Mike Goodtime Posted August 18, 2008 Report Share Posted August 18, 2008 For those living in Thailand, how have you handled the writing up of your will? Have you done either of the following: Done up your will in your native country (assuming outside of Thailand). Done up your will in your native country (assuming outside of Thailand) and had it also translated into the Thai language. Done up your will in Thailand in English and Thai. Or some other option I have not mentioned above. I live in the USA and have recently done up my Last Will and Testament, and a Living Will via www.legalzoom.com It only cost my about $130.00 I was thinking (or some would say fantasizing) how I would document my will if I decided to retire/die in Thailand. Any comments or information is appreciated. Thanks, Mike Link to comment Share on other sites More sharing options...
elef Posted August 18, 2008 Report Share Posted August 18, 2008 I've a law school in my uni degrees but I don't work with that field normally - just write wills for close family and friends. Important is - in which country you're citizen - in which country/ies you live - in which countries you've property and other assets - in which countries you've children or others who according to local laws (wifes, ex-wifes, parents, etc) can claim an inheritance If you want to be 100 % sure that your will is legal and valid in all those countries you must consult a lawyer in each country. The more money you own spend more money on legal advice, remember that the valididy of the will will not be tested until after your death. Link to comment Share on other sites More sharing options...
ozpharlap Posted August 22, 2008 Report Share Posted August 22, 2008 This is a short extract on the law of Wills in regard to foreign assets but I utilize any example in the Australian context however, based on international principals it should be similar. Where the testator has assets in a foreign country, as well as an Australian jurisdiction, the efficacy of the will in that country will depend on its law. The Hague Convention of 5th October 1961 has been enacted in Australian jurisdictions (check the USA â?? it should be the same also) and, under this legislation, a will is to be treated as formally valid if its execution conformed to the internal law in force in the place where it was executed, or in the place where, at the time of its execution or of the testator's death, he or she was domiciled or had his or her habitual residence, or in a country of which, at either of those times, he or she was a national. It should be ascertained whether the Hague Convention or some other law applies in the foreign country in which the testator's assets are located and whether there is any substantive law in the foreign country which might prevent the will from effectively disposing of the testator's foreign assets, especially land or other immovables, in accordance with his or her wishes. It may be advisable to have separate wills for each country in which the testator has assets. Administrative difficulties can arise where the original will is held in one country and there are assets in another. The need for separate wills has, in practice, been obviated, to some extent, by the use of inter-vivos trusts and family companies. A will which is intended to operate in a foreign country must be formally valid and its provisions must be compatible with the law of the foreign country. The law of the foreign country might differ from our own in respect of the following: (a) the law of a foreign country may provide that the spouse or the children of the testator take a minimum fixed share of the estate, and that this cannot be reduced by will; ( guardianship arrangements for minor children will almost certainly differ from ours; © the law of trusts may be different in the foreign country or not exist; (d) the identity and role of the executor may differ from those in Australian jurisdictions; and (e) the taxation laws are likely to be different from our own. It may be necessary to seek advice from a law firm which practices in the foreign jurisdiction or from a local lawyer with knowledge of the law in that foreign jurisdiction. Hope this helps Link to comment Share on other sites More sharing options...
ozpharlap Posted August 22, 2008 Report Share Posted August 22, 2008 Now, here is some bush lawyer advice - for fcuk sake, pay a lawyer $150.00 to do your will instead of relying on those supposedly cheap will kits. It is the beneficiaries who suffer if there are any problems in the future. Coincidently, I am assisting my brother-in-law as against a lawyer where there is a problem with his late mother and, whether or not she had testamentary capacity to make the will. Seems the lawyers who did the will may run foul, and be sued, as they did not do basic checks if she could make a will (mind you, in my opinion, there is sufficient evidence she did have). The point is, if you do stuff it up, it is your fault and you have no redress, or does your intended beneficiaries. Link to comment Share on other sites More sharing options...
