We will look at drafting a will in Pattaya as well as drafting a will in Chiang Mai. The communities in the two cities are different. We will also take a look at drafting a prenuptial agreement in these two cities. Should you require the services of our family lawyer in Thailand then contact us by email or online.
Pattaya has a large expat community and is mainly focused on retirement with a more international lifestyle. It has a very vibrant nightlife as well as well as being a well known bustling seaside city. Each city attracts a different type of expat. Prenuptial agreements in Pattaya as well as drafting a will in Pattaya has to cover a number of type of expats. There are business owners, those who are retired as well as the new breed of digital nomads. See also the article on the living in Pattaya as well as Everything Pattaya as well.
If you have ever lived in Pattaya you will know that unlike Chiang Mai, Pattaya has a very transient population. Many expats also onw properties which they either live on or where they come to Thailand each year on holiday. You can see also the article that we wrote on buying property in Pattaya as well. With this transient nature of the expat population in Pattaya. The legal requirements become more complex. Many expats in Pattaya tend to have one foot in Thailand and one foot in their home country. This gives rise to drafting a will to cover all the property, local as well as foreign. This extends to prenuptial agreements that also valid in Thailand and foreign laws. Lastly also see the article that we wrote on buying property in Pattaya.
Chiang Mai unlike Pattaya has a different expat demographic. Chiang Mai has only become a destination for retirement over the last few years. Northern Thailand has cultural heritage, tranquil environment, as well as a lower cost of living. Lease agreements in Chiang Mai tend be the way of life where as Pattaya has a different demographic that tend to buy their property. Expats in Chiang Mai tend to move more into integration into local culture where as Pattaya is replication of the West. Prenuptial agreements are not as common in the North. Lastly also see the retire in Chiang Mai article on here as well. There are many cities in Thailand with expats.
In Pattaya the prenuptial agreements and drafting of wills in Pattaya tend to concentrate on protection of their foreign assets. Likewise any foreign business interests as well as assets abroad. This comes with the transient community in Pattaya.
Chiang Mai however with its different demographic are mainly looking after their foreign income and pensions. Likewise there are intellectual property rights as well as remote earning from work. So you can see what each city offers and the legal services that develop around these two locations. Transient population in locations such as Pattaya differ in its needs compared to say Hua Hin or Pattaya. See also the article we wrote on the ltr visa as this is common in these communities.
Pattaya has a very large expat population and with this comes a more extensive network of legal support. There has always been a demand for English-speaking lawyers who specialize in family law as well as inheritance, and property purchases. Many of the law firms in Pattaya also have the ability to draft will and prenups to suit both local and foreign laws. Likewise you can see our office as a law firm in Bangkok with a footprint in Pattaya as well. Lastly when it comes to Pattaya there is also the usual translation services, MFA certification as well as legal advice on cross-border legal matters.
The legal infrastructure in Chiang Mai is not as extensive as Pattaya as it is mainly locally concentrated. There are few lawyers who deal with international agreements as it is mainly locally focused. Those who require legal assistance with issues abroad will normally return to Bangkok for a Thai lawyer in Bangkok for assistance. These issues may involve an international will or specific prenuptial agreements. Lastly also see the article son drafting a will in Hua Hin as well as drafting a Thai prenup in Bangkok.
Practical Considerations
The expats in Pattaya have better access to legal assistance. This even goes for a criminal lawyer when they end in a punch up. There are also a large community of legal professionals with a variety of expertise in different international laws. Likewise in Chiang Mai it mat be a bit more difficult finding expertise in the legal profession where it extends beyond Thailand. Likewise see also the article on lawyer for a will Pattaya.
Cultural Context: Local Norms and Practices
There is another issue and this comes down to different cultural values. As explained above. In Pattaya the attitude is far less cultural and more an issue of convenience and being practical. This while in Chiang Mai cultural expectations such as shared finances, family support, and inheritance that differ from those in Pattaya. The slow pace of life in Chiang Mai attracts certain types of people.
Documentation and Formalities of creating that will is scandalized. The will needs to be in writing and identify all the assets and how these have to be distributed after death. This needs to be signed by you as the testator and have two witness to the will. Note that the witnesses cannot be beneficiaries in the will. Likewise they also cannot be persons who are deaf either. Some also prefer to register their will at the Amphur office however this is not mandatory. It is best to have your will drafted by a Thai lawyer as opposed to doing it by yourself.
Lastly when it comes to a will see also the article on this website about probate lawyer in Thailand as well as the article on inheritance tax in Thailand.
Types of Wills in Thailand
There are a number of will in Thailand. With so many expats in Pattaya there is the question as to what options are available to expats.
Firstly there is the living will in Thailand. We wrote an entire article on a living will in Thailand. Read that to understand how this is completed to comply with the law. The living will in Pattaya is not as common yet compared to the standard written will that everyone uses. There are also the handwritten will which people do as well as the typed will. Then there are also the declared orally before a public official type will which is mainly done by the poor at the Amphur office.
Language and Translation Issues
The language might become and issue when it comes to a will as well a a prenuptial agreement. Some people want to have it in both Thai and English. This means that you need to ensure that you find a dual language law firm such as us. This is rare however it does occur.
Secondly you will also need to ensure that the governing language needs to be set, in the event that there is an interpretation issues.. This is mainly because there might be issues with the languages and the nuances in the language that is not translated correctly. See the articles that we have written on the legal translations in Thailand and how the context of the sentence in Thai gives it the correct meaning. At times the concepts even such as suan tua and sin somrot may not be correctly translated.
Conclusion
There are a few expat hubs in Thailand where most expats live. These range from Pattaya where many expats live. This city has a very vibrant nightlife and many retire here or have second homes which they visit once or twice a year. Those in Chiang Mai tend not be be very transient like Pattaya. Those who retire in the North tend to be mainly American expats and the law firms there might not be as diverse as those in Pattaya or Bangkok.
Likewise there is also Hua Hin which tends to be the middle and upper middle expats class of expats mainly British and Americans. Phuket is another hotspot for expats much like Hua Hin. If you are looking at expat couples then Hua Hin has many if not the most expat couples. You can also see on here how to retire in Thailand as a couple.
There are also those who prefer a really rural life and move to Isaan which is the remote region in Thailand in the East. Some prefer the slow life and law firms out there are sparse when it comes to international law. Most of them seek advice at a law firm in Bangkok such as us.
As you will note that in Huan Hin the prenuptials are not a major issue compared to Bangkok and Pattaya as most of those who retire there at expat couples. Many already have their wills drafted and mainly need and update. Each expat community in Thailand will differ and you need to see where you will be living in Thailand. See retirement location in Thailand for many options.