Is it worth giving up a DTV for a Non-B visa when offered a short-term job in Thailand?

In the USA and probably some other countries we have “pay on death” bank accounts and the ability to specify beneficiaries of other types of retirement or financial accounts. In that case, if you die, the account is automatically transferred to the named beneficiary without any need tor a will. If you do that for all your financial accounts, the only thing left to be covered by a will would be real estate and tangible personal property.

Is an arrangement like that available in Thailand?

When my husband died 7 years ago we had a will. With a lawyer it was all sorted very quickly, no problems! I will is essential in most countries where you have assets

Can anyone recommend a solicitor in Phuket?

250 baht. 30 minutes. Simple.

To register a will legally at your local district office (Amphur) in Thailand, you can execute a "Public Will" (Phinittayakam Ekasan Fai Muang). This is an official, fully legal process recorded and kept safely by government officials.

Key RequirementsLocation: Any Amphur or Khet (district office) in Thailand.

Official Language: The entire process and documentation must be completed in Thai. If you do not read or speak Thai, you will need to arrange an official translator.Witnesses: You must bring two witnesses who are not mentioned as beneficiaries in your will.

Identification: Bring your original Passport (for foreigners) or Thai ID Card (for Thai nationals) and house registration.

Costs & TimelineRegistration Fee: The administrative fee is typically ≈ 250 THB per document.

Witnesses: If you cannot bring your own witnesses, the Amphur can provide them for a small allowance of ≤ 50 THB per witness.

Time: The procedure generally takes 30 minutes to a few hours to process.

The ProcessPrepare Your Instructions: You orally declare your wishes to the registrar (Amphur official) in front of your two witnesses.Official Drafting: The registrar notes your declaration down in Thai script.Reading: The registrar reads the documented will back to you and the witnesses.

Signatures: You, the witnesses, and the registrar all sign the document.

Storage: The official registrar seals the will and registers it in the official records. You may request a certified copy for your personal records.

Register a will at the local amphur, the same as millions of Thais. A few baht. Fully legal. No lawyers needed.

Yes even if it is just to cover your Baht 800k.

I own nothing in Thailand everything is in my wifes name, no need for a Will.

I've heard some horror stories about the opposite... What happens when your Thai wife dies before you...

I have a 7 years age gap with my wife and ofcourse everything is in my wife her name and i have zero problems with that.

But we definitely need a Thai will from her because when she pass away before me everything will go to her son (my stephson) who is under age.

If she die before her son become 18 that will mean that her family are in control of her son and his inheritance....

My wife said we need 100% a Thai will because of that.

If there is no will the power of attorney goes to the emergency contact from the passport

While it is also possible to draft a handwritten will, this is associated with considerable uncertainty in Thailand. It is better to draft a will strictly according to the letter of law according to the Thai Civil Code.

You can have a Thai Last Will set up at a lawyer’s office, or download a Thai Last Will template from the internet (check out samuiforsale dot com).

"Thai Last Will" in this case means that it is drafted and designed according to the provisions of the Thai Civil Code.

This will therefore will be recognized inside Thailand, but it only refers to your belongings inside Thailand. The Last Will you might have set up in your home country is NOT valid inside Thailand.

I can bequeath only personal belongings and possessions located in Thailand. For any property in my home country, a separate Last Will is required.

Each item in my possession must be individually listed in the Last Will. For example, my bank account containing the +800,000 THB baht deposit which I use for my annual "retirement extension," the car, and all of my personal belongings.

The Last Will template obtained from the “samuiforsale” website came as a WORD .doc template. The text can be modified and edited, the template can be tailored to your own needs and requirements.

I first wrote all sections in my native language. I then sent the half-finished template to an embassy recommended translation office, asking them to translate my text into Thai and add it into the template. That’s what they did.

Then I went to the Amphoe, together with my girlfriend and two witnesses (she being named as the “beneficiary” and the "executor" in my Last Will).

On the Amphoe, each page was read out aloud, signed by the witnesses, my girlfriend and me, and got stamped by the Amphur. They did so with every single page. My Last Will consisted of 16 pages.

The head of the office, who did the reading, praised the Thai text as being excellent.

We submitted THREE copies, all of which were stamped and signed by the Amphur.

