Making A Will For Gay Partner, Is it possible in Thailand?

[travelerjim]

Thaivisa.com has a good discussion on this subject of importance to many of us.

Making A Will For Gay Partner, Is it possible in Thailand?

http://www.thaivisa.com/forum/index.php ... pic=105247 (http://www.thaivisa.com/forum/index.php?showtopic=105247) .

"My partner (Thai) and I (farang) want to make wills naming each other as sole beneficiary. (The "estates" consist primarily of property and bank accounts.)

Is this possible? Could a relative (his closest relative is his brother) have the will overturned in court?

A related question: I own a condominium and he owns a house. Presumably there would be no problem for him to inherit the condo; but what happens when/if a foreigner inherits a house?"

Many responses to this posed questions followed....including this one:

QUOTE
I haven't a clue why you think your sexual orientation has anything to do with anything.

Which was responded by a seasoned veteran of the Thaivisa board:

"I can think of a good reason.

If same sex partnerships are not legally recognized where the will is being enacted then it might be possible for a sibling, or parent to claim a relationship/dependency etc which takes overriding precedence to that of the same sex partner. If the relationship is not recognized then the challenge may be 'family' against 'friend' with all the garbage that might be loaded on the surviving same sex partner.

So I think the question is very valid. I'd suggest the OP speaks to a lawyer working in the jurisdiction where the will is enacted.

If there is property/wealth in two jurisdictions consider two wills and take legal advice for both".

and more...


TJ

Thaivisa.com has a good discussion on this subject of importance to many of us.

Making A Will For Gay Partner, Is it possible in Thailand?

http://www.thaivisa.com/forum/index.php ... pic=105247 (http://www.thaivisa.com/forum/index.php?showtopic=105247) .

"My partner (Thai) and I (farang) want to make wills naming each other as sole beneficiary. (The "estates" consist primarily of property and bank accounts.)

Is this possible? Could a relative (his closest relative is his brother) have the will overturned in court?

A related question: I own a condominium and he owns a house. Presumably there would be no problem for him to inherit the condo; but what happens when/if a foreigner inherits a house?"

Many responses to this posed questions followed....including this one:

QUOTE
I haven't a clue why you think your sexual orientation has anything to do with anything.

Which was responded by a seasoned veteran of the Thaivisa board:

"I can think of a good reason.

If same sex partnerships are not legally recognized where the will is being enacted then it might be possible for a sibling, or parent to claim a relationship/dependency etc which takes overriding precedence to that of the same sex partner. If the relationship is not recognized then the challenge may be 'family' against 'friend' with all the garbage that might be loaded on the surviving same sex partner.

So I think the question is very valid. I'd suggest the OP speaks to a lawyer working in the jurisdiction where the will is enacted.

If there is property/wealth in two jurisdictions consider two wills and take legal advice for both".

and more...


TJ

Yes, you can do. There isn't any problem.

You cannot inherit grounds from your Thai partner, but Condo isn't any problem. You cannot inherit anything which a foreign person cannot own legally in Thailand, i.e. farms.

If there is something else of parts of large value, it might be wise to set up a company. Inheriting company shares isn’t any problem either.

You should write the entire will with your own hands (no typewriter, computer printer etc.), add time and date to it before singing. Have it translated into Thai and add a translation to your will. Just in case: it here is any difference, only the original will be valid!

Take it to your nearest consulate. They act as notary to have a stamp on it. You can also consult the consular registrars for details; they will know more and surely assist you. This is a free service. And you will not be the first one asking.

Your Thai friend should consult the local Civil Court. He can do the same. The copy can be left with the court and will be opened as soon as the court gets a notice that one of you pasted away. They charge a small fee for this service.

You can also ask a reputable, good international lawyer. Lawyer’s fees are all the same in Thailand- but results vary ….

Good luck.

[TrongpaiExpat]

Seeking specific legal advise on a message board is not very wise BUT, a trust is a good idea. I have seen a few Thai boys blow a small fortune in a very short time. Most have no idea how to manage money.

I have been told many times you must have a Will in your home country for the assets that are there.. and a will in thailand for the thai assests. Thailand will not honor any wills executed in a foreign country.

In Western countries a will has to be honoured by law as long as it formally correct – and can be written everywhere in the world. In order to sure that you will is honoured in both or any country; consulting your nearest consulate is very wise; they do know exactly what you need to do and will advise you accordingly – and for free.

Any legal document need to be presented in the official language of the court who rules about this, i.e. a will or contract. Therefore a Thai court will only accept a will in Thai language. If you present documents to a magistrate court in i.e. Yorkshire or Bavaria, they will look very puzzled if there are written in Thai language and demand all in there local language. This is where troubles starts since a translation can usually not be done either one by one regarding the wording or logic content; try to avoid creation of are happy moments for lawyers…..

If the partnership is registered legally (similar to marriage agreements) even a pension can be part of the legacy. In some countries you need to proof a minimum of years, common are three years. In Thailand homosexual partners can not marry each other legally. Only what you can do is an informal Buddhist ceremony. But for a “marriage” you don’t need to go to your home country, this can be done at the consulate as well.

You’re planning to do a big step in your life. Be prepared for some battles with officials. Thailand is no exception.

What people keep telling what happened to legacies after on partner has died, is of no importance. I know some who did very well and invested there newly added fortune with sense and respect.

A very view people in Thailand just did blow what they inherited. It wasn’t that much and happened also in good Buddhist’s tradition. To understand this you need to know a lot about Thai culture and Buddhism. Actually, if I remember correctly, I definitely know more people outside of Thailand who did just the same, without being Thai or Buddhists.

Belongings are just trouble. Everyone, especially the taxman is after them. You need to take care and extra caution at any time to protect all your goodies. But once you’re cold, this will not bother you any more….

Seeking specific legal advise on a message board is not very wise BUT, a trust is a good idea. I have seen a few Thai boys blow a small fortune in a very short time. Most have no idea how to manage money.

Seeking advice is generally not a bad idea. Any source might do.

The trick is, to remember that is a message board only, without any obligation. But nevertheless, getting some clue's what could be behind, and maybe learning from others experiences is also responsible. If some is seeking legal advice he should at least have a slight idea what he need to talk about - or what not. Therefore even this message board is useful.

Most people usually are careful with there belongings.

Money never liked Thailand nor Thai's; that's a petty and fact which can be observed too often. Thai money sometimes just disappears towards Singapore, ends up on off shore bank accounts - or even sometimes in club owner’s pockets.

But most Thai people I know well are indeed careful with there money and investing sense fully.

It’s easy to point at some negative examples which are spending cash easy handed while ignoring the majority who is carefully saving and investing rather well.

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. But for a “marriage” you don’t need to go to your home country, this can be done at the consulate as well.

Y.

Sorry but you are wrong. I have already researched this. Thailand does not allow civil partnership ceremonies to be held at the British Embassy in Bangkok. When the UK government requested this to happen last year, the Thai authorities turned down the request.

Well, the French embassy does. I've attended twice a partnership ceremony there which was on both occasions very nicely done. One time we even had pictures with report published in The Nation.

This is what I've mentioned before. Please ask always your consulate first. Anything can change - and they know exactly what is possible and all requirements needed. If it's not possible in Thailand anymore, Laos might be another option and is close by.

On the other side, any embassy or consulate in Thailand is always exterritorial where Thai law doesn't apply. I wonder why they ask Thai authorities for anything like it; this would an internal foreign affair.

You can also inquire with your ministry for foreign affairs and they will let you knew more. They should be able to send you also on request the relevant regulations in writing.