A Chiang Mai Lawyer Explains the Difference That Changes Everything
By Aphiwat Bualoi, Attorney-at-Law, Will and Probate Specialist, Chiang Mai
Let me start with the fact that nobody wants to hear.
If you are not legally married under Thai law, your Thai partner inherits nothing when you die. Not your bank account. Not your car. Not the furniture you bought together.
It does not matter that you have been together for ten years. It does not matter that you built a house together. It does not matter that everyone in the village calls her your wife. If the marriage is not registered at the Amphur (district office), Thai law does not see her as your spouse. She is not a statutory heir. She has no legal right to your estate.
This is the reality that most expats in Thailand do not understand until it is too late. And by too late, I mean after someone has already died.
I am a will and probate lawyer in Chiang Mai, and this is one of the most common situations I deal with. Let me explain the difference between a Thai girlfriend and a Thai wife under inheritance law, and what you can do to protect whoever you want to protect.
If You Are Legally Married Under Thai Law
A legal marriage in Thailand means one thing only: the marriage has been registered at the Amphur (district office). You went together. You signed the papers. The registrar recorded it. You received a marriage certificate.
If you have done this, your Thai wife is a statutory heir under Section 1629 of the Civil and Commercial Code. This means she has a legal right to part of your estate when you die, even without a will.
But the amount she receives depends on who else is in the picture.
Step one: marital property gets divided. Under Section 1625(1) of the Code, marital property (called สินสมรส in Thai) must be split 50/50 when one spouse dies. Your wife gets her half automatically. This is not inheritance. This is her property. She already owns it.
The remaining 50% of the marital property, plus all of your personal property (สินส่วนตัว), becomes your estate.
Step two: the estate is distributed among heirs. If you have children, your wife shares the estate equally with them under Section 1630. So if you have one child, your wife gets half and your child gets half. If you have three children, each person gets a quarter.
If you have no children but your parents are alive, your wife gets half and your parents share the other half (Section 1635(2)).
If you have no children, no parents, but you have siblings, your wife gets two thirds and the siblings share one third (Section 1635(3)).
If there are no other heirs at all, your wife gets everything (Section 1635(4)).
The key point: even though a legally married wife is a statutory heir, she does not automatically get everything. The law divides the estate according to a fixed formula. And the estate still must go through probate before anything is distributed.
If You Are NOT Legally Married
This is where things get difficult.
If you are living with a Thai partner but you have not registered the marriage, she is not a statutory heir. Thai law treats her the same as a stranger when it comes to inheritance. The six classes of statutory heirs under Section 1629 are: descendants, parents, full siblings, half siblings, grandparents, and uncles and aunts. A girlfriend, a long-term partner, or a common-law companion is not on that list.
Without a will, your estate goes to your statutory heirs by law. That means your children (if you have any), then your parents, then your siblings, and so on. Your Thai partner receives nothing.
I have seen this happen. A man lives with his Thai partner for fifteen years. They share a home, a life, a daily routine. He dies without a will. His siblings in Europe inherit everything. His Thai partner is left with nothing and no legal recourse.
This is not a rare situation. It is extremely common among expats in Thailand, especially retirees who are in long-term relationships without formal marriage registration.
“Buddha Marriage” Is Not a Legal Marriage
Many couples in Thailand have a traditional wedding ceremony. In Thai culture, this often includes a Buddhist blessing, a dowry presentation (sin sot), and a family celebration. People call this a “Buddha marriage” or a traditional Thai wedding.
It is a beautiful and meaningful event. But it is not a legal marriage.
Thai law requires marriage registration at the Amphur. Without registration, the marriage has no legal effect. A Buddhist ceremony alone does not create a legal marriage. A village celebration does not create a legal marriage. Even if every person in your community considers you married, the law does not, unless you have registered.
Under Thai inheritance law, they are not.
If you had a traditional ceremony but never registered at the Amphur, your partner has no inheritance rights as a spouse. She is treated the same as a girlfriend under the law.
The fix is simple: go to the Amphur together and register the marriage. But many couples never do this, either because they do not know it is necessary, or because they keep putting it off.
What About Property You Bought Together?
There is one area where Thai law does give some protection to unmarried couples, though it is limited.
If you and your partner bought property together during the time you were living together, and both of you contributed to the purchase, the Thai Supreme Court treats that property as co-owned (กรรมสิทธิ์รวม). Each person owns half.
In Supreme Court Decision No. 5143/2563, the court confirmed this principle. A couple lived together without registering their marriage. They bought property together during that time. The court ruled that the property was co-owned, with each person holding a half share. When one partner died, he could only make a will over his own half. The other half belonged to the surviving partner.