One of these copies remained, sealed inside an envelope, on the Amphur. We took back home the other two copies.

One copy is intended to be mailed to my country’s embassy in Bangkok in the event of my death, in an addressed envelope, as it states my sincere wish that my remains should not be transferred to my home country, that instead, my girlfriend as my executor can order my remains to be locally cremated inside Thailand.

Should I pass away in my home country, my girlfriend can empty my bank account, as the debit card and bankbook will remain with her during my stay in my home country. Nobody will hinder her. When there are no further account transactions for a period of one year, the account will be automatically be closed.

If I pass away in Thailand, the situation is more complicated. The police will order my bank account to be frozen. Anyways, before this happens and if my girlfriend starts withdrawing money, she would be committing fraud and an offense.

The Thai Last Will always has to be approved by a Thai court first. This process can take up to six months (!)

It should also be mentioned that some court executors could approach the heir and demand a bribe. You hear stories like this every now and then!

I made a will with a Uk solicitor, Along with a letter of wishes. Will not go into it except that the wishes exclude certain people from making a claim on my estate. I then had it all translated into Thai and verified as a true copy.

My dad just died over here. No thai will. Now i have to go to court (50k thb) to try to retrive 500k from his thai bank account. Its a real ball ache. I have to physically go to court.. so your executors have to physically come to thailand and fight a court case against the government to reclaim your assets if no thai will

Also need to think about if your wife dies before you. If no will you could be exposed in several ways, especially where assets and property are involved. Potentially you could lose your transport, somewhere to live and of course no more extention Thai wife. A valid well thought through will is essential IMO.

Should have Thai will regarding Thai assets at least. And a home will regarding home assets.

Why...

My Thai wife of 37 years owns all of our assets in Thailand except for my Thai bank account. She has joint ownership of everything we have overseas. Most importantly, she already knows to empty my Thai bank account by way of transferring all funds immediately upon my passing. If she were to wait on this, it would be years before Thai authorities would release the funds, even if you have a will. A will sounds good, but in Thailand it is likely to be just an expensive piece of paper.

How will bank get information about someone's death???

yes I do with a doctor, a lawyer and 2 witnesses from a hospital, no aggressive treatment to keep me alive like a plant and my wife in case that I cannot speak anymore is designated as my trusted person in this will.

mine is in my home country, if the springs want it, will have to travel to take over.

Made my will 1 month ago. Thai & English. It cost 1,500 baht.

Basically write your will stating exactly what your wife to have.

Get it officially translated, then go to the local amphur to register it

Yes, we not only need to think about health insurance, but also about our will and an advance healthcare directive

🥴

I'm not sure I will be able to help with my experience. But probably partially. I was not an expat living in Phuket. I was a condo owner with my husband, who unfortunately passed away not much after we became joint owners of an apartment.. He had no will. When I decided I want to sell (after over 7 years of ownership) my real estate agent advised I get an English speaking Thai lawyer. That I did before I went for my next 3 month visit of the year. Before leaving my country I received a list of all the documents I needed to gather and take with me: marriage certificate, death certificate, if there are children left behind then their consent that I can be the executor of my late husband's estate - signed and sealed by a notary public. I also needed to get my husband's parents' consent. As they passed away then their death certificates. It seems that in Thailand the deceased's parents are also heirs. Everything had to be translated to Thai. Some documents I couldn't have translated because I ran out of time because of my trip to Phuket. But it was fairly easy to have them put into Thai locally. And it wasn't even as expensive as in my country. All these documents are needed because a probate hearing is conducted in the Thai court. The documents prove that you can become the executor and sell your deceased partner's half of the real estate and finalise anything that needs to be done. The process would have been slightly easier if I would have had an official will from my country done by a lawyer. And I would underline the official. Because something drafted between 2 people is not accepted. The will must also be translated. With an official will you do not have to get the above mentioned documents. Only the marriage and death certificates. Whichever version you go through - meaning will or no will - the Thai law says that a probate hearing must be conducted in Thailand. And for that a local lawyer is definitely needed. The whole process took me nearly 3 months. The lawyer has to make an appointment with the court - which of course takes time. Then after the hearing you get the final probate order after 30 days, sometime maybe more. With the final probate order, you can sell the real estate and have it transferred to the buyer in the land office. Also have access to the bank account and transfer the money to wherever you want it. This "ordeal" is quite recent so nothing is outdated as of yet of what I've written. I do not know how this process will change over the years. But you cannot do anything without a local lawyer. You definitely need one.

