Across the years our lawyers in Thailand specialized in private clients and cross border inheritance law have assisted a substantial number of families and heirs. Based on the professional experience at our law firm in Thailand Herrera and Partners H&P, we have prepared a summary of the legal aspects that are relevant in inheritance procedures in Thailand.
Under Thai Inheritance Law, when a person passes away, their rights, duties, and liabilities in respect of their property devolve upon their heirs by operation of law. Heirs entitled to inherit are divided into two categories as follows:
- Statutory heirs:
These are heirs who are biologically related to the deceased, including:
– Descendants of the deceased (e.g., children and grandchildren)
– Parents of the deceased
– Full-blood siblings of the deceased
– Half-blood siblings of the deceased
– Grandparents of the deceased
– Uncles and aunts of the deceased
In addition, a legally registered spouse is also considered a statutory heir entitled to inherit.
Each class of statutory heirs is entitled to inherit in accordance with a specific order and proportion prescribed by law. Where a higher-ranking statutory heir is still alive and entitled to inherit, lower-ranking heirs are excluded.
However, there is an exception in respect of descendants and parents: if the parents of the deceased are still alive, they are entitled to inherit as if they were in the same class as descendants, in accordance with Section 1630, paragraph 2 of the Civil and Commercial Code.
- Testamentary heirs:
These are persons designated by the deceased in a will. The deceased may freely bequeath their estate to any person, regardless of whether such person is a relative or family member.
Where a will exists, the rights and proportions of testamentary heirs must be considered prior to those of statutory heirs, as the law gives primary importance to the intention of the deceased.
Under Thai law, there are several forms of wills; however, the most commonly used is the ordinary form will. A will must comply with the legal formalities and must be valid in both form and the legal capacity of the testator.
Distribution of the estate
If a valid will exists, the estate must be distributed in accordance with the provisions of the will, and any remaining assets shall then devolve upon statutory heirs. If the entire estate is disposed of by will, statutory heirs may be excluded from inheritance.
In cases where there is no will, or where the will disposes of only part of the estate, the remaining estate shall devolve upon statutory heirs. Heirs in the same class are entitled to equal shares in accordance with Section 1633 of the Civil and Commercial Code. Where the deceased has a legally registered spouse, the spouse is also entitled to inherit, subject to consideration of the eligible statutory heirs based on biological relationship.
Even where a statutory heir is entitled to inherit and is still alive, it is necessary to further consider whether a will exists or whether the deceased has expressed an intention to exclude such heir from inheritance. It must also be considered whether the heir has expressly renounced their right to inherit.
Estate Administration
For the administration of the deceased’s estate, whether the heirs are statutory or testamentary, a petition must be filed with the court to appoint an estate administrator. The estate administrator is responsible for collecting the estate, preparing an inventory of assets, and distributing the estate to the heirs in accordance with their respective rights and legal order of succession.
This also includes settling any outstanding debts and liabilities of the deceased at the time of death, such as unpaid debts, liabilities arising from wrongful acts, and tax obligations.
In this regard, the deceased may appoint a specific estate administrator in a will by clearly naming the person they wish to act in such capacity.
If no estate administrator is designated by the deceased, the administrator may be any person agreed upon and consented to by all heirs.
However, the law imposes certain disqualifications for an estate administrator. The administrator must be of legal age, must not be of unsound mind or adjudged quasi-incompetent by the court, and must not be adjudged bankrupt. If any of these prohibitions are violated, an application may be made to the court for the removal of the estate administrator.
If you need to consult with a lawyer in Thailand on succession and inheritance law, please contact our law firm at info@herrera-partners.com
