If you’re an expat in Thailand with a mixed family, sorting out inheritance may not be top of your to-do list. But what would happen to your Thai home, bank accounts or investments if you died tomorrow?
Without a valid Thai will, the default rules on statutory heirs decide who gets what. They follow a fixed order that may not match your wishes. Stepchildren can be left out. Children from a previous relationship may receive less than you expect. If your assets span countries, the risks and delays increase.
This guide explains how the rules on statutory heirs work in practice. We show when they apply, who they prioritise and how the marital split works. Then we set out practical ways to protect your wishes, so the right people receive what you intend.
These statutory heir rules apply only where no valid will exists. For expats with assets in Thailand, a properly drafted Thai will allows you to move away from default inheritance outcomes, clearly specify beneficiaries and reduce the risk of disputes or unintended distributions.
Why Thai Statutory Heirs Rules Matter for Mixed Expat Families
Thailand has a fixed order of statutory heirs. If you die without a valid Thai will, the law decides who inherits and in what order. That may not match what you want, especially in mixed families with stepchildren or children living overseas.
Thai statutory heir rules are designed to provide a default framework when no valid will exists. While this offers legal certainty, it does not take personal intentions, family dynamics or cross-border considerations into account. For expats with assets in Thailand, structured succession planning allows you to move away from default inheritance outcomes and clearly set out who should inherit, in what proportions and under what authority.
When Thai Intestacy Rules Apply
- There is no Thai will
- A will exists, but does not cover all Thai assets
- A will is invalid or cannot be proved
- A named beneficiary died first, and no substitute is named
Why Mixed Families Are Exposed Under Thai Inheritance Law
- Stepchildren do not inherit unless they have been legally adopted
- A child born outside marriage must be legally recognised by the father to inherit from him
- Marital property is split 50/50 first, which can reduce what passes to children from a previous relationship
- Assets in different countries can follow different laws, creating gaps or conflicts
What Can Go Wrong Without a Thai Will
- People you intended to provide for receive little or nothing
- Disputes between a new spouse and children from a previous relationship
- Delays and extra cost because the court must appoint an administrator
- Cross-border complications if Thai and foreign rules pull in different directions
How Thai Statutory Heir Rules Are Applied
The Order of Statutory Heirs
Thai law uses fixed classes of statutory heirs. Start at Class 1 and only move down if no one in a higher class survives or is represented by their descendants.
- Children and their descendants
- Parents
- Full-blood siblings
- Half-blood siblings
- Grandparents
- Uncles and aunts
Under Thai law, parents inherit only where there are no surviving children or descendants.
How the Surviving Spouse is Treated
The spouse is always counted as a statutory heir alongside the highest class that qualifies. Their share is worked out after the marital property split and depends on who else is alive.
Step 1: Split Marital Property First
- Identify marital property and personal property
- Split the marital property 50/50 between the spouses
- The estate to be shared = the deceased’s half of any marital property plus all of the deceased’s personal property
What counts as marital property? Anything acquired during the marriage, including salaries, business profits, and income or growth from personal assets. Additionally, things owned before marriage and gifts or inheritances are considered personal unless both parties clearly agree to treat them as marital.
Step 2: Calculate The Spouse’s Share of the Estate
Quick Examples
- Spouse + two children
- Estate after marital split: THB 6,000,000
- Heirs: spouse and two children
- Result: spouse takes the same as one child → estate ÷ 3 = THB 2,000,000 each
- Spouse + parents, no children
- Estate: THB 4,000,000
- Result: spouse one half (THB 2,000,000), each parent one quarter (THB 1,000,000)
- Spouse + half-blood brother only
- Estate: THB 3,000,000
- Result: spouse two thirds (THB 2,000,000), half-blood brother one third (THB 1,000,000)
Notes to avoid confusion
- The spouse’s statutory share is in addition to their own half of any marital property
- Representation does not change the spouse’s share; it only lets a deceased child’s descendants take that child’s place.