Michael,

If you have assets in Thailand it would be sensible.

@Sansanee **********

has worked on estates where there was no Last Will & Testament. It's slower and costs more in the end.

We do have wills here.

Lawyer Tom is excellent and his English is great.

PM me for his details if you want.

Reasonable rates.

One common misconception is that a spouse can simply access the deceased person’s bank account if they know the PIN number, ATM card, passbook, or online banking password. In reality, once a bank is notified of a death, the account is normally frozen and becomes part of the estate. The bank will usually require a court-appointed estate administrator before releasing fund. How will bank get information about someone's death???

Call Brian Ramsden at Lawyers for expats..

I strongly recommend that everyone has a Will for their assets in their home country, and a separate Will in Thailand. It is possible to get precedents for a simple Will from the internet, with instructions how to have it witnessed to make it legal, etc. but if you are in any way unsure, then there are a multitude of local lawyers (including some foreign qualified lawyers) who are competent to make Wills for both Thailand and even your home country (as I am not aware of any jurisdiction that actually requires the Will to be made and witnessed in your home country - or state, as some countries like Canada, America and Australia, have slightly differing requirements according to local state or province laws). For those that say that you have no assets in Thailand, or even your home country, your body is your greatest asset, and a Will should make provision for the disposal of your remains (it is not much point having e.g. a Thai Will only and then dying when you return to your home country). As a matter of law, it is possible to have a Thai Will enforced in a foreign jurisdiction, and vice versa, but there are difficulties in the practicalities, including the fact that you will need to prove probate in one country before even starting the process in the other country, so the reality is that nearly all lawyers will recommend separate wills for separate jurisdictions for nearly everyone.

If you have assets in Thailand, you should have a Thai will.

Any other legal agreement won't nessasarily be legally enforceable in any other country. We have two wills, each serving in there own country.

What happens with joint bank accounts , in the names of both husband and wives, when one party dies?

I made a Will in Thailand, earlier this Year. And was told, that Probate in Thailand takes 18 Months it was made, thinking that it would make things easier, for my Wife to Access Bank Account For Funeral Expenses etc. This is not an option, in that time Frame, so a seperate Bank Account in her name was my Solution. So she can pay the Temple for Cremation, and other expenses till the will in the UK is Settled. Hope this helps.

Great question and something too often overlooked. It can be a difficult enough time for those you leave behind. You owe it to those you love to have the foresight to do the right thing. Proceedire is Similar to Europe and the US.

When you die you no longer exist in law. To realise your assets that requires Court activated Probate. Your executor does just that and only that. Executes the content of your will. No more, no less. Seperate your assets here and where you came from.

Do sort out you affairs back home with a valid will that will stand up in law. As well as a Thai will. Which is particularly important if you are NOT married. Otherwise it can become a terrible mess to unravel. Your estate may end up someplace you never wished it to be. Insist on Copies in English and Thai. Nominate an executor you trust and preferably Thai. Sealed Copy of the will at home and another with your Lawyer. It’s not onerous or expensive. Just sensible

They still may not need a Will , unless the estate is sizable or complex. If that is the case professional advice is required- and not from a generalistic Internet forum

I made one time a Thai will, and years later a will which goes according to the law of my home country. It all depends on were the assets are ..... in Thailand or abroad ...... if you die here in Thailand and you have a house in Austria that house your Thai wife will NOT get since your dead is handled at the Thai law in Thailand only .... You need to make a will in Austria (registerd at an Austrian gov. institution) which says that you want your Austrian will according to the Austrian law settled regardless where you die. Then an Austria Notary will auction your house and send the money to your wife.

Yes

I am dealing with Bryan at Lawyers for Expat very helpful. +66 95 658 3038 Best is to chat with him on what's up

I don’t have a will in Thailand but now, I 100% need one. Life can be unpredictable. Good post 👍🏻

There seems to be a lot of confusion among expats about wills in Thailand, so I did a little research.

If a foreigner dies in Thailand without a valid will, Thai inheritance law decides who inherits the estate according to a fixed order of heirs. This may not always match the wishes of the deceased.

