Wording and phrases
Last week in court the Judge questioned a UK Will in that the immovable property (the condo) was given to 2 of the heirs. Their name was specifically attached to this asset at 50/50 % each. However, the movable asset (money in the bank) was not allocated to these heirs and so the Judge request a family tree to show who is alive and who is not. The UK Will was drawn up in old English with bits of Greek thrown in to make it sound official. However, in a Thai Court with a Thai Judge hearing my testimony translated into Thai has was not convinced.
Lost in Translation
The issue was that the condo could be given to the Beneficiaries however the money in the bank was classified as residual and was needed to pay the bills, funeral, lawyers, etc. and what was left (residual) was to be given to who? The English Will was specific in this and stated that under section 41 of UK Law that all debts be settled by the Trustees (Executors) however Thailand does not have trusts or trustees – but rather controllers of property where the heir of Beneficiary is under age.
Thai always takes precedence over another language
Thai Courts, Thai Property, Thai laws and not UK or any other countries Law. However, Thai Courts will sometimes rule if another country has already ruled in favour in their own country. This is a precedence that can have weight in the case in Thailand if another international court has already determined the verdict. But still clarification is needed.
Thai888 Law Wills
Our Wills are designed for Thailand, although we do make international Wills, and are in Thai and English. Our Wills are proof read and signed off by the Testator (the person making the Will) and this shows they understand what their wishes are and that the are of sound mind (competent) to make this legal document. Thai888 Wills can involve other countries assets however should you pass away then international laws may come into play, overseas taxes etc. You may want to consider separating the Wills are this will stop any legal issues after you pass. Remember in the UK over a certain amount of money could attract a 40% tax. You can talk to us about this should you have an issue
Contact [email protected] and I will send you a checklist that points out what info we need to make your Will. We make a draft and send it to you. Any changes we can make. Then when you’re happy we will print it out, you come to sign, all is bound together with your picture (showing your competent) and signed by 2 witnesses in our legal offices. Then and only then do you pay.
Don’t say you have nothing and so don’t need a Will
This is wrong thinking as your body is in a foreign country and so the Embassy/Consulate, Police, Morgue, Hospital, Next of Kin, Temple, ashes, etc all need to be taken care of and when there is a Will in place and an administrator to contact it makes everything much easier.
Do yourself and your family / friends a favour and MAKE a Will now!!!