Aphiwat Bualoi Law Office

My Partner and I Never Married. Will They Inherit Anything in Thailand?

Many couples living in Thailand have been together for years, sometimes decades, without registering their marriage. Some do this by choice. Some intend to register but have not gotten around to it. Others simply assume that a long and committed relationship will be recognised by the law in some form. When one partner dies, the surviving partner often discovers that Thai inheritance law does not see the relationship the way they did.

How Thai Law Defines a Spouse for Inheritance Purposes

Thai inheritance law grants inheritance rights to a surviving spouse, but the word “spouse” has a precise legal meaning that does not include everyone who lived with the deceased.1 Thai law recognises only a registered marriage for the purpose of succession.2 A partner who cohabited with the deceased for many years, shared finances, raised children together, and was known by everyone as a life partner has no legal right to inherit anything under Thai law if the marriage was never officially registered.3

This is not a gap or an oversight in the law. The Civil and Commercial Code sets out six classes of statutory heirs, and the list is closed and exhaustive.4 An unmarried partner does not appear in any of those six classes.5 There is no category for a common law spouse, a de facto partner, or a long-term companion.6 The law simply does not provide a path for an unregistered partner to inherit through the statutory succession rules.7

What the Courts Have Said

The Supreme Court has addressed this question directly and has not left any room for argument.8 Years of living together, sharing a home, and holding yourself out to the community as a couple do not create any right to inherit in Thailand.9 The court has made clear that silence and long cohabitation are not substitutes for registration.10 Families who believe that a long relationship will be recognised by a judge should not rely on that assumption.11

Where the Estate Goes If There Is No Will and No Registered Spouse

If the deceased had no registered spouse and left no will, the estate passes according to the six classes of statutory heirs, beginning with the closest relatives.12 If there are children, the estate goes to the children.13 If there are no children, the estate passes to the parents.14 If there are no parents, the estate moves further along the classes to siblings and then to more remote relatives.15 If no eligible relative can be found, the estate passes to the state.16 The surviving partner, however devoted and however long the relationship lasted, receives nothing from this process.17

The Only Way to Protect an Unmarried Partner

A properly made will is the only instrument that can give an unmarried partner a legal right to receive the estate.18 Thai law allows a person to make a will freely, and the will can name any person as a beneficiary regardless of whether that person is a relative or a registered spouse.19 A person who is fifteen years of age or older can make a valid will in Thailand without needing consent from any other person.20

The will can give the entire estate to the partner if that is what the testator wants.21 Thailand does not have a system of forced heirship for children, which means children do not have a mandatory legal share that protects them from being excluded.22 If the testator wants to leave everything to their partner and nothing to their children, a valid will can accomplish exactly that.23 This is a significant difference from many European legal systems, and it is worth understanding clearly before assuming that children will automatically receive a portion regardless of the will’s terms.24

The Five Valid Forms of a Will Under Thai Law

A will must be made in one of five legally recognised forms to be valid under Thai law.25 A will that does not comply with one of those five forms is not enforceable, no matter how clearly it expresses the testator’s wishes.26 The most common form used in practice is the witnessed document will, which requires the testator to sign the will in the presence of at least two witnesses who also sign at the same time.27 Another option is the holographic will, which must be written entirely by hand by the testator, dated, and signed, with no typed or printed sections.28 Choosing the correct form and executing it properly is essential.29

A Warning About Witnesses

One of the most common mistakes people make when writing a will is having the wrong person sign as a witness.30 The law prohibits the beneficiary named in the will from also serving as a witness to that will.31 If the partner is named in the will and also signs as a witness, the gift to that partner becomes void, even if the rest of the will is otherwise valid.32

The Supreme Court has confirmed this rule and has extended it in a way that surprises many people.33 If the partner is the only beneficiary named in the will, and the partner’s own spouse signs as a witness, the entire will is void, not just the gift to the partner.34 This means that a small mistake in choosing witnesses can undo the entire estate plan.35 The partner should not sign as a witness, and neither should anyone closely connected to the partner.36

Why Acting Now Matters

The law does not give an unmarried partner any fallback protection.37 There is no court that will weigh the length of the relationship and award a share of the estate based on fairness.38 There is no concept in Thai law that converts a long cohabitation into a marriage-like status for inheritance purposes.39 The only protection is a will, and the will must be made while the testator is alive and has capacity.40

Couples who have been living together in Thailand without registering their marriage should treat the making of a will as an urgent matter, not something to consider later.41 Once a person dies without a will, the law gives the surviving partner nothing, and no amount of evidence about the relationship can change that outcome.42

Bottom Line

An unmarried partner has no right to inherit under Thai law, regardless of how long the relationship lasted or how committed the couple was.43 Thai succession law recognises only a registered marriage for the purpose of granting a spouse’s inheritance rights, and the list of eligible heirs is closed by law.44 The only way to protect a partner is through a properly made will that names the partner as a beneficiary, executed in one of the five legally recognised forms, and signed with witnesses who have no personal interest in the estate.45 A lawyer who handles wills and estate planning in Thailand can help draft and execute a will correctly so that the partner receives exactly what the testator intends.46

Frequently Asked Questions

Q: My partner and I have lived together in Thailand for over ten years. Does Thai law recognise our relationship as a common law marriage?

