Succession in Thailand: Heirship

Heirship: Disinheritance

An heir can be anyone under the discretion of the testator. However, such an heir can be excluded from succession under Section 1606 of the Thai Civil and Commercial Code (TCCC), in the following circumstances:

1. Acts with prejudices or fraudulent intentions in getting an excess inheritance.
2. Is guilty of having committed premeditated murder on the testator.
3. Is prosecuted for having committed an offense with a death sentence. 
4. Is convicted for bringing a false charge or fabricating false evidence. 
5. Causes a duress or fraud towards the testator in making, revoking, or changing a will partly or entirely.
6. Forges, destroys, or conceals a will partially or entirely.

Line of Succession: Heirs

The line of succession, according to Section 1629 of the TCCC, shall be determined in the following order:

1. Descendants (sons and daughters)
2. Parents
3. Full-blood brothers and sisters 
4. Half-blood brothers and sisters
5. Grandparents
6. Uncles and aunts

Descendants: Sons and Daughters

There are 3 types of descendants as prescribed in Section 1627 of the TCCC:

1. A legitimate child
2. An illegitimate child
3. An adopted child

Parents: Biological and Adopted

Parents can qualify under two conditions by the prescription of the TCCC:

1. A mother who gave birth to the child as defined by Section 1546.
2. A father with legal legitimacy as defined by Section 1547.

However, child adopters cannot receive inheritance from the child as the testator.

Spouse: Marriage-Registered and Marriage-Unregistered

Before the deceased testator, who had married and registered a marriage with a competent government official, such a spouse is entitled to receive the inheritance in the following circumstances by virtue of Section 1635 of the TCCC:

1. If the sons or daughters survive or have a representative, the spouse shall receive the same amount of inheritance as them.
2. If the parents or the full-blood brothers and sisters survive or have a representative, the spouse shall receive one-half of the inheritance.
3. If the half-blood brothers and sisters, grandparents, uncles, or aunts survive or have a representative, the spouse shall receive two-thirds of the inheritance.
4. If no heir under Section 1629 of the TCCC survives, the spouse shall receive the entire inheritance.

However, a spouse who did not register marriage with the testator prior to the death, cannot have the right to receive inheritance as a sibling.

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Category: Civil and Commercial Law, Thai Will and Testament