Aphiwat Bualoi Law Office

Can My Thai Wife or Husband Inherit My Property When I Die?

If you are married to a Thai national and you live in Thailand, you have probably wondered what will happen to your property after you pass away.1 This is one of the most common questions I receive from foreign clients in Chiang Mai and throughout the country.2 The answer depends on several things: whether your marriage is legally registered, what kind of property you own, and whether you have a will.3 This article explains the rules under Thai law so that you and your spouse can plan ahead with confidence.4

Does Your Marriage Count Under Thai Law?

The first question is whether your marriage is recognized in Thailand.5 Under Section 1635 of the Civil and Commercial Code, only a spouse from a registered marriage qualifies as a statutory heir.6 If you are living together but your marriage was never registered anywhere, your partner is not a statutory heir under Thai law.7

However, you do not necessarily have to register your marriage in Thailand.8 Under Section 20 of the Conflict of Laws Act B.E. 2481, a foreign marriage that was validly performed under the law of the country where it took place is also recognized in Thailand.9 This means that if you married in the United Kingdom, Australia, the United States, or another country, and that marriage was valid there, Thailand will treat it as valid too.10 You should still be prepared to prove the marriage with an official certificate, translated into Thai, and certified by the relevant embassy or consulate.11

If you are a foreign man married to a Thai woman, or a Thai man married to a foreign woman, and your marriage is registered, your spouse is a statutory heir who can inherit your Thai assets.12 This applies equally regardless of which spouse is the foreign national.13

How Much Does the Spouse Inherit Under Thai Law?

Thai inheritance law places the spouse in a special position.14 Under Section 1629 of the Civil and Commercial Code, the spouse inherits alongside whichever class of heirs is present, not instead of them.15 The exact share of the spouse depends on who else survives the deceased.16

When there are descendants (children or grandchildren): the spouse receives half of the estate.17 The children or grandchildren share the other half among themselves.18

When there are only parents (and no children): the spouse again receives half of the estate.19 The parents share the remaining half.20

When there are only full siblings (and no children or parents): the spouse receives two-thirds of the estate.21 The siblings share the remaining one-third.22

When there are no other heirs at all: the spouse receives the entire estate.23

These shares are the default rules that apply when there is no will.24 They are set out in Section 1635 of the Civil and Commercial Code and have been discussed in detail in the leading Thai inheritance law textbook published by the Faculty of Law, Thammasat University.25

What About Community Property?

Many married couples in Thailand own property together.26 Under Sections 1474 to 1493 of the Civil and Commercial Code, property acquired during the marriage is generally treated as community property, meaning both spouses own it equally.27 When one spouse dies, the surviving spouse keeps his or her own half of the community property outright.28 Only the deceased spouse’s half of the community property becomes part of the estate that is distributed to heirs.29 This is an important point that many people overlook when they first think about Thai estate planning.30

Can You Leave Everything to Your Spouse Through a Will?

Yes, you can.31 Thai law does not have a “forced share” or “reserved portion” rule that protects children or other relatives from being disinherited.32 Unlike many civil law countries in Europe, Thailand allows a person to leave his or her entire estate to any person or organization through a valid will.33 Sections 1648 to 1657 of the Civil and Commercial Code set out the rules for making a valid will in Thailand.34

If you write a will giving your entire estate to your spouse, your spouse will receive everything, and your children or parents will receive nothing from your estate unless you choose to include them.35 The Supreme Court confirmed this principle in Decision No. 10809/2559, holding that a will that gives everything to one person implicitly excludes all other heirs, and those heirs cannot bring a claim to divide the estate.36

A will is therefore the most powerful tool you have for Thai estate planning.37 It removes uncertainty and ensures that your wishes are followed rather than leaving the distribution to the default rules of the law.38

The Special Problem of Thai Land

There is one important limitation that foreign nationals must understand.39 If you are a foreigner and you inherit Thai land through your Thai spouse’s estate, you face a restriction under the Land Code.40 Foreign nationals are generally not permitted to hold title to land in Thailand.41 If a foreign heir receives land through inheritance, that heir must sell the land within one year of receiving it.42 If the foreign heir does not sell within that period, the Land Department has authority to dispose of the land.43

This restriction applies to land, not to condominiums.44 The rules for foreigners inheriting condominiums are different and are explained separately in our next article.45

Conversely, if you are a foreign man and your Thai wife is your heir, she faces no such restriction.46 Thai nationals can inherit land from a foreign spouse without any special limitation.47 Your Thai wife can register the land in her name at the Land Department through the standard inheritance process.48

What Happens If the Marriage Ends Before Death?

