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Thread: Will making

  1. #1
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    Will making

    Antone any ideas/contacts etc for making a Will here in Thailand.

    Need to do this so BF doesn't loose the cars, bikes and bank accounts when the day comes.

    Cheers


  2. #2
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    Re: Will making

    Should have asked also about prices etc. have a Lawyer ???? where I live who quotes 10K to do the necessary paperwork.

  3. #3
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    Re: Will making

    A lawyer speaking to the Pattaya City Expats Club in September 2008 provided the following information regarding wills in Thailand:

    • In Thailand, wills do not have to be written in Thai. However, a Thai translation will be required by the courts to process the will. In Thailand, one can make a handwritten will or they can have it prepared by a lawyer. A will made in another country might be valid in Thailand, but one should consult with a Thai lawyer as Thai law governing wills may be different from their own country.

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    Re: Will making

    It's important. And the greater the monetary value, the more important it is.

    Typical price is 10k to 12k when done by an actual lawyer.

    Without a proper Will, your b/f could end up spending much much more than that making his case to the government, your bank, your embassy, your relatives, etc.

  5. #5
    Forum's veteran TrongpaiExpat's Avatar
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    Re: Will making

    р╣НYou might consider an annuity. I have seen quite a few Thai boys come into a sizable inheritance and squander it all in a short time. The pressure from family and friends it more than most Thai boys can manage when they come into money.
    E Dok Tong

  6. #6
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    Re: Will making

    Quote Originally Posted by mahjongguy
    Without a proper Will, your b/f could end up spending much much more than that making his case to the government, your bank, your embassy, your relatives, etc.
    "Without a proper will" he has nothing - same sex relationships have no validity in Thailand, even if registered overseas. This topic has been covered at length and in detail previously, as a search will show.

  7. #7
    Forum's veteran Smiles's Avatar
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    Re: Will making

    Let's say: I purchase an on-ground townhouse in Thailand. My Thai partner would also be my "business" partner in that he would (legally) fulfill the need to acknowledge 50%-Thai-ownership clause regarding farang owning land.

    So, would there even need to be a will for him to become automatically full owner of the townhouse in the event of me kicking the bucket?
    I understand the need for a legal Thai will regarding assets above and beyond the townhouse itself, but I was wondering whether it would be necessary in the townhouse part . . . seeing as how he would have 50% ownership anyway?

    FYI: none of this scenario has actually happened ... it's just a question for (possibly) future consideration.
    Just another reason why I love living in Thailand


  8. #8
    Forum's veteran Bob's Avatar
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    Re: Will making

    Quote Originally Posted by Smiles
    Let's say: I purchase an on-ground townhouse in Thailand. My Thai partner would also be my "business" partner in that he would (legally) fulfill the need to acknowledge 50%-Thai-ownership clause regarding farang owning land.

    So, would there even need to be a will for him to become automatically full owner of the townhouse in the event of me kicking the bucket?
    I understand the need for a legal Thai will regarding assets above and beyond the townhouse itself, but I was wondering whether it would be necessary in the townhouse part . . . seeing as how he would have 50% ownership anyway?
    Somewhat of a guess but:
    1) I think you're thinking of the corporation deal but I think it's required to be owned 51% by "kon Thai." I don't believe you as a falang can directly own real estate, even a percentage of it (not counting the condo issue).
    2) Presuming you're doing the corporation thing, your death wouldn't automatically transfer your percentage to anybody - so, yea, think you'd need a Thai will to do that.

  9. #9
    Forum's veteran Smiles's Avatar
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    Re: Will making

    Quote Originally Posted by Bob
    " ... Somewhat of a guess but:
    1) I think you're thinking of the corporation deal but I think it's required to be owned 51% by "kon Thai." I don't believe you as a falang can directly own real estate, even a percentage of it (not counting the condo issue).
    2) Presuming you're doing the corporation thing, your death wouldn't automatically transfer your percentage to anybody - so, yea, think you'd need a Thai will to do that
    ... "
    If I can "never own real estate directly" then who would own the other 49%? Buddha?
    Just another reason why I love living in Thailand


  10. #10
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    Re: Will making

    Quote Originally Posted by Smiles
    If I can "never own real estate directly" then who would own the other 49%? Buddha?
    The answer to that would be in the Thai company document which was used to purchase the house, but however it is expressed in the charter it would be disasterous not to cover it with an ironclad Thai Will.

    As you know, the use of Thai companies to circumvent Thai law regarding foreign ownership came under much closer scrutiny beginning a year ago. Some say that using a company formed before then is "safer" but I have my doubts.

    I bought a house last June using the 30-year lease method, but certainly that's not suitable for everyone. We can discuss that offline if you wish.

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