If the parents were not legally married and the father dies, does the mother have inheritance rights?

When a loss occurs in the family, one of the most frequently asked questions is about inheritance, especially in cases where family relationships do not conform to the legal framework—such as when the parents were not legally married. In such a case, if the father passes away, does the mother have the right to inherit his estate? This issue is important because it directly relates to individual rights and the distribution of property.

Legal Status of Husband and Wife

Before discussing inheritance, it is essential to understand the legal status of a husband and wife under Thai law. According to the Thai Civil and Commercial Code, a man and a woman living together without registering their marriage are not considered legally married.

Even if they have lived together for a long time, have children, or refer to each other as husband and wife in public, such a relationship has no legal effect concerning property or inheritance matters.

In other words, the woman in this case does not have the status of a lawful wife, and therefore, when the man passes away, she is not considered a statutory heir under the law.

Statutory Heirs under Thai Law

According to Section 1629 of the Thai Civil and Commercial Code, there are six classes of statutory heirs, ranked in order of priority as follows:

1. Descendants (e.g., children, grandchildren, great-grandchildren)
2. Parents
3. Full siblings (same father and mother)
4. Half-siblings (same father or same mother)
5. Grandparents (paternal and maternal)
6. Uncles, aunts (paternal and maternal)

In addition, if the deceased had a legally registered spouse, that spouse is also entitled to a share of the inheritance along with the above heirs.

Therefore, if a man and woman lived together without registering their marriage, and the man passes away, the woman has no legal right to inherit under Thai law. unless…Unless there is a will

If the man had made a will clearly stating that he wished to leave part or all of his property to the woman, even though they were not legally married, the will can be legally enforced according to the testator’s intent.
In such a case, the woman would receive the inheritance as a legatee under the will, not as a statutory heir.

Rights of a Child Born to Unmarried Parents

For the child, even if the parents were not legally married, the child can still be a statutory heir of the father if the child is legally acknowledged. This can be done through:

• The father being listed as the parent on the child’s birth certificate
• The father filing a petition to the court to acknowledge the child
• Legal evidence or a court judgment confirming paternity

In such cases, the child has the right to inherit from the father, unlike the mother, who has no legal status.

In the absence of children and a will

If the man dies without children and has not made a will, his assets will be passed on to the next class of statutory heirs, such as his parents or siblings, in accordance with the legal order.

This illustrates that a woman who lived with the man without registering their marriage has no legal right to inherit, unless she can prove her right to certain assets—for example, property she contributed to acquiring or assets that were jointly purchased.

In the case of jointly purchased property

n practice, if the woman has evidence that she contributed to purchasing certain assets, such as a house, car, or business, even if the property is under the man’s name, she may be able to sue for a share of the property as a joint owner, not as an heir.

In such cases, a lawyer plays a crucial role in collecting evidence and filing a claim for joint property rights. This may be the only avenue for the woman to receive some benefit from the deceased’s assets.

For situations like this, consulting a lawyer is very important, especially when there is a dispute over property rights or multiple parties claiming a share of the inheritance.

Summary: Living Together Does Not Equal Legal Rights

Even if a couple has lived together for a long time, has children, and shares emotional bonds, without a legally registered marriage, it carries no legal effect regarding inheritance. The woman has no right to inherit as a statutory heir unless there is a will or she can prove joint ownership of property.

To avoid such complications, legal planning—such as making a will or legally acknowledging a child—should not be overlooked. If there are any doubts about one’s legal rights, it is essential to consult an experienced lawyer promptly to protect those rights properly.

Written by : Kannikar Charoenweerawong (Internship Student in Chinese Language)