If you and your spouse divorce, the marital relationship ends, and your former spouse is no longer a statutory heir.49 However, if you owned property together during the marriage and you did not formally divide those assets after the divorce, the property remains held jointly between you and your former spouse.50 The Supreme Court addressed this situation in Decision No. 2874/2559, holding that after a divorce without division of assets, a will can only dispose of the deceased’s own share of the jointly held property, not the whole property.51 This is a risk that people in this situation must handle carefully with proper legal advice.52

Practical Steps for Married Couples

Every married couple with assets in Thailand should take a few practical steps to protect themselves.53 First, confirm that your marriage certificate is properly documented and can be produced in translated and certified form when needed.54 Second, consider whether a Thai will is appropriate for your situation, especially if you want your spouse to receive your full estate.55 Third, if you own land in Thailand, take advice about the restrictions that may apply to your heirs.56 Fourth, review your assets periodically because the law may change and your family situation will change over time.57

Bottom Line

Your Thai spouse can inherit your property in Thailand if your marriage was validly registered, either in Thailand or in another country.58 The share your spouse receives depends on who else survives you, but a well-drafted will can give your spouse everything.59 Foreign heirs who inherit Thai land must sell it within one year, but this restriction does not apply to condominiums.60 Proper estate planning now saves your family from uncertainty and legal expense later.61

Frequently Asked Questions

Q: My wife and I were married abroad and never re-registered in Thailand. Is she still my legal heir here?

Yes, provided your foreign marriage was valid under the law of the country where it was performed. Section 20 of the Conflict of Laws Act B.E. 2481 requires Thailand to recognize a marriage that was properly constituted under the law of the place of celebration. You will need to produce your foreign marriage certificate, have it translated into Thai by a certified translator, and have the translation certified or apostilled, so that the Thai court and any government office can confirm the marriage when the time comes. Keeping these documents in order now saves your family significant difficulty later.

Q: I have children from a previous relationship. If I die without a will, how much does my Thai spouse actually get?

Under Section 1635 of the CCC, when a spouse survives alongside descendants such as children or grandchildren, the spouse receives exactly half of the deceased’s estate. The children share the remaining half among themselves equally, whether they are children of this marriage or a previous one. If you want your current spouse to receive more than half, or to receive the entire estate, you must make a will specifically stating that intention, because Thai law does not give the spouse any priority over the children under the default intestate rules.

Q: We bought a house in Thailand during our marriage. When I die, does my Thai wife inherit the whole house or only half?

She does not automatically inherit the whole house without further steps. Under Sections 1474 to 1493 of the CCC, property acquired during the marriage is community property, meaning each spouse owns a half share. When you die, your wife keeps her own half outright as her share of the community property. Your half becomes your estate, which is then distributed according to your will or, if you have none, according to the intestate rules. If you want your wife to receive your half as well, you should say so clearly in a valid Thai will.

Q: I am a foreigner and my Thai wife just passed away. She owned land in her name. Can I inherit it?

You can inherit it in the sense that the estate passes to you as a statutory heir or under her will, but you cannot keep the title long-term. Foreign nationals are generally prohibited from holding title to land in Thailand under the Land Code. If you receive land through inheritance, the law requires you to sell it within one year of registering your inheritance at the Land Department. If you do not sell within that period, the Department of Lands has the authority to arrange the sale on your behalf. This rule applies to land only and not to condominium units, which are treated differently under the Condominium Act.

Q: My divorce was finalized last year, but we never divided the property we bought together. What happens to my ex-spouse’s share if I die now?