exit2dos Posted August 23, 2008 Report Share Posted August 23, 2008 If you die in your room or apartment, the manager notifies the police, who notify your embassy. The embassy picks up all your stuff and keeps it for a year. They try to find your next of kin or whoever legitimate party they can to claim your stuff and assets. If there is some kind of will and contact sheet they find, it will help. Or your loved ones, if any, will probably contact the state department and trace your whereabouts. Link to comment Share on other sites More sharing options...
ozpharlap Posted August 23, 2008 Report Share Posted August 23, 2008 Whilst your comments are spot on, personally, I think you're being a tad optimistic It is hard enough to stay in a Thailand hotel and trust your possessions will be safe whilst you are alive and kicking. Even in the west, if it is not a crime scene, the distant relatives within minutes of someoneâ??s untimely passing are there combing through your pockets, etc for anything of value. Don't see it being any different in Thailand, maybe worse in some establishments. Although there are far more good than bad, you just hear the worse always. Link to comment Share on other sites More sharing options...
Mike Goodtime Posted August 24, 2008 Author Report Share Posted August 24, 2008 Now, here is some bush lawyer advice - for fcuk sake, pay a lawyer $150.00 to do your will instead of relying on those supposedly cheap will kits. It is the beneficiaries who suffer if there are any problems in the future. The point is, if you do stuff it up, it is your fault and you have no redress, or does your intended beneficiaries. Hey, what do you have against cheap will kits? The guy who started www.legalzoom.com was one of O.J. Simpson's lawyers. I'm golden with my will! Plus the site said my will would cost at least 800 USD if I made the will through the traditional route. www.legalzoom.com just makes simple wills, which is what I need. If you have a more complicated circumstance then they will tell you to see a lawyer. It is totally legit. Also, I am simply making the will to disinherit some of my scum family members. If my will is messed up then it is just karma. If anyone screws with my will, I will be waiting in hell for them. Satan already gave me the job of handing out the ice cubes. Link to comment Share on other sites More sharing options...
ozpharlap Posted August 24, 2008 Report Share Posted August 24, 2008 If a lawyer quotes you $800.00 to do your will, then you obviously need a lawyer to do it or he is pissing in your pockets. Most lawyers, even if it's complicated would baulk charging more then $300.00. More than that, if youâ??re financial assets are so complicated you obviously need to get legal advice on in vivo trusts and family companies. Yes, even here we have will kits, but they come with big warnings if you owned anything more than a light bulb. Indeed, many countries or jurisdictions have family provision acts (legislation) where unwanted family members, indeed strangers, can attack your will even if you don't include them. If that is your scenario, you really do need to see a lawyer to cover all basics. Anyway, it is human nature these days not to pay lawyers based on myths and folklore - mind you, I have never heard a rich man complain about his lawyer (barring litigation where no one ever wins & usually based on an argument, where some poor sod did not have a lawyer in the first place) lawyers do a good job at a competitive rate. Link to comment Share on other sites More sharing options...
Mike Goodtime Posted August 24, 2008 Author Report Share Posted August 24, 2008 This is what pisses me off about the legal profession. I write a will and have it notorized with three witnesses present. And then the court allows so greedy, scum bag family member to contest it. WTF! It is clear cut. Case closed! No wonder the legal world is all screwed up. Once again greed wins. The other day someone told me you can put a clause in the will stating that if anyone contests the will then they are cut out of it-with the exception of spouse and children. I have no spouse or children-yeah! Also, the will kit I received seemed very detailed and complete. And I wrote nothing complicated. I will also make a video and send it to my heir. Video does not lie and it is hard to fake! Link to comment Share on other sites More sharing options...
ozpharlap Posted August 24, 2008 Report Share Posted August 24, 2008 Hey, it is not the greedy lawyers who contest the will, it is unhappy beneficiaries. However, I do agree that a lot of the times the law is an ass but they're only interpretinged stupid laws made by stupid policticians that stupid people vote in, go figure. I am sure your will is fine, I was just somewhat surprised you were quoted $800.00 to have it done, especially if as you say, it is quite simple. But, if you do decide on the video, do not have any background action happening on any shoot you may take in a bangkok hotel - maybe it will loose any credence attached to it Link to comment Share on other sites More sharing options...
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