Many expats in Thailand share finances with their partner, but what happens if your partner dies and their bank account is in their name?
Many believe that a Power of Attorney can solve this problem – but in Thailand, all powers of attorney become invalid upon death. This means the bank immediately freezes the account, and the surviving partner cannot withdraw funds without legal action.
What Happens to a Bank Account When Someone Dies in Thailand?
- The bank freezes the account – As soon as the bank is notified of the death, all accounts in the deceased’s name are locked.
- No one can withdraw money – Even if you have their ATM card and PIN, withdrawing funds after their death is illegal.
- Funds can only be accessed through a court order – The surviving partner must go through the Thai court system to claim the funds.
Are You Really Married Under Thai Law?
Many expats assume they are legally married in Thailand after having a traditional Thai wedding ceremony. However, religious or cultural weddings are not legally recognized in Thailand.
How to Check If Your Marriage Is Legal?
- A legal marriage in Thailand must be registered at the Amphur (district office).
- If you do not have an official Thai marriage certificate (ใบสำคัญการสมรส), you are not legally married.
How to Avoid Bank Account Problems If Your Partner Dies
| Question | If You Are Married (Legally Registered) | If You Are Not Married (Unregistered or Living Together) |
|---|---|---|
| Will the surviving partner automatically access the account? | ❌ No, the account is frozen | ❌ No, the account is frozen |
| Does the surviving partner have inheritance rights? | ✅ Yes, but requires a court decision | ❌ No, unless a will exists |
| How can you protect yourself? | ✅ Will or joint account | ✅ Will, joint account, or life insurance |
How to Protect Yourself in Advance?
- Check if your marriage is legally registered – Request a copy of your marriage certificate from the Amphur.
- Open a joint bank account – If both names are on the account, the surviving partner can access it.
- Write a will – Ensure your partner legally inherits your assets.
- Consider life insurance – This provides quick financial security for your partner.
Need legal assistance?
Our experts at Expat Protected can help you secure your financial future.
