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  1. #1
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    Default Want To Arrange My Will

    As the title says i want to arrange my will very shortly.
    I dont wanna be will-less, and cause a nightmare for my wife and family.

    I am after some good advice. Maybe some of you have done the same thing.
    I am married to a thai lady for just under a year now.
    I am 52 years old, And i wonder if i will occur any problems as my thai wife is not a uk citizen. She is currently here on her settlement visa.



    You never know whats going to happen in the future, and just being careful .
    My dad died without a will at a early age, and it caused a nightmare for everyone.

    Hope this post don't sound too morbid.

  2. #2

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    Morbid? Why would it be morbid. You said yourself that it's essential and I agree with you. My sister and brother in law have been talking about changing theirs for five years as their executors have both passed away and I need to do one too. Your post has spurred me on to get it done. I got married last June and my wife won't talk about it without getting upset.

    It's not difficult but I don't know the process myself either. Looking forward to seeing your replies.
    Last edited by Tobias; 20th Feb 2017 at 10:29. Reason: Removed unnecessary quote of entire opening post

  3. #3
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    You should also consider your wife having a will as well. You don't say if there are any assets in Thailand, but if there is, without a will they won't necessarily come to you. Who knows what the future holds, my wife was 20 years younger than me but she has gone before me.

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    My wife don't have any assets in Thailand.
    Yes i will get a will done for my wife also.

    Same here also rasq, My wife gets upset talking about it.

  5. #5
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    At its simplest you could just download a template and work from that, ask potential executors, tell them where the will and other things you need can be found, get witnesses to witness it (they have to see you sign it).

    That's what I did last year, while intending to 'do it properly' later. At least there's something there. It gets you thinking. For example, what would you want to happen to the kids if you both copped it?

    What about life insurance (put in trust), mortgage, etc?

  6. #6
    Moderator Tobias's Avatar
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    Quote Originally Posted by livingwithathaigirl View Post
    At its simplest you could just download a template and work from that, ask potential executors, tell them where the will and other things you need can be found, get witnesses to witness it (they have to see you sign it)..
    Not only must the the witnesses see you execute the will both witness must see each other sign. A witness must not be a beneficiary of the will else the will becomes invalid.

    Do be careful when completing a DIY will, read the guidance very, very carefully to ensure you don't fall in to any traps or make mistakes. The slightest error could completely invalidate a will.

    Quote Originally Posted by livingwithathaigirl View Post
    ...That's what I did last year, while intending to 'do it properly' later. At least there's something there ...
    If a will isn't done properly to begin with it will be invalid and will be rejected by the court.
    Tobias - โทเบียส

  7. #7
    Member สมาชิก smarty's Avatar
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    Best to see a solicitor. Professionally drawn documents will give you peace of mind & the firm can hold the Wills for you in safe keeping providing you with copies, of course. They will also provide the necessary advice, witnesses & even executors if required. If both Wills are more or less identical & straightforward the cost should be reasonable & well worth it. Ask for a quote first and please don't put it off. I worked in the Probate Industry for several years & seen many disasters will poorly executed Wills, some of which were deemed invalid. Good luck!

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    Always a good idea to get things in place just in case, as we have assets in Thailand we had Thai wills done there by a lawyer. Now back in the UK I had some for us done by a legal firm (community interest company) the charge now is £96 for two. Both wills are mentioned on each other. At the same time I had lasting power of attorneys done and registered which again was a good idea since I now have Alzheimer's and doing it now would be difficult. We also took out life insurance on my wife which was nominal per month (I have no chance). Whilst I have a pre paid funeral plan!! Copies of the documents have been left with two separate relatives.

  9. #9
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    Quote Originally Posted by Tobias View Post
    Not only must the the witnesses see you execute the will both witness must see each other sign. A witness must not be a beneficiary of the will else the will becomes invalid.

    Do be careful when completing a DIY will, read the guidance very, very carefully to ensure you don't fall in to any traps or make mistakes. The slightest error could completely invalidate a will.
    In my case I was rushing to do a lot of things before going on holiday and didn't have time to do much else. My thinking was if the plane went down or I got hit by a car in Thailand, at least there's a chance of there being a will there whereas if there was nothing, there's a 0% chance.

    I was pretty careful, using a template from http://www.lawpack.co.uk/ which came with guides and my will was pretty straightforward. We all saw each other sign and the witnesses weren't beneficiaries.

    There are other options, like Which? Wills, charities offering services, etc, but I didn't have time for those. MoneysavingExpert and government and law sites had a lot of information.

