I just finished watching a short video on making a Last Will and Testaments and frankly I was a little confused by the jargon used, and so i think most of you would be confused as well. This is my job full time at Thai888 Law and so I hope to take any confusion out.
I live and work in the Pattaya area and know many people that have businesses, family and overseas assets that they want to protect should something happen to them.
Many people call and say its a simple Will and shouldn’t take to long or complicate things. It usually takes a few days to draft something for you and then after you’re OK it then we print it for you to sign. Most of the time things go well and occasionally not so well as if the Will is badly written there could be court cases later
What could legally go wrong
For a start trying to write your own Will is OK but what if you miss a word or a phrase or signature. This opens the door to court action later.
I did a talk at the Pattaya Expats Club (PEC) and the Pattaya City Expats Club (PCEC), in fact many talks, about Murphy’s Law and this is simply “Anything that can go wrong will go wrong”. But if the Will is properly written then chances are if it goes to court you will win.
The most important person in the Will
This would have to be the Executor as they are the managers of the Will after you die. They need to take the Will to court and give testimony to say they are a fit and proper person to manage the Will. This person in order to get to court has to apply through a Lawyer and the Lawyer gets a court date for them. They appear in Court and normally the judge gives them the power to go to the bank and close the accounts, go to the land office and change the name on the Chanote (Title Deed), sell the cars and bikes, pay the bills and donate items to charity. There is a lot of work and all the docs require a legal person, plus someone that speaks, reads and writes Thai. At Thai888 Law Company we have 2 offices set aside for this and have made Wills for 100’s of people from all over the World and in different languages.
World wide assets
Definitely DONT put this in your Will as there are something you need to talk to me about before you do. There are different laws around the World and so you don’t want the lawyers fighting over whos law to follow. There are tax issues as well. email me or call [email protected] Your assets if in Thailand don’t need to be mixed up with other countries issues.
Revoke other Wills
Another DONT, as if you have any property in another country, and a Will to cover it and it says revokes (takes away its power) all other Wills and Codicils (additions) then these maybe used to cause an issue in the courts, and the winners will be the Lawyers, Solicitors, tax man.
You dont need to pay big money for a Will
Thai888 Law has been making low cost, very affordable Wills for the Expat community for many years and our reputation for fairness is well known. Ask around and you will find our Wills and service very competitive. We have even been praised by the Australian Lawyers society for our bench make excellence and being able to Notarise the document for Australian Courts.
Staff at Thai888 Law speak, read and write Thai and English
Our staff work with you until you are satisfied with your Will in Thai and English. Once you approve the documents, we print, you come into sign in front of our 2 legal staff and a picture of you is taken. This proves that you were competent (in a healthy frame of mind and were not forced to make the Will) as later on your Will has to go to court and the Judge can see the picture.
First of all send me an email and I will send you a checklist of what docs we need to draw up and translate the Will. The checklist covers your property, who is the next of kin (NOK), who gets the property in your Will (Beneficiary), and who is the manager (Executor) of your Will, who to contact in Thailand and in your home country, your Embassy. All names, addresses and contacts are included and of course should something happen to any of the above, we list alternative people (this makes the Executors job easier) as well.
Making your friend the Executor
This might seem like and honor to nominate your friend however, its a lot of work and a lawyer has to be involved too, and in most cases they will resign from the role as they don’t have the knowledge or language to deal with these government departments. Resigning is another step in the court process and not necessary if you write the Will properly in the first instance.
Registering the Will
This is no longer necessary. You will receive a signed copy of the Will and the other goes to the Executor. Keep then in a safe place. We can scan your signed Will and send to other people involved.
Executor of the Will
I have heard people at the various clubs say the Lawyers acting as the Executors steal all the assets. I understand the Law and there are approx 66 of them that are concerned with the Will, the Executor, the Beneficiaries and the assets and so it is not easy to steal anything. There is a solution to this and so have a co Executor. As, in some cases the other co executor is over seas and cannot come to the court case in Thailand and the other Executor can act for them. Under Thai Law these people are responsible for each other.
Thai888 Law has another company called Abroad Funerals and together we can arrange everything from making the Will, the funeral, Court and sending the properties back to the people in your Will. No more running from company to company as we do everything, saving you time and money. AND all in English.
Thai888 Law has the experienced staff and reviews to make your Will properly. We have a full time Australian probate officer, that deals with Probate & Will issues all over the World. So call us for professional advise, as you never know and its always best to be prepared. Lastly you don’t want to government to get your hard earned property.