Partner Dies Without a Will – Key Takeaways

• Legal Documentation: Ensure all legal protections like power of attorney and life insurance beneficiary designations are in place.
• Property Rights: Utilize co-ownership agreements and joint accounts to protect shared financial interests, especially for those who own property jointly or have joint tenancies.
• Draft a Will: Clearly set out your wishes regarding asset distribution to avoid intestate succession laws.
• Stay Informed: Keep abreast of any legal changes that might affect rights of unmarried partners in the future, to ensure your partner receives the benefits.

Under Thai law, intestate succession allocates the estate of a deceased person among legal heirs in six classes, with provisions for spouses and children taking precedence.

Married or Unmarried Estate Planning is Essential 

It is crucial for individuals, whether married or unmarried, to draft a will to ensure their estate is distributed according to their wishes, simplifying the inheritance process.

Generally, if any person has a will before his death, then the estate or property of such person will be distributed as per will, and if a dies without a will then the intestate successions will take place.

 What do the Intestacy Rules say if your Partner Dies Without a Will?

Under Thai law, there are six classes of legal heirs eligible to inherit the property of the deceased. One key exception among these classes involves the deceased having a spouse.

If the deceased has a surviving spouse, then the property is inherited by the spouse along with any children.

However, in scenarios where the individual dies unmarried, no spouse is involved, and therefore, the question of spousal inheritance does not arise.

Scenario-1: Descendants

Since the person is not married there will be no question of descendants arises, so the descendants will not inherit the property and estate of the deceased.

Scenario-2: Parents

Since the deceased has no descendants, then the second class legal heirs of thee deceased are parents of the deceased. So the deceased left surviving parents, then parents of the deceased can inherit the estate of the deceased as per law.

Scenario-3: Brothers and sisters of full blood and the half blood

If the deceased left brother and sister of full blood (when they are descended from a common ancestor by the same wife) then they come under class-III if the deceased left brother and sister of half-blood (when they are descended from a common ancestor but; by different wives) then they will come under class-IV. If class-I and class-II heirs were not alive then either class-III and class-IV will distribute among themselves.

Scenario-4: Grandparents

If the deceased left surviving grandparents and class-I, II, III, and class-IV are not alive, then the grandparents are entitled to inherit the property.

Scenario-5: Uncle and Aunt

If the deceased has no one alive except uncle and aunt then the property and estate of the deceased will be inherited by the uncle and aunt equally.

Scenario-6: If no one is alive

If the deceased is an orphan and has no near or dear ones then the property of the deceased will be taken away by the state itself.

If you have not made a last will rules of an intestate will determine what happens to your assets when you die.

The legal situation could be different if you live in Thailand and are married to a Thai national, or if you are unmarried and have no family relationships in Thailand. Additionally, ensure your partner receives their rightful share if you are in a civil partnership.

Legal Tools for Asset Protection in Unmarried Couples

To safeguard the assets and wishes of unmarried couples, it’s important to utilize appropriate legal tools, such as establishing a joint tenancy or joint bank accounts.

Establishing a power of attorney is a critical measure, allowing a designated individual to make decisions on behalf of one partner should they become incapacitated, ensuring your partner receives care and legal representation. 

Furthermore, designating beneficiaries in life insurance policies ensures that financial benefits are directly transferred to the chosen partner, avoiding potential legal complications that could place the funds into the general estate.

These steps are essential and should be set up with the assistance of a legal professional to ensure they meet the couple’s needs and comply with local laws.

Is the law going to change?

Regarding potential changes to the law, there is currently no indication that Thai legislation will be amended to automatically grant surviving partners of unmarried, cohabiting couples legal rights to inherit the estate.

Without such legal provisions, partners who are neither married nor in a civil partnership remain unprotected under the intestacy rules.

To safeguard the interests of a surviving partner, it is advisable to establish legal mechanisms such as trusts, life insurance policies, joint bank accounts, and powers of attorney, ensuring your partner receives their fair share. 

These steps can ensure that the partner receives their intended share of the property and rights after the other’s death.

Conclusion:

So it is always recommended that every person either married or unmarried must have a will so that the property or the estate of the deceased will be distributed according to the will, and if there is a will then the inheritance process is also simple and easy.

Having a will ensures that your wishes are carried out after your passing and can prevent potential conflicts among family members. It also provides peace of mind knowing that your assets will be distributed as you intended.

Additionally, having a will simplifies the inheritance process for your loved ones and can save them time and money in the long run. It is important to regularly review and update your will to reflect any changes in your life circumstances or assets.

Ultimately, creating a will is a responsible and important step in ensuring that your legacy is protected and your loved ones are taken care of. 

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This article is not intended to serve as legal advice and cannot be relied upon as legal advice. All references to Thai law should be verified by your qualified legal advisor.

Q: What happens if my partner dies without a will?

A: If your unmarried partner dies without a will, their assets and property will be distributed according to intestacy rules, which may not prioritize you as their partner.

Q: What are the inheritance rights of unmarried partners?

A: Unmarried partners do not have automatic legal rights to inherit from each other, unlike married couples. It’s important to have proper estate planning in place to secure your partner’s inheritance rights.

Q: What rights do unmarried partners have after death?

A: Unmarried partners may have limited rights after the death of their partner, especially if there is no legal documentation in place such as a will, power of attorney, or domestic partnership agreement.

Q: Who is considered the next of kin for an unmarried couple?

A: In the event of your death, your next of kin would typically be your blood relatives, unless you have legally designated your partner as your next of kin through specific legal documents.

Q: What happens to the property rights of an unmarried partner if one dies?

A: Without proper estate planning, an unmarried partner may not automatically inherit property rights from their deceased partner. It’s crucial to have legal documentation in place to protect each other’s rights.

Q: Can my partner inherit under intestacy rules if I die without a will?

A: If you die intestate (without a will), your unmarried partner may not automatically inherit from your estate. They may need to make a claim or fall back on the intestacy rules, which may not prioritize them.

Q: What are the estate planning options for unmarried couples?

A: Unmarried couples can ensure their partner’s rights by setting up wills, trusts, power of attorney, and other legal documents to secure inheritance, property rights, and decision-making authority in case one partner passes away.

This article is not intended to serve as legal advice and cannot be relied upon as legal advice. All references to Thai law should be verified by your qualified legal advisor.