The divorce ended the marital relationship, so your former spouse is no longer a statutory heir and cannot inherit from you under the default rules. However, the property you purchased together during the marriage remains jointly held between the two of you until it is formally divided. The Supreme Court addressed exactly this situation in Decision No. 2874/2559, holding that a will made after a divorce can only dispose of the deceased’s own share of the jointly held property and not the former spouse’s share. You should seek legal advice to divide those jointly held assets formally before your estate plan can be considered complete.

References

  1. 1 CCC, Section 1599; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 1.
  2. 2 CCC, Section 1635; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public. Office of the Attorney General, p. 40.
  3. 3 CCC, Section 1635; Conflict of Laws Act B.E. 2481, Section 20; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 67.
  4. 4 CCC, Section 1648; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 42.
  5. 5 Conflict of Laws Act B.E. 2481, Section 20; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 67.
  6. 6 CCC, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 67.
  7. 7 CCC, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 67.
  8. 8 Conflict of Laws Act B.E. 2481, Section 20; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 67.
  9. 9 Conflict of Laws Act B.E. 2481, Section 20; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 67.
  10. 10 Conflict of Laws Act B.E. 2481, Section 20; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 414.
  11. 11 Conflict of Laws Act B.E. 2481, Section 20; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40.
  12. 12 CCC, Section 1635; Conflict of Laws Act B.E. 2481, Section 37; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68.
  13. 13 CCC, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68.
  14. 14 CCC, Section 1629; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 31.
  15. 15 CCC, Section 1629; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 31.
  16. 16 CCC, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 67.
  17. 17 CCC, Section 1635(1); Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68.
  18. 18 CCC, Section 1635(1); Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68.
  19. 19 CCC, Section 1635(2); Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 70.
  20. 20 CCC, Section 1635(2); Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 70.
  21. 21 CCC, Section 1635(3); Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 71.
  22. 22 CCC, Section 1635(3); Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 71.
  23. 23 CCC, Section 1635(4); Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 72.
  24. 24 CCC, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 67.
  25. 25 CCC, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, pp. 67-72.
  26. 26 CCC, Section 1474; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68.
  27. 27 CCC, Sections 1474-1493; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68.
  28. 28 CCC, Sections 1474-1493; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68.
  29. 29 CCC, Sections 1474-1493; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68.
  30. 30 CCC, Section 1474; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40.
  31. 31 CCC, Sections 1648-1657; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 131.
  32. 32 CCC, Sections 1648-1657; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, pp. 131-145.
  33. 33 CCC, Sections 1648-1657; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 131.
  34. 34 CCC, Sections 1648-1657; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, pp. 131-145.
  35. 35 CCC, Sections 1648-1657; Supreme Court Decision No. 10809/2559; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, p. 414.
  36. 36 Supreme Court Decision No. 10809/2559; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, p. 414.
  37. 37 CCC, Section 1648; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 42.
  38. 38 CCC, Sections 1648-1657; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 131.
  39. 39 CCC, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68.
  40. 40 CCC, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68.
  41. 41 Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p. 15.
  42. 42 Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p. 22.
  43. 43 Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p. 22.
  44. 44 Condominium Act, Section 19; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p. 15.
  45. 45 Condominium Act, Section 19 bis; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p. 20.
  46. 46 CCC, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68.
  47. 47 CCC, Section 1635; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p. 25.
  48. 48 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 45; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p. 25.
  49. 49 CCC, Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 67.
  50. 50 Supreme Court Decision No. 2874/2559; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, p. 419.
  51. 51 Supreme Court Decision No. 2874/2559; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, p. 419.
  52. 52 Supreme Court Decision No. 2874/2559; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40.
  53. 53 CCC, Section 1635; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40.
  54. 54 Conflict of Laws Act B.E. 2481, Section 20; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40.
  55. 55 CCC, Section 1648; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 131.
  56. 56 Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p. 22.
  57. 57 CCC, Section 1635; Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 45.
  58. 58 CCC, Section 1635; Conflict of Laws Act B.E. 2481, Section 20; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 67.
  59. 59 CCC, Section 1635; Supreme Court Decision No. 10809/2559; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4, p. 414.
  60. 60 Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 68; Condominium Act, Section 19 bis; Department of Lands. (2016). Registration of Inheritance of Immovable Property, p. 20.
  61. 61 Office of the Attorney General. (2022). Handbook on Estate Administration for the Public, p. 40; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code, p. 1.
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