Thai Statutory Heirs

Lets look at Thai Statutory Heirs. The sections below provide a basic outline the rules governing inheritance and succession in Thailand. Likewise, including the appointment and duties of administrators of estates. Additionally, I will need to refer to the original Thai text for use in court proceedings, and I will also review the intestate succession laws for a comprehensive understanding of the legal framework. If you have any specific questions or further instructions, please let me know. See Bangkok family lawyer for more information. See also the living will Thailand as well as making a will in Thailand on here.

This covers the different inheritance degrees as well as what the spouse will inherit. The representatives as well as renouncing your inheritance. Likewise also see the succession as well as the issues of disinheritance. Lastly there is also the article on revoking a Will as well as the type of Wills in Thailand.

Section 1632 

Nonetheless, contingent upon the provisions outlined in the last paragraph of Section 1629, the allocation of inheritance to statutory heirs within various classes of relatives shall adhere to the guidelines set forth in Part I of this Chapter.

Section 1633

Furthermore, statutory heirs belonging to the same class as specified in Section 1629 are entitled to receive equal shares. In cases where only one statutory heir exists within such a class, they are entitled to claim the entire portion.

Section 1634

delineates the division among descendants entitled via representation according to the per stirpes method as outlined in Chapter IV of Title II:

– In cases where descendants are of different degrees, only the children of the deceased closest in degree are eligible to inherit directly. Descendants of lower degrees can inherit only through representation.

– Descendants within the same degree are entitled to equal portions.

– If there is only one descendant within a degree, they are entitled to the entire share.

Property Division (Court Case)

In the division of inheritance among heirs, each person is entitled to a portion according to their share. In a scenario where four plaintiffs and one defendant file a lawsuit to divide the inheritance, all being recognized as children and heirs of the deceased inheritor, there are a total of six individuals involved. Each of them should be considered entitled to an equal share of the inheritance, which means each person would receive 1/6 of the total estate.

However, if each plaintiff asserts a claim to 1/5 of the share, and there are no other heirs contesting for a portion of the inheritance, it implies that there may be additional complexities or factors influencing the distribution process. In such instances, seeking legal advice or conducting a thorough examination of the specific circumstances would be imperative to ascertain the fair and equitable distribution of the inheritance among all entitled parties.

Supreme Court Judgment No. 706/2513

Section 1635 

delineates the entitlements of the surviving spouse to the inheritance of the deceased in a structured manner, akin to Western legal principles:

Firstly, if there exists an heir within the estate per Section 1629 (1), whether the surviving spouse or represented, the surviving spouse is accorded a share identical to that of an heir in the children’s degree, resembling what is commonly known as the “Child’s Share” in legal parlance.

Similarly, in scenarios where an heir to the estate is identified per Section 1629 (3), and they happen to be the surviving spouse or are represented, or in instances where no heir is found under Section 1629 (1) but an heir is present per Section 1629 (2), the surviving spouse is granted a half portion of the inheritance.

Furthermore, if an heir to the estate is designated under Section 1629 (4) or (6) or if an heir is recognized under Section 1629 (5), and such heir is the surviving spouse or represented, the surviving spouse is entitled to two-thirds of the inheritance.

Lastly, in the event that no heir specified in Section 1629 is identified, the surviving spouse is bestowed with the entirety of the inheritance.

Section 1636 

addresses scenarios where the deceased has left multiple surviving wives who obtained their legal status before the enactment of the Civil and Commercial Code Book V, a significant aspect considering the historical context of Thailand. In such cases, all surviving wives collectively share the entitlement to inherit in accordance with the class and division stipulated in.

Section 1635 

However, among themselves, each secondary wife is entitled to inherit half of the share allocated to the principal wife.

Section 1637 

outlines the entitlement of a surviving spouse who is the beneficiary of a life insurance policy. In such instances, the surviving spouse has the right to receive the entire agreed-upon sum from the insurer. However, they are obligated to reimburse either the Sin Derm or the Sin Somros of the other spouse, depending on the circumstances, by repaying any premiums deemed excessive in relation to the deceased’s income or customary lifestyle. Importantly, the amount to be reimbursed under these provisions cannot exceed the total sum paid by the insurer.

Section 1638 

pertains to situations where both spouses have jointly invested in a contract providing for an annuity payable to both spouses during their joint lives, with the survivor entitled to receive it thereafter. In such cases, the surviving spouse is obligated to compensate either the Sin Derm or the Sin Somros of the other spouse, as applicable. This to the extent that such Sin Derm or Sin Somros has been utilized for the investment. This compensation to the Sin Derm or Sin Somros should be equivalent to the additional sum required by the provider of the annuity to continue paying it to the surviving spouse.

Section 1639 

If someone who would have been an heir according to specific sections of the law is deceased or excluded before the deceased person. Then, their descendants step in to represent them for the purpose of inheriting. This representation continues through successive generations until the inheritance is fully distributed.

Section 1640

If someone is deemed to have died according to certain provisions of the law, representation for inheritance purposes can still occur.

Section 1641 

If someone who would have been an heir under specific sections of the law is deceased or excluded before the deceased person, their entire share of the inheritance goes to the other surviving heirs of the same class, and no representation occurs.

Section 1642 

Representation for inheritance purposes only applies among statutory heirs.

Section 1643

Only direct descendants have the right to representation for inheritance purposes; ascendants do not have this right.

Section 1644 

A descendant can represent for inheritance purposes only if they have the complete right to inherit.

Section 1645

Renouncing inheritance from one person doesn’t prevent the renouncer from representing that person in inheriting from another person.

Receipt of inheritance is permitted only for descendants who inherit on behalf of their parents under the Civil and Commercial Code, as outlined in Sections 1639 and 1642. Plaintiff No. 1, being the wife of S., is not a descendant of S. Hence, S. has no right to inherit on behalf of S. S. has three children, namely K., the second, and third plaintiffs.

K. has waived S.’s inheritance but has retained the right to receive their own inheritance. Therefore, P. is entitled to inherit on behalf of S. in A.’s inheritance, as stated in Section 1645 of the Civil and Commercial Code. Therefore, plaintiffs 2 and 3 also have the right to inherit on behalf of S. in A.’s inheritance, with each receiving one-third.

Supreme Court Judgment No. 5189/2539

Note: This is an unofficial translation provided for purposes of scholarship and information.

See also the articles on a probate lawyer in Thailand or probate lawyers Thailand option as well. Lastly see also the notary service Bangkok article and the notary public Bangkok option.