seems reasonable to me, but of course you will get reactions from people who got it cheaper. That's normal for TB when it comes to pricing. What is not told, however, is whether there is an 'executor' of the will or not, whether the will has been registered or not…. so comparing apples with oranges.
Regarding the stamp indicating the date that the lawyer has to renew her license: it is also a normal course of events. If the license would not be renewed, she no longer has the authority, as a lawyer, and therefore cannot, as a lawyer, bring your case before the court. I suspect that the lawyer has designated himself as the executor, hence the stamp.
What can you do now to allow this will to continue to exist as completely valid and not to encounter any problems afterwards?
You have your will, with two witnesses and the lawyer, registered with the Ampheu. You will receive a registration certificate which you will hand over to the beneficiary of the will. In the event of your death, the beneficiary can, without any problem, initiate proceedings before the court through any lawyer of his choice. This has no consequences if you want to undo or change the will as, while alive, you can always request this from the Ampheu,
Dear Lung Addie!
Registration: What you write in the last paragraph of your response worries me a little. Do you want to clarify with your response that only a will with a (now) registered Thai lawyer can still be invalid?
In which municipality should the registration take place? Where am I now staying in BKK and where has the will been drawn up? Or in Surin, where I think I will live when I die. By the way, it seems to me a costly situation to have to visit the town hall with 2 witnesses and a lawyer?
Khaki
My lawyer, Mam Patcharin from Korat, owns a condo in Cha am. And so could come to my house in Hua Hin for the signing. I paid 3000 baht for a bilingual will, but that was about five years ago.
Is still so Hans.
Got the same price from her a month ago with an application.
However, with the statement that it is a 'simple' will.
In my opinion, the drawn up will is only valid after it has been legalized by a notary.
This is not necessary in Thailand.
for Pattaya I can refer to a Thai lawyer, speaks excellent English, married to a Dutch expert. I forgot the name and only have her Thai business card tel. 089 9062991/0898321977. The office does more than just drawing up wills. I have very good experiences with it. Gerard
Dear Haki,
You are writing to my partner, so I assume you are not married, and
It's a good idea to have a will drawn up.
I also have that 800.000 baht in the bank for my annual visa, I am married to a Thai and I recently asked, what if something happens to me?
According to my wife, she can go to the bank with the death papers and documents needed, and then it will be arranged, because we are officially married, our marriage concluded in the Netherlands is officially registered here.
If that is indeed the case, can he claim that 800.000 baht that you or other readers know?
Rudolf
I am also married to a Thai and have entered on my account form at the yellow bank (Krung Thai) that she can dispose of the money after my death. She can then go to the bank with the passbook and get the money. An account in 2 names is not useful as immigration then says that half is yours and half is your partner's.
Dear French,
I have already dealt with several cases of Thai widows married to a foreigner.
Things have already changed in Thailand. For example, I have already had a few where, as it is written here, who made a statement at the bank, where NO payment was made.
Proof of succession is now being requested by 'some' banks, I write especially between quotes 'SOME'. This can be obtained in your home country.
The problems arise, and that has already happened several times, even though the chance is small, that afterwards other heirs, including children from a previous marriage, came to claim their father's share, to which they are legally entitled. . If this has already been paid out by the bank, they have a decent problem there and so they are not so keen anymore.
A registered will is best.
PS| in Thailand they do not have a 'notary' as in the Netherlands and Belgium. Here that is a 'lawyer with notarial authority'. There is also no national office for the registration of wills here. Registration is done here at the Ampheu.
Why lock up 800.000 when 400.000 is enough if you are married?
Hi Lee,
I prefer a retirement visa, because I find it easier, plus the fact that if something happens in the relationship, I can just continue with the retirement visa.
And when I have my full pension later, I can go for the combination method with an income statement, because I think that I will just not reach that 65K.
At Magna Carta (very decent law firm in Pattaya, a will does not cost 10000 baht. A good office will also advise you to note in the will that it also applies to bank accounts that you open in your name in Thailand in the future. Otherwise can you make a new will every time.
Does anyone have experience with a good notary for drawing up a will and would like a price in Khon Kaen?
Thank you very much for the info. Hans
Dear TB Readers,
Does anyone have experience with a good lawyer for wills and contractual disputes in Phuket?
Happy Holidays!
Dear Hans & Gino! As I have already reported, the lawyer, with whom I have had the experience as described in the editorial, does everything by e-mail with the exception of the last step, the signing. For that you will have to go to her office in BKK.
Khaki
I have been to a court, 2020 and they said that at all times after the death of the person a lawyer does the settlement and they generally charge 10% on the amount of what is on the bill, I have this from 2 people learned.
I also can't imagine that an amount of 5000k includes all costs and even at 10k I can't imagine this yet, but maybe I'm wrong or the rules have changed.
So you can have a registration through a lawyer somewhere in the country or in your province, but the lawyer will make everything right, even at the bank, even if you have registered it with the ampeur, it always goes through a lawyer, if a survivor can so you have no way.
Unfortunately we don't know when it's our time but you can try to have as little as possible on the bill.
Dear Haki,
I suggest that you contact me personally by email. Then I can answer you in detail.
[email protected]
I have personal experience and have already dealt with this subject in several files.
I'll be fine, and only give LEGAL advice, no side roads or hearsay.
Regards.
Dear Lung Addie!
I will do as soon as I have a response from my lawyer. Yesterday, after reading your response, I asked for an explanation about the registration. Response will come next week.
Regards,