One common misconception is that a spouse can simply access the deceased person’s bank account if they know the PIN number, ATM card, passbook, or online banking password. In reality, once a bank is notified of a death, the account is normally frozen and becomes part of the estate. The bank will usually require a court-appointed estate administrator before releasing funds.

A Thai will can cover assets such as bank accounts, condominiums, vehicles, investments, and personal possessions. It can also specify who receives which assets and who will act as the executor of the estate.

Many legal professionals recommend that foreigners have two separate wills: one covering assets in their home country and another covering assets located in Thailand. This can make the administration of the estate much easier.

A lawyer is not legally required to make a will in Thailand. A basic will can be valid if it is written, dated, signed by the person making the will, and witnessed by at least two witnesses. However, for foreigners with assets in more than one country, professional legal advice is often recommended.

The cost of having a professionally drafted will in Thailand typically ranges from around 10,000 to 50,000 baht, depending on the complexity of the estate.

Even if there is a valid will, the executor will usually still need to obtain court authority before transferring certain assets such as bank accounts, vehicles, or property. If there are no disputes, the process is generally straightforward.

For British expats, pensions can be more complicated. Different rules apply to the UK State Pension, workplace pensions, private pensions, and government pension schemes. Some pensions stop on death, some provide survivor benefits, and some may pay a lump sum. The exact outcome depends on the type of pension involved.

For anyone with a Thai spouse, Thai bank accounts, property, vehicles, or significant savings in Thailand, having a properly drafted Thai will can save family members a great deal of time, stress, and expense in the future.

Yes. And you need one here 100% if you have assets in Thailand. House, car, bank accounts etc. You need a Thai will. Full stop

I just created this and let me know what you think.

Both my Thai wife and I have made wills over here. One of the executors is the lawyer who drew up the will. Makes life a great deal easier when the time comes.

I also have a UK will for the monetary assets there.

As Thailand does not have Trusts the next best thing is to have a Will for any assets You have in Thailand. Your Thai estate still has to go through probate but a will is beneficial in declaring next of kin and who gets what. If you also have assets in another or other home Country it is advisable to have a trust or will for those assets as well.

I have a Thai Will and a Thai Living Will. I had my Thai Lawyer so it for me.

it goes to my wife. don’t need a will

I did.

Correct to do if you have any compassion for anyone/ wife/girlfriend.

Just go to a good lawyer.

“God forbid” Bro, Nobody gets out of here Alive!!

Why do you think that you need a Thai Will?; many expats have little or no assets in Thailand . If you think that you do, a simple Will can be obtained for 3,000 Baht; you can do it for free at your local amphur. I plan to have zero assets in Thailand and any bank accounts can be cleared out electronically (not legal, but practical and it avoids circa 30k of lawyers costs in obtaining Probate).

Get a will done by a professional. This is not your country

Yes you need one for Thailand

And one in your home country

Even with the Thai will lawyers will get a piece of the pie in probate. There is no ability to do a trust easily transferring the inheritance.

It’s an issue I don’t like but the price paid to live in Thailand.

I have a will made out in UK for assets there, but also had one done in Thailand for affairs here. It's made out in English and Thai. 3 copies...1 with my son in UK, 1 at my place in Thailand and 1 with the Thai lawyer.

I made a thai will along with another global will which refers to a thai will. The thai one is to avoid any language or legal problems here.

See Dougs reply. Even money in bank acc will be a nightmare for relatives without you having a will.

If you have assets in Thailand that need to be disposed of you absolutely need one, if you don't want delays in probate

Absolutely, and it isn't expensive.

Your will doesn't need to be Thai. I mean, it can be Thai or else.

I don't have a will yet, but I checked with my lawyer only days ago. They can make a will for me. If I want it in thai and english it will cost 8000 baht, if it is only in thai it will Cost only 5000 baht. It is recommended to make one in Thailand, a will from other countries is not valid in Thailand.

A Thai will is worthwhile if you have assets in Thailand including bank, property, vehicles, etc. However, the process isn’t easy even with a will. For example, the will has to be probated and a judge sign off on it for a bank to release your money. I’ve been told that even then, banks don’t make it easy.

My philosophy on this is simple

When I expire, it’s no longer my problem

Following