    - - - - - - - u p d a t e d - - - - - - -

    Quote Originally Posted by smarty View Post
    ..They will also provide the necessary advice, witnesses & even executors if required.
    While I'll probably get the will re-done at a solicitor and either stored there or using a professional service, I wouldn't go for the same solicitor as executor simply because the fees can be extortionate and I'm very wary of fees charged as a percentage of something (whether it be percent of estate for this, percent of house for estate agents, percent of portfolio for IFAs). Imo it's better to make another person or persons executors and they can decide what to do when the time comes. They can try to do it themselves or get (hopefully fixed) quotes from solicitors or similar professional services.
    Last edited by livingwithathaigirl; 20th Feb 2017 at 11:45.

  10. #10
    Premium Member Gary & Nok's Avatar
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    Quote Originally Posted by holty View Post
    My dad died without a will at a early age, and it caused a nightmare for everyone.
    Exactly what happened to my Dad.
    As a consequence my brother and I ended up with just over £1k each rather than splitting the £20k that was originally in his bank when he died.

    And this all because his sister wanted to know what was going on and insisted on getting involved so She instructed a Solicitor to act for my Dad's estate and he was paid from the estate.
    This of course resulted in mega fees every time a letter was written (3 copies at £15 a pop comes to mind) soon ate in to the funds and of course a "lavish" funeral as an ex soldier resulted in various military elements being involved and the cost of her setting all that up, as well as the usual funeral fees soon emptied the coffers.

    I am in Unite the Union and as part of the membership, amongst other things, they offer a free Will writing service, which I took advantage of and ended up with a professional written Will.

    Since then things have changed but I was able to type out the Will exactly as they had but just changing some beneficiaries to suit the circumstances.

    I would urge everyone, no matter how much hassle it causes, get a will done and done today (don't wait until it is too late).
    It will save a lot of heartache, and expense, in the end.
    Independence Day 31st January 2020

  11. #11
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    Quote Originally Posted by Gary & Nok View Post
    Exactly what happened to my Dad.
    As a consequence my brother and I ended up with just over £1k each rather than splitting the £20k that was originally in his bank when he died...
    On the assumption your father was divorced or widowed at the time of death, the rules of intestacy dictate that the surviving children are entitled to the deceased's estate and they were the only ones entitled to apply for a Grant of Representation from the District Probate Registry (usually found at the main county court for the district). This is called 'probate'.

    Your auntie had no legal status and should not have instructed solicitors without your and your brother's consent - unless she had sole responsibility for you and your brother because you were minors at the time.
    Tobias - โทเบียส

  12. #12
    Premium Member Gary & Nok's Avatar
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    Thank you for a useful incite Mr T, where were you when I needed you

    Yes Mr T He was divorced at the time, unfortunately we were young and had no idea what to do and my Mum was none the wiser either it would seem.
    I am not sure of the greater detail on how this all came about, and no doubt things were done that were not correct, but it is what it is now.

    But might serve as a warning to all that a Will, whilst talking about may not be pleasant to some, it is a really good idea to get one in place as soon as possible.
    Independence Day 31st January 2020

  13. #13

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    [QUOTE=smarty;262933They will also provide the necessary advice, witnesses & even executors if required.[/QUOTE]

    I would strongly advise against using solicitors or banks as executors for wills. It is better to use a layperson as executor, who if necessary can seek professional help with the legal side of things.
    aka Spud / aka MF

  14. #14
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    Default

    Thanks everyone for your replies.
    I was alittle worried at first having a thai wife, if there would be any setbacks in the process of writing a will. With having her included in my will.
    Meaning as she not a uk citizen, Would she get what i propose to leave her in my will.

    Be having a chat with my family and inform them where the will is etc.
    Be all done this weekend.

  15. #15

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    Quote Originally Posted by holty View Post
    Thanks everyone for your replies.
    I was a little worried at first having a thai wife, if there would be any setbacks in the process of writing a will. With having her included in my will.
    Meaning as she not a uk citizen, Would she get what i propose to leave her in my will.
    It's nothing to do with whether she is a UK citizen or not. It is up to the executors to carry out your wishes. Choose wisely. It's possibly the only reason to use a solicitor who will make as much out of it as is possible.

    I had a health scare just before Christmas and two of my sisters are tasked with making sure my wife is provided for in every way including visas right up until she has a British Passport.

  16. #16
    Premium Member Gary & Nok's Avatar
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    Wills.jpg

    Just in case anyone is interested, this from moneysavingexpert.com


    Free Wills Month – in England & Wales

    Every March and October it's Free Wills Month. It offers - as the name suggests - free solicitor-drafted wills. But you must be aged 55+ to get an individual will. If you're getting a 'mirror' will as a couple, only one of you needs to be 55+.
    Independence Day 31st January 2020

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