Thai Will

magnum · Rookie Joined: 07 Jun 2007 Posts: 13 Location: UK

Can anyone advise on if I need a thai will to leave my leased property in Hua Hin to my son or will my UK will be sufficient.As anyone reccomendations of good reasonable Hua hin lawyer if needed. Cheers

Condoking · Specialist Joined: 23 Apr 2007 Posts: 176

Magnum,

I was advised by Siam legal, office outside market village by the exit roadway, that an International will is not recognised in Thailand. They did mine in Thai and English, English is a bit funny as it is a direct translation but the jist of what I wanted is there and I am assured the Thai is correct. Cost was about 26,000 baht, which compared well with the International one I had done in Dubai.

magnum · Rookie Joined: 07 Jun 2007 Posts: 13 Location: UK

Cheers Condoking will check that out on arrival
Magnum Cool

bircow · Posted: Thu Jun 14, 2007 9:43 pm Post subject:

Hi Magnum.

I'm a lawyer in Denmark - and that's not Thailand in anyway.

But, but ..... if you have leased your property, you don't own it and of course can't not make arrangments about whats going to happen, when you are no longer here.

If you want your son to step in the leasing-agrement, you have to talk to the people from whom you rented the property. It's actually up to them.

Norseman · Posted: Thu Jun 14, 2007 9:59 pm Post subject:

That sounds wise to me bircow.
If you rent a place,; how is it possible to transfer that rental further on to your children?
Makes no sense to me.

AND, British law has no jurisdiction in Thailand.

If you own the house, or the house is in your name, then your children will inherit this house.
Thai law is in accordance with the most common EU law in this matter.

But all sorts of leasing or renting is a contract between you and the owner, and I can't imagine that this contract has got anything to do with your heir.
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Gutte · Member Joined: 09 Jun 2006 Posts: 98 Location: Hua Hin

I had written my own will, in English and Swedish. But then somebody told me I should have it in Thai. So I recently asked a lawyer in HH to make a will for me, in accordance with what I had already written.

He did (for 12 000 Baht), in English!

When I was surprised he said: "Of course it must be in a language you can read. Otherwise you can't know what you are signing, and if you don't know what you are signing, your will is not valid."

That made sense to me. So I suggest you write your will in English and state in it that your assets in Thailand are to be distributed according to your will and that Thai law shall govern. Then make a separate will for your assets in your home country.

(I know this doesn't answer the thread's original post but I felt it was information worth putting forward in this context.)

magnum · Rookie Joined: 07 Jun 2007 Posts: 13 Location: UK

Sorry about confusion I own the house but lease the land its built on.
thanks for replies upto now. Embarassed

buksida · Posted: Fri Jun 15, 2007 1:54 am Post subject:

As far as I understand it bircow and Norseman are correct, you can have the property and the lease on the land put in a will to be transferred to your son if it is made in Thailand and in accordance with Thai law (farangs cannot own land) but the lease can be transferred.

However, as far as I understand you cannot transfer the title deed (chanote) for the land to your son unless he is Thai or has Thai citizenship, in which case he cannot take ownership of the land until he is 16. It will be put into a trust fund for him until such age.
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nevets · Professional Joined: 03 Apr 2007 Posts: 376

The way i see it, if the land is leased then when the lease is up , the owners of the lease can withdraw the lease and then say we dont want the house, take it away and use the land for another option or ,then they could just give you another lease but its not certain , so your wishes may not be carried out.

bircow · Posted: Fri Jun 15, 2007 3:43 am Post subject:

Thailand is politicly and practical organised with private ownership to values of any kind in principel the same way as the western world and many other countries in the rest of the world.
A characteristic with a system like that is that you are able to arrange whats going to happen with your values when you die.
Such rules about will's applay's (hope it's the right word in english) the citizens in the country, where you are resident. That means that the people you have favoured in your will, will take over what you own in accordance with the decisions in the will. Where your values psysicaly is to be found doesn't matter, of course.

Another things is putting another person in to a contractual relationship instead of yourself. That requires 'permission' in the (leasing)contract or later from the owner when the issue is on the agenda.

And ..... the people who takes over after you must of course isolated fill in any condition set up for using your values independent of whether you did/do or not.

Hope it makes sense friend. My english is not so god

bircow · Posted: Fri Jun 15, 2007 4:00 am Post subject:

Oh, I forgot Norseman .... you don't get released from a contract just because you die. Your obligations according to the contract then fall's on your estate.
In almost all western countries your heirs is not automaticly responsable for your obligations. They can wait till your values and dept is stated, before they decide whether they want to 'take over' after you or not.

And to be specific Magnum - you must make your will where you are resident. It applay's your values no matter where there are. No reason to make a will in Thailand, if that's not the place

Jockey · Ace Joined: 27 Jan 2003 Posts: 1851

Here is a suggestion to save confusion - change the lease so that it is made out to BOTH yourself and your son (your son will need to sign a new lease agreement). I think this is possible to make out a lease to more than one person but I may be wrong. Check it out.

BTW - 26,000 baht to make a will (IMO) is extortionate! That's more than UK prices! You can get a legal will in the UK for 50 quid (about 4,000 baht). I would pay no more than 5,000 baht for a will made over here.

da · Specialist Joined: 04 May 2007 Posts: 152

I reccomend a will drawn up in concert with a Thai attorney that covers your needs but written up in a way acceptable to the Thai legal system.
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sam · Specialist Joined: 25 May 2005 Posts: 164

We had a will drawn up in thai and english with copies for the recipients by a lawyer in Hua Hin for 5,000 baht. I will pm details if required.

gooze · Specialist Joined: 20 Apr 2007 Posts: 170

Firstly you are all correct any leases or houses will require a will made in Thailand with a lawyer. I would also advise that when doing this you also pay a small fee to the lawyer to execute the will on your behalf. Also get it written in Thai and English.

Now to put the cat amnongst the pidgens. Hypothetical scenairio, your Thai partner gives you a thirty year lease on your property. She dies and the estate goes to her family, where do you stand upon renewal of your lease?.

The answer is that unless it is written into your lease contract that the heirs to the land must comply with the lease terms you are f-----d.

I know that this may sound common sense and that it is. However I have encountered many leases which have no clause for this possible case scenairio.

And by the way 26,000 THB for a will is extortionate it should be less than half that.