YOUR LAST WILL & TESTAMENT

Do it now! One day it WILL be too late!

A Will is an incredibly important document and yet despite that fact, many people put off the writing of a will and some depart this life without having made a will whatsoever, leaving behind them unimaginably enormous problems for family, friends, and business colleagues.

Then, there are those of us who execute a will but fail to store it safely or to notify others (executors) where the will can be found. The result? The same as the above, unimaginable problems and you are no longer around to help.

So, how does one keep the will safe? Perhaps the simplest way to answer that is to point out where one should not place a will for safekeeping.

No: 1 place to “Not to Store Your Will’ - is your home. Why?

Because it could get lost, stolen, damaged and may be viewed inappropriately.

Additional Note: When we refer to a Will we are referring to a properly drafted Will.

The Will making process

Our Legal Advisor or Lawyer will guide you through the Will making process ensuring that your every wish is properly recorded and that the Will is a legally acceptable document under Thai law.

We will also have it translated into Thai Language and certified.
Following that, we will then ask you to provide us with the contact details of those people (executors) that you would like us to notify on the event of your death.

Additionally, we advise you to allow us to inform your Embassy that you have made a Will and that it is under our safekeeping.

Once completed, the Will is placed in its own package, sealed, bar coded and deposited in a security box within the strong room.

Should you wish to change the Will at any time such as modify, delete, qualify, or revoke provisions contained in it (codicils) then you simply instruct us to make the Will available to you at a specific date and time. Keeping your Will up to date is very important.

Important note:
Informing your Embassy of your Last Will and Testament:

Notifying the Embassy is very important as very often the local police will contact your Embassy after being informed of your death. The Embassy then has the unenviable task of trying to locate your next of kin (usually in your homeland) to inform them of your demise. This can be a long and arduous affair and is incredibly time-consuming for the Embassy staff. Additionally, Thai partners would undoubtedly find the situation frustrating at a time when their partner (you) is no longer around to help and support them.

If your Embassy is aware that you have made a Will and further, where that Will is located, they can notify us immediately and then we in turn contact your executers regardless of whether they are here in Thailand or anywhere else in the world.
You should;

• produce a list of your estate: such as property, investments, bank savings accounts, life policies, shares, bonds, pension funds, and Goods and Chattels
• produce a list of your debts: what you owe such as mortgage, loans and other commitments
• clearly state who the beneficiary (ies)* are: those who will benefit from your estate: family, friends and charities, what each beneficiary will inherit; property, antiques, savings accounts etcetera and the proportions
• decide what sorts of ‘gifts’ to leave: an amount of money or specific items
• nominate your executors**: these should be people whom you know and trust and will be able and willing to ensure that your wishes within the Will are carried out
• make a list of any other questions that you may have and put to our lawyer

We will;

• help you with the different types of inheritance. Our lawyer will give advice on the benefits of the different types of inheritance
• ensure that your Will is correctly drawn up and that your Will has been drafted in accordance with your wishes, ensure it is executed and witnessed properly
• have it translated into Thai Language and certified
• keep your Will safe in a strong-room and retain a copy for your reference
• make sure your executors know where to locate your Will.

Points to consider

• protect your assets here - make a separate Will for Thailand
• make a Will for your assets elsewhere i.e., your homeland
• clarify your wishes regarding funeral rites and the location
• provide instructions on how and to where your remains should be transported
• specify if you wish to donate your organs
• witnesses to your signing the Will should not be beneficiaries
• review your Will regularly particularly whenever your circumstances change.

* Beneficiary: person(s) or organisation(s) designated to receive the benefits of your estate
** Executors: person(s) named in a will to manage the estate

Do it now! One day it WILL be too late!