- The spouse must have been legally married at death. Separation is not divorce. A divorced partner is not a spouse
- Same-sex marriages are treated the same as opposite-sex marriages
Applying the Statutory Heirs Rules — Step By Step
- Confirm Intestacy Applies — no valid Thai will for the asset, or the will does not cover it
- Identify the Highest Class Alive — start at Class 1, move down only if needed
- Add The Spouse — spouse inherits alongside that class
- Apply Representation — deceased child’s descendants step into that child’s place
- Calculate Shares — use the spouse table above; we illustrate more in the worked examples section
One Quick Example
- Family: spouse, two adult children, parents also alive
- Priority: children exist (Class 1), so parents are excluded
- Add spouse: spouse inherits the same as one child
- Result: after any marital split, the estate is divided into three equal shares for spouse and the two children
Marital and Personal Property
Thai law puts assets into two buckets. This decides what goes into the estate.
- Marital property is what you and your spouse acquire during the marriage, including salaries, business profits and income or growth from personal assets, unless clearly set aside as personal
- Personal property is what you owned before marriage and any gifts or inheritances made to you alone
On death, the marital property is split 50/50 first. The estate to be shared = the deceased’s half of any marital property plus all of the deceased’s personal property.
Example: A condo bought after marriage is usually considered marital. Money inherited by one spouse is personal, unless both spouses clearly agree to treat it as marital.
Statutory Heirs the Status of Children
- Adopted children inherit as children
- Stepchildren have no statutory rights unless adopted
- Children born outside marriage inherit from the father only if legally recognised or legitimated
How the Estate Is Calculated
Common Risks and Unintended Consequences
- Stepchildren Left Out
Without legal adoption, a stepchild has no statutory share. - Unclear Spouse Status
Disputes arise over who is the legal spouse in cases of separation, a void second marriage or missing divorce papers. - Cross-Border Mismatch
Thai immovable property is subject to Thai law, whereas foreign movables may be governed by the laws of another country. Rules can pull in different directions. - Land Trap for Foreign Heirs
A foreign heir may inherit land but cannot keep title long term, leading to a forced sale or loss of use—further guidance on foreign land inheritance here. - Probate-Driven Delays
Banks and land offices will not transfer assets until a Thai court appoints an administrator. Translations and legalisations add time. Find out more information on probate and inheritance here. - Two Wills that Clash
A later foreign will can accidentally revoke a Thai will or vice versa, leaving gaps or triggering an unintended intestacy.
How To Protect Your Wishes
Make a Thai Will
Make a Thai will that sets out who should receive your Thai assets. If you also hold assets abroad, prepare a second, coordinated will so the two work together and neither revokes the other.
Protect your family with a valid Thai will. We handle complex and straightforward cases. Get will-writing help.
Adopt or Legitimate Where Needed
If you want a stepchild to inherit as a child, formal adoption is required. If a child was born outside marriage, ensure the father has legally recognised or legitimated the child so they can inherit from him.
Name Beneficiaries
Where possible, name beneficiaries on life insurance, pensions or similar policies so some value passes outside probate to the person you choose.
Plan for Homes on Land
If a foreign spouse or heir needs security, consider a usufruct, lease or superficies. If sale is inevitable, include a clear sale instruction in the will so the property is sold in an orderly way and the proceeds go to your heirs. Legal limits and workarounds for foreigners inheriting land in Thailand.
Keep Evidence Tidy
Keep proof of source of funds to show what is personal vs marital property. Maintain an up-to-date asset list and store the will and key documents where your executor can reach them.
Coordinate Across Borders
Match executors, timelines and instructions across countries. Check which law applies to each asset type and have the wills written to work together, not against each other.
What To Do Next
- Decide who should receive each Thai asset and why
- Confirm each child’s legal status and adopt or legitimate if needed
- Draft a Thai will and coordinate it with any foreign will
- Add or update beneficiary forms for life insurance and pensions
- If a home sits on land, choose a lawful structure for use or sale (usufruct, lease or superficies)
- Prepare an asset list and store key documents where your executor can reach them
- Review your plan every two or three years or after major life changes
For a broader overview of how succession and inheritance work in Thailand, you may find our succession planning and inheritance guide helpful.
How ETT Can Help
What We Do
- Thai will drafting and coordinate with foreign wills
- Adoption and legitimation support via partner firms
- Probate applications and court filings
- Planning for homes on land, including usufruct, lease or sale instructions
- Certified translations and document packs for banks and land offices
- Profession executor service
Avoid Problems with Thai Inheritance
Please don’t leave it to chance. Plan an orderly, efficient transfer of your legacy by speaking with our team today.
