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Friday, 19 December 2014
Inteatacy in Thailand
Intestacy in Thailand
What happens if a deceased has no Will?
By Joe Lynch,
Accredited Australian Family Law Specialist
Lanna Lawyers, Chiang Mai, Thailand
Under Section 1629 of the Thai Civil and Commercial Code
there are said to be only six classes of statutory heirs (in fact there are 7)
and subject to the provisions of Section 1630(2) each class is entitled to
inherit in the following order:
3) Brothers and sisters of full blood;
4) Brothers and sisters of half-blood;
6) Uncles and aunts.
A surviving spouse is also a statutory heir, subject to the
special provisions of Section 1635.
Where a person dies intestate Thailand, that is without
having made a Will, then those entitled to the estate are as follows:
1. The surviving
spouse inherits the whole estate in the absence of any other statutory heir
(Section 1635(4) Section Thai Civil and Commercial Code “TCCC”)
If the deceased is survived by a spouse, the spouse is
entitled to 50% of the common or marital property of the deceased and the
remaining estate passes as set out below (Sections 1625, 1629 and 1635 TCCC)
If the deceased is survived by a spouse and children, the
surviving spouse and children are entitled for the remaining estate which shall
be equally distributed amongst them. (Sections 1629 and 1635(1) TCCC)
If the deceased is
survived by a spouse and a parent or parents but no children, the surviving
spouse is entitled to 50% the remaining estate property and the deceased’s
parent or parents to the other 50% of the remaining estate; (Sections 1629 and
If the deceased is
survived by a spouse and brothers and sisters of full blood, but with no
surviving children or parents, then the
surviving spouse is entitled to 50% of the remaining estate and his siblings of
the full blood are entitled to the other remaining 50% (Sections 1629 and
6. If the
deceased is survived by a spouse and otherwise only by heirs in classes 4, 5, 6
specified in the TCCC brothers and sisters of half-blood, grandparents, uncles
and aunts, then the spouse will inherit 2/3s of the remaining estate and the
heirs the highest class will be entitled to the other 1/3 of the remaining
estate which will be divided in equal shares amongst them (Sections 1629 and
The surviving spouse inherits the whole estate in the
absence of any other statutory heir (Section 1635(4) TCCC)
If the deceased has no surviving spouse, then the statutory
heirs in the highest class are entitled to the whole of the estate and if more
than one in equal shares (Section 1620 and 1620 TCCC).
9. Under the Thai
law where a deceased dies intestate leaving no statutory heirs, including a
spouse, as specified above, the estate
of the passes to the State, subject to the rights of the deceased’s creditors.
Entitlement on intestacy is a complex area of the law in
Thailand. There are exceptions where some legatees or statutory heirs may be
excluded from entitlement. The above is a good guide but is in no way a
substitution for expert professional legal advice.