Expat needs to make a will

Niltava

Hello everybody,

I'm a UK national living in Thailand since 2002 and plan to stay here for the foreseeable future. My wife is a dual American-Thai national.

All of my assests including cash, investments and pension funds are UK based. Our property is in Thailand and in my wife's name.

Neither of us have wills at the moment (definately our biggest failing in our financial planning), so my question is: can I make my will in the UK? It seems to make sense for me to do this because all my assets are there and, believe it or not, the cost of doing so in Thailand seems to be the same or higher than in the UK.

I'll be visiting the UK next month, so if possible would like to arrange it during my visit.

Thanks for your advice!

Niltava

pauletruth

not sure but i think it would have to be a thai one.

dzug1

You can easily make a will when in the UK.


Problem is whether the Thai authorities will accept it, whether for your UK assets or your Thai ones or both - and on that you are going to need local advice.

uk_american

I have looked into this topic previously, although with a different configuration. I am a US person with US + UK assets, legally resident in the UK.

I have been informed that 'where you are legally resident' has control of how your assets are controlled at death in the US/UK situation.

I had a US will only. I was instructed that if I were to die without a UK version, it would be the equivalent of *having no will* in the eyes of the UK. The instruction was to register my US will in the UK.

Not sure if Thai/UK processes are similar, but as there are many links between these countries, should be an easy thing to research on expat forums. Otherwise, check the Thai law, then the UK law to see how they would proceed in such an event.

Well done on getting things sorted.

madbadrob

Any assets in the UK on death will be dealt with under UK probate law (i should say England and Wales or Scottish or Irish) ANy assets held overseas would be dealt with by that countries laws on probate. Therefore you should have wills in both countries.

Rob

Niltava

madbadrob wrote: »

Any assets in the UK on death will be dealt with under UK probate law (i should say England and Wales or Scottish or Irish) ANy assets held overseas would be dealt with by that countries laws on probate. Therefore you should have wills in both countries.

Rob

Thanks for this, and the other replies.

As mentioned in my opening email, all my assets are in the UK, so am I correct in thinking that I only need a will in the UK?

Thanks again.

Niltava

mrspanda_2

Hi,

I am a Brit living in the US. Advice we received both sides of the pond is to have a UK will for UK assets and a US will for US assets. Trying to combine both into one isn't recommended as the stipulations written in the will for the second country would have no real basis in the first country's law.

madbadrob

A UK will should cover the assets in this country however you may want to seek advice from a Thai Lawyer.

http://www.isaanlawyers.com/Wills%20in%20Thailand.pdf

Explains but not in detail easily for someone with no legal training

Rob