This is important, but it has limits. It only applies to property that was genuinely acquired together with shared funds. And proving this after someone has died, when there are no proper records, can be very difficult. It also does not help with bank accounts held in one person’s name only, cars registered in one name, or other assets that have no evidence of shared ownership.
The lesson: co-ownership gives some protection, but it is nothing compared to what a will can do.
What About Children?
Children are Class 1 statutory heirs under Thai law, regardless of whether the parents were married.
Under Section 1627 of the Civil and Commercial Code, an adopted child has exactly the same inheritance rights as a biological child. There is no legal difference.
Why Expats Delay (and Why That Is Dangerous)
I want to say something about the emotional side of this, because it is part of the problem.
Many expats in Thailand are hesitant to make a will that benefits their Thai partner. Some worry that the relationship might not last. Some have been warned by friends who had bad experiences. Some have heard stories about Thai partners who took everything and disappeared.
These fears are understandable. But they should not stop you from making a will.
A will does not give your partner access to your money while you are alive. A will only takes effect after you die. If your relationship changes, you can change your will. You can revoke it entirely. You can name someone else. A will is not a promise for life. It is a document that reflects your wishes at the time you make it, and you can update it whenever you want.
The real risk is not making a will and losing your money to your partner. The real risk is dying without a will and your partner, the person who lives with you, who takes care of you, who shares your daily life, getting nothing at all while your estranged siblings back home inherit everything.
I have seen that happen more times than I can count. And it is always a tragedy for the surviving partner.
How to Protect Your Thai Partner With a Will
If you want your Thai partner to receive something from your estate when you die, there is only one reliable way to make that happen: put it in a Thai will.
Name her as a beneficiary. You can leave all of your Thai assets to your partner, or specific items, or a percentage. It is your choice. Thai law gives you full testamentary freedom. There is no minimum share that must go to statutory heirs. If you want your partner to receive everything, you can do that.
Name an executor. The executor manages the probate process. If you name your partner as both beneficiary and executor, she can petition the court herself. This is legal and common in Thai wills.
Be specific about assets. List your bank accounts, your car, your condominium, your personal belongings. The more specific the will, the faster probate moves.
Review the will regularly. If your relationship changes, update the will. If you acquire new assets, update the will. A will is not something you write once and forget.
A Quick Comparison
Legally married Thai wife without a will: She inherits as a statutory heir. She gets 50% of marital property automatically. She shares the remaining estate with any children or other heirs. Probate is still required.
Thai girlfriend without a will: She inherits nothing. The entire estate goes to statutory heirs (children, parents, siblings). She has no legal claim.
Thai girlfriend with a properly drafted Thai will: She inherits whatever the will says she inherits. The will overrides the statutory heir system. She is protected.
The difference between the second and third scenario is one document. One visit to a lawyer. That is it.
Talk to a Will Lawyer in Chiang Mai
If you are living with a Thai partner and you have not made a will, you are leaving her unprotected. It does not matter how long you have been together. It does not matter how much you trust each other. Without a will, Thai law will decide who gets your money, and your partner will not be on the list.
Contact Aphiwat Law for a consultation. I can prepare a bilingual Thai will that protects your partner, your children, or whoever you choose. The process is straightforward, the cost is affordable, and it takes less time than you think.
Frequently Asked Questions
Can my Thai girlfriend be the executor of my will?
Yes. Any person who is at least 20 years old, of sound mind, and not bankrupt can serve as an executor in Thailand. Your girlfriend can be both a beneficiary and the executor.
Does marriage registration retroactively give inheritance rights?
No. If you register your marriage today, your spouse has inheritance rights from today forward. There is no retroactive effect on previous estate distributions.
If I die without a will, can my girlfriend claim anything at all?
Only if she can prove that specific property was co-owned, meaning she contributed to the purchase and can provide evidence. This is difficult and not guaranteed. Without that proof, she has no claim.
Can I leave everything to my partner and nothing to my children?
Yes. Thai law gives you full freedom to distribute your estate however you wish through a will. There is no forced share or minimum inheritance for children. However, if there are disputes, children may challenge the will in court, so proper drafting is important.
What if I am married in my home country but not in Thailand?
A marriage registered in another country is generally recognised under Thai law. However, you will need to provide certified, translated, and legalised marriage documents during probate. A Thai marriage registration, if you are eligible, would simplify the process.
About the Author
Aphiwat Bualoi is a Thai attorney who specialises in wills, probate, and estate planning for expats and Thai nationals. Based in Chiang Mai, he helps clients protect their partners, children, and families through properly drafted Thai wills. Contact Aphiwat Law for a private consultation.
Aphiwat Bualoi Law Office 
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