I set up my Thai Last Will according to the Thai Civil Code all by myself - in three languages. Wasn't what I would call easy. However reading that you had your Thai Last Will set up by a lawyer, THAT of course is easy! 😄😄
I have heard stories that the Thai court executor approaches the beneficiary, asking for tea money. Without the court order, the beneficiary has no access to the bank account. Don't forget, this is Thailand, ranking pretty high on the list of corrupted countries
not as easy as you think . . . read my post, please. The Thai Last Will first must be acknowledged by a Thai court, and this can take up to 6 months. And the court executor might ask for tea money.
that only works if you pass away in your home country. She can then drain the account by ATM withdrawals. Later, if there is no activity on the account for more than one year, the account will be closed automatically. If you pass away inside Thailand, police will freeze the account. She would be comitting an offense if she started withdrawing money.
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 is recognized in 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 Germany. Nobody will hinder her. When there are no further account transactions for a period of one year, the account will be automatically closed.
If I pass away in Thailand, the situation is more complicated. The police will order my account frozen. Anyways, before this happens and if my girlfriend starts withdrawing money, she'll 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 any court executor could approach the heir and demand a bribe. You hear stories like this every now and then!
the daily limit at an ATM will enable her maybe two withdrawals, then the account will be frozen by the police. She will commit fraud if she withdraws at the ATM