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A letter for Mr. Leslie Wright Editor, We would be pleased if Mr. Wright could find time to reply to our query. We are avid readers of his excellent contributions to the Pattaya Mail, and, in particular, we were discussing his article on the subject of a making a valid will/testament, here in Thailand. A colleague mentioned that his lawyer simply handed him a form headed “Holographic Will”, which he could complete by hand, in his own language, with his testament wishes, and no witnesses were needed. (I have a photocopy of such a form, if Mr. Wright needs to see it.) One copy of the will stays with the testator and one is given to the lawyer. Changes to the will must be handwritten. Could Mr. Wright clarify for us the legality and usage of such a document? What does “holographic” legally imply? If such a will is legally valid, would, for example your bank unquestioningly hand over your bank balance to the beneficiaries as specified in the will? If such a will is legally valid, why is a more formal one on the lines he specifies recommended? Does a holographic will over-ride a more conventional one, or vice versa? Many thanks for any comments from Mr. Wright. David Tanton Dear Mr Tanton Thank you for your recent enquiry to the Pattaya Mail, forwarded to me for comment. While in theory a holographic will (which simply means “handwritten”) is valid, the reason for having witnesses is in case your will should ever be contested in court. If the signature or content is questioned, they can then attest to the fact that it was you who signed it, without pressure being applied from any third party. All estates have to go through probate in each regime in which assets are held. In any case, your Executor (who may well be your lawyer, and charge lawyers’ fees to your estate for the work involved) will have to prove in court that it is your signature, and that you are in fact dead. Only then will the court permit your assets to be passed to your heirs, after payment of any inheritance tax due. In Thailand, a holographic will (presumably in English) would be accepted, but only a certified translation into Thai could be admitted into probate court. No bank will hand over bank accounts on the strength of just a will, holographic or otherwise. A legal document called “Grant of Letters of Administration”, issued by the probate court, permits your Executor to access your account and transfer assets to your named beneficiaries. Any will should be dated. The last will made - holographic or typed - will take precedence over any previously made; but conventionally at the beginning it should state that this is your LAST will & testament, and that you “hereby revoke all previous wills”. I have encountered numerous cases where the dear old family lawyer “back home” has no idea of the complications of administering an international estate. I on the other hand have some experience in this area, and the complications that can arise where the testator (the person who died) failed to take these into account when preparing a will which made things easy for him and difficult for his heirs & beneficiaries - and his Executor. If in doubt you might like to contact Mr Jim Conant of MJE Enterprises (email: [email protected]) who has had a wealth of experience of acting as Executor of local estates for expatriates, and will be able to advise you further of the procedures and pitfalls of not making a proper, legally-acceptable will under Thai law. Thank you again for your feedback, and I hope you will continue to find my articles interesting. Leslie Wright Westminster Portfolio Services
Dear Sir, I thought some of your readers might be interested in a visa trip I recently completed. Last week I went to my travel agent, Koh-Chang Travel in Soi Post office to book my normal one-day visa run to Cambodia. Whilst I was waiting my turn I noticed a sign on the wall advertising ‘Special cruising package and re-entry Visa to Thailand’ aboard the Millennium Queen. The advertised price was 1850 baht based on a twin-sharing cabin. As the price was 1000 baht cheaper than the trip I normally take, and I was becoming bored with the normal one-day trip to the Cambodia border, I booked two tickets. The trip started on Saturday afternoon at 3pm when a car booked by the travel company arrived at my home. We were then transported to Laem Chabang Port, where some representatives from the Millennium Queen met us. We were escorted to the walkway of the ship where our passports and luggage was checked. They have a sign saying you must not bring on board any firearms, drugs, explosives, etc., but I suspect that they were also looking for any alcohol you might be wanting to bring with you (you’ll understand why later). Once on board the ship you are greeted with pleasant background music. The sort you get on board aircraft before takeoff. We were then escorted to the cinema, which at this time had been converted to a mini immigration room. There our passports were once again checked, and we were issued with boarding passes. On to the reception desk where we booked in and were shown to our cabin. Although I had only booked for two, the cabin had four bunks. It also had air-conditioning, piped music, shower, toilet, clean towels, linen, etc. Once showered and changed we went to explore the boat. They have two gaming rooms. One with roulette, blackjack tables, etc. and one with slot machines. There was also a disco, separate karaoke bar, cinema, massage room, restaurant, hawker food center, gift shop and beauty salon. We eventually decided that the karaoke bar looked favorite to while away a couple of hours over a drink or two. Dinner is served in the dinning room from 5.30pm. This consisted of a running buffet, mainly Indonesian in style. Shortly after we sat down to eat, the ship pulled out of the port. After dinner I thought I would have a nap for a couple of hours. Then back to explore the ship to see what nightlife there was. I was surprised to find that there were not many passengers on board. Probably because it is a relatively new service and not many people know it exists. The disco was too noisy for me, and the films showing at the mini-cinema I had already seen. So I went back to the karaoke bar for a couple of drinks. Once I had settled in, two people introduced themselves to me. One said he was the ships customer relations’ officer and the other said he was part of the ships security team. They said if I had any problems or needed any assistance to contact them. They then both picked up microphones and started singing! Although dinner and breakfast are included in the price, drinks are not, and they are quite expensive at 110 baht for a Heineken or 60 baht for a Coke. After spending a few hours in the ‘Aloha karaoke bar’ I retired to my cabin passing the gaming rooms on the way. They were quite busy and I suspect that a lot of people book this sort of trip just for the gambling. Next day at 6.30am I went for breakfast. This was also mainly Indonesian in style, but there were also the normal fried eggs, and surprisingly baked beans, and Cornflakes. When I later went up on deck I realized that we were not moving. I think we had sailed to international waters then dropped anchor for the night. At about 10.30am we arrived back at Laem Chabang. Once Immigration officials had boarded we were reissued with our passports and disembarked to find our taxi waiting for us for the return trip to Pattaya. I would say that this is definitely a trip worth considering if you are due for a visa run. On the plus side there is the cost, i.e. 1850 baht per person, the enjoyment of the trip, the friendly staff, who go out of there way to make everyone welcome and the fact that you are doing something different. On the minus side, the ship is 38 years old and could do with a re-fit. The drinks on board are very expensive and the food may not be to everyone’s taste. All in all, for me the plus side by far out ways the minus side, and I am looking forward very much to booking my next trip. Bob Davis
Dear Sir/Ma’am: I would just like to say how much the family and I enjoyed the day out on Saturday, Sept. 16th. The venue, at the Amari Hotel, was nothing short of excellent. And the Jesters had everything well in hand. But let us (the ones who just come and enjoy) not forget the people who remain thankless by name to the masses. Those people who, by their very nature, are always helpful and caring to everyone and everything. I would like to thank all those people who remained nameless, but will be remembered as long as there are Jesters, and charities for them to sponsor. I hope the Jesters will continue to have helpful and caring people to aid them in their endeavors. I am already looking forward to the next fair, next year. See you there. Randall “Dr. Doom” Blacet
To all those involved; The Jesters Fair was a great success on Saturday and we (International School of the Regents) were delighted to be involved once again. Our students really enjoyed themselves running the “Dunk ‘em” stall and were proud to have raised the tremendous amount of 4,480 baht for the Fountain of Life. Congratulations on participating in and being such a great supporter of this community event. Roll on next year! Regards, Karyn Walker
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