Question 2: I have a Thai lady friend - not my girlfriend - who lived with an English citizen for over a year in Thailand during 2008 - 2009. He died after 5 months hospitalisation during which time she never left him, staying in the hospital by his side. At the time he met her she was working in real estate, and still does. The hospital bill was 5.5 million and paid directly from his family in the UK to the hospital. The day he went to hospital he made provision for his girlfriend to support her in case he died as he had a serious condition. She could easily prove that she lived with him as his common law wife. He owns 3 properties in Thailand - 2 condos in Pattaya and a house in Koh Samui. They did not live in either of the apartments but in a smaller rented unit. The house in Koh Samui is occupied by a previous girlfriend of his. He also owns property in the UK. He had a will in the UK made many years ago before he met his girlfriend in which he left his estate to his son. He did not have a Thai will. My questions are:
1. Does his girlfriend have any claim on his estate in Thailand or the UK?
2. Can she lodge a valid claim against his estate in the UK (which I suppose would have to include his Thai assets). I ask this on the assumption that she might qualify as his common law or de facto wife in the UK, if not in Thailand.
Sunbelt responds: The principle of a common law or de facto marriage is not 'officially' recognised under Thai law. Only registered marriages entered into the marriage register (section 1457) are recognised as legal and valid marriages in Thailand and create the rights, duties and responsibilities of husband and wife under Thai family law. However, what his girlfriend would most likely rely on is Thailand's cohabitation laws that state that in the case where two people (irrespective of whether they are married or not) live with each other and make a living in support of each other then any property owned during this period may be divided 50 : 50 between the two parties. Therefore if he had purchased the condo while they were living together, once they split up the girlfriend could apply to the courts for a division of common property. From the Common Law, section 1356 to 1366, she would then have to show proof and evidence of their relationship:
1. Evidence about the relationship that shows it was like a marriage i.e. photos, or other evidence that can prove they had a relationship similar to a marital relationship.
2. All evidence of any property acquired during the period of the relationship.
3. Evidence of an agreement to sell or buy property together. Including the payment, slip, bill, transfer records and bank account details.
At the end of the day though she will fail in her claim to his estate as this cohabitation law only comes into play if the couple separates, not when one party is deceased. In such as case his estate will go to the beneficiaries in his will.