Thai law does not recognise common law marriages under any circumstances, regardless of how long the couple has lived together. Only a marriage that has been formally registered at a district office creates a legal spousal relationship. The length of the relationship, shared finances, or the fact that you are known as a couple by friends and neighbours has no legal effect on inheritance rights.

Q: If I die without a will, can my partner apply to a Thai court to receive some of my estate based on our relationship?

There is no legal basis under Thai law for a court to award any portion of an estate to an unmarried partner, even if that partner can prove a long and committed relationship. The list of statutory heirs is fixed by the Civil and Commercial Code, and an unregistered partner does not appear on that list. No judge has discretion to override this rule and award an inheritance share based on fairness or the length of the relationship.

Q: Can I write a Thai will that leaves everything to my partner and nothing to my adult children?

Yes. Unlike many European countries, Thailand does not have forced heirship rules that guarantee adult children a fixed portion of your estate. A properly made Thai will can name your partner as the sole beneficiary and completely exclude your children, and the will is fully enforceable on those terms. The key requirement is that the will be made in one of the five legally recognised forms and that your partner does not sign as a witness.

Q: My partner is a foreigner who does not speak Thai. Can they still be named as a beneficiary in my Thai will?

Yes. There is no requirement that a beneficiary be Thai, be able to speak Thai, or hold any particular visa status. A Thai will can name any person, of any nationality, as a beneficiary. However, when the time comes to administer the estate, your partner will likely need a Thai lawyer to handle the court process, and documents may need to be translated and certified.

Q: We plan to register our marriage eventually. Is it still worth making a will now, before we register?

Making a will now is strongly advisable even if you intend to register your marriage later. Until the marriage registration is complete, your partner has no legal inheritance rights at all, and the timing of death cannot be predicted. If you make a will now and later register your marriage, you can update or replace the will at any time. Having a will in place during the period before registration ensures that your partner is protected from the moment the will is signed.

References

  1. 1 CCC Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 67.
  2. 2 CCC Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 67.
  3. 3 CCC Section 1635; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 371.
  4. 4 CCC Section 1629; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 31; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 363.
  5. 5 CCC Section 1629; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 31.
  6. 6 CCC Section 1629; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 363.
  7. 7 CCC Section 1629; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 31.
  8. 8 Supreme Court Decision No. 3105/2557; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 427.
  9. 9 Supreme Court Decision No. 3105/2557; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 427.
  10. 10 Supreme Court Decision No. 3105/2557; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 427.
  11. 11 Supreme Court Decision No. 3105/2557; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 67.
  12. 12 CCC Section 1629; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 31.
  13. 13 CCC Section 1629; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 363.
  14. 14 CCC Section 1629; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 31.
  15. 15 CCC Section 1629; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 363.
  16. 16 CCC Sections 1629, 1753; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 343.
  17. 17 CCC Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 67; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 371.
  18. 18 CCC Sections 1646 to 1648; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp. 131 to 145.
  19. 19 CCC Section 1646; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp. 131 to 140.
  20. 20 CCC Section 1703; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 153.
  21. 21 CCC Section 1646; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp. 131 to 140.
  22. 22 CCC Section 1608; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 103.
  23. 23 CCC Section 1608; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 103.
  24. 24 CCC Section 1608; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 363.
  25. 25 CCC Section 1648; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 143.
  26. 26 CCC Section 1648; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 143.
  27. 27 CCC Section 1648; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 143.
  28. 28 CCC Section 1648; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 143.
  29. 29 CCC Section 1648; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 429.
  30. 30 CCC Section 1653; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp. 157 to 160.
  31. 31 CCC Section 1653; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp. 157 to 160; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, pp. 429 to 432.
  32. 32 CCC Section 1653; Supreme Court Decision No. 2326/2562; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 429.
  33. 33 Supreme Court Decision No. 2326/2562; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 429.
  34. 34 Supreme Court Decision No. 2714/2562; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 432.
  35. 35 Supreme Court Decision No. 2714/2562; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 432.
  36. 36 CCC Section 1653; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp. 157 to 160; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, pp. 429 to 432.
  37. 37 CCC Section 1629; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 31.
  38. 38 Supreme Court Decision No. 3105/2557; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 427.
  39. 39 CCC Section 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 67.
  40. 40 CCC Section 1703; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 153.
  41. 41 CCC Sections 1646 to 1648; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp. 131 to 145.
  42. 42 CCC Sections 1629, 1635; Supreme Court Decision No. 3105/2557.
  43. 43 CCC Sections 1629, 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 67; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, p. 371.
  44. 44 CCC Sections 1629, 1635; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, p. 31.
  45. 45 CCC Sections 1648, 1653; Chatnakrob, Thanapat. (2023). Principles of Succession Law under the Civil and Commercial Code. Faculty of Law, Thammasat University, pp. 143 to 160; Direk Udomsak, Wichian. (2024). Civil Law Commentary, Volume 4. Jurisprudence Group, pp. 429 to 432.
  46. 46 Thap-attanon, Prateep. (2020). Self-Help Guide to Estate Administration. Krungsiam Publishing, page not specified; Office of the Attorney General. (2021). Handbook on Estate Administration, page not specified.
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