Thailand: Inheritance Distribution with the Involvement of a Legitimate Spouse

Separate Property (Sin Suan Tua)

This terminology is defined by Section 1471 of the Thai Civil and Commercial Code (TCCC) as follows:

1. Property belonging to a spouse before marriage.
2. Personal use or profession-carrying property to a spouse.
3. Acquired property by spouse during marriage through a will or as a gift.
4. Engagement property (Khong Man).

In the circumstance of an exchange of a separate property to another property, the latter shall be a separate property and belong to the spouse, according to Section 1472 of the TCCC. If a property is damaged or destroyed partly or entirely, it is still a separate property, nonetheless.

Upon the death of the testator, all of the properties belong to the sole owner and are not subject to the inheritance distribution among designated heirs. The spouse is the manager of these separate properties as stated in Section 1473 of the TCCC.   

Marital Property (Sin Som Ros)

This term defines a jointly-owned property between the testator and the spouse, in which Section 1474 of the TCCC emphasizes elements of such property:

1. Property acquired during marriage.
2. Property acquired by spouse through a will or as a gift during marriage in writing.
3. As a separate property defined in Section 1471. 

In the case of a doubt of property whether it is categorized as marital property or not, it is classified to be marital property by default unless there is a proof of separate property.

Once the testator is deceased, the spouse owns half of all these assets before the inheritance is distributed to the designated heirs.

The 4 elements of the separate property under Section 1471 are not considered as marital property. 

Management of Marital Property as Inheritance: 24,000,000 THB Case Examples

Section 1635 of the TCCC grants a legally-married spouse to receive inheritance from the testator. However, such management requires an examination of the line of succession for heirs for a legally-recognized distribution. 

Case 1: Descendants

Three descendants and a spouse (bringing the total to 4 parties) shall be involved in the succession. The proportion of inheritance distribution shall be 25 percent, as the spouse is entitled to receive an equal amount as the descendants. Hence, the spouse receives 6,000,000 THB. 

Case 2: Parents

Parents of the testator, and a spouse are involved in the succession. In this case, the proportion of inheritance distribution shall be 50 percent to both parties, as the spouse is entitled to receive half of the inheritance. Thus, the spouse receives 12,000,000 THB.

Case 3: Full-Blood Brothers and Sisters

A full-blood brother and sister of the testator, and a spouse are involved in the succession. The proportion of inheritance distribution in this case shall be 50 percent to these parties, as the spouse is entitled to receive one-half of the inheritance. Thus, the spouse receives 12,000,000 THB.

Case 4: Half-Blood Brothers and Sisters

A half-blood brother and sister of the testator, and a spouse involved in the succession, then the proportion of inheritance distribution shall be 66.67 percent (rounded-up) to these parties. The spouse is entitled to receive two-thirds of the inheritance. Thus, the spouse receives 16,000,000 THB.

Case 5: Grandparents

Grandparents of the testator, and a spouse involved in the succession. In this case, the proportion of inheritance distribution shall be 66.67 percent (rounded-up) to these parties. The spouse is entitled to receive two-thirds of the inheritance, the amount being 16,000,000 THB.

Case 6: Uncles and Aunts

Uncles and Aunts of the testator, and a spouse involved in the succession, the proportion of inheritance distribution shall be 66.67 percent (rounded-up) to these parties, as the spouse is entitled to receive two-third (2/3) of the inheritance. Thus, the spouse receives 16,000,000 THB.

Case 7: Spouse Only

Should there be no surviving heirs during the succession, the spouse is entitled to receive the full amount (100 percent) of the inheritance  as there is only one rightful beneficiary. Therefore, the spouse receives 24,000,000 THB.

Documents: Proof of Marriage Legitimacy

In order to prove the marriage legitimacy of the spouse, this person must submit the following documents as grounds to support their case:

1. Marriage certificate 
2. National identification card
3. House registration

Should you have inquiries regarding Inheritance Distribution in Thailand, don’t hesitate to reach out to us. Our team of Thai and international lawyers is dedicated to assisting you in every possible way.

Category: Civil and Commercial Law