The Intestacy Law in Thailand: How Your Estate Is Divided Without a Will

Summary

In Thailand, if you die intestate, your estate is distributed by rules in the Civil and Commercial Code and the Conflict of Law Act. All assets, rights, and liabilities pass to legal heirs in a set order: children (or substitutes), parents, siblings, and extended relatives, with the surviving spouse receiving a share akin to that of a child. For real estate, local property law applies. These rules ensure that property is allocated fairly based on family ties. Understanding these processes is crucial, so consulting an experienced lawyer is advised to ensure clarity and avoid disputes among heirs for your future.

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The Intestacy Law in Thailand: How Your Estate Is Divided Without a Will

In Thailand, if you pass away without leaving a will, your estate is distributed according to the intestacy law. This process is guided by specific sections of the Thailand Civil and Commercial Code and the Conflict of Law Act. Below is a plain language explanation, along with quotes from the law that show how the estate is divided among legal heirs.

Estate Distribution When There Is No Will

Under Section 1599 of the Civil and Commercial Code, the law clearly states:

“When a person dies, their estate is inherited by the heirs. Heirs may lose their rights to the inheritance only by provisions of this Code or other laws.”

This means that all property, rights, and even some debts of the deceased will pass on to the legal heirs, unless a law specifically disqualifies an heir.

Section 1600 further explains what the estate includes:

“Under the provisions of this Code, the estate of the deceased includes all types of the deceased’s property, encompassing all rights, duties, and various liabilities, unless by law or by the inherent nature of the deceased’s personal circumstances.”

This broad definition covers everything the deceased owned, making it clear that nothing is left out unless the law says otherwise.

Division of the Estate for Married Persons

If the deceased was married, the division of property between the surviving spouse and the rest of the estate is addressed in Section 1625:

“If the deceased is married, the calculation and division of property between the deceased and the living spouse shall be as follows:
(1) The division of property between spouses shall be governed by the provisions of this Code concerning divorce by mutual consent of both parties… however, the calculation of the division takes effect from the date the marriage ends due to death.
(2) The division of the deceased’s estate shall be governed by the provisions of this chapter, except for Sections 1637 and 1638.”

This means that the surviving spouse’s share is determined by rules similar to those for divorce, starting from the date of death.

Who Inherits? The Order of Legal Heirs

The law also specifies the order in which heirs are entitled to inherit, as set out in Section 1629:

“There are only six orders of legal heirs, and under the enforcement of Section 1630, paragraph 2, each order has the right to receive inheritance in the following priority:

1. Successors
2. Parents
3. Siblings from the Same Parents
4. Siblings from the Same Father or Mother
5. Grandfathers and Grandmothers
6. Uncles, Aunts
   Spouses Who Are Still Alive as Legal Heirs Under the Special Provisions of Section 1635.”

Section 1630 adds:

“As long as there are heirs who are still alive or have surviving heirs who have not been disqualified, in each specified order mentioned in Section 1629, heirs in the next lower order have no rights to the deceased’s estate. However, the preceding paragraph does not apply in specific cases… and there are still living parents. In such cases, the parents shall receive a share as if they were heirs in the child order.”

For the surviving spouse, Section 1635 states:

“Order and Share of Living Spouses in Receiving the Deceased’s Inheritance Shall Be as Follows:
(1) If there are heirs under Section 1629 (1) who are still alive or have inheritors replacing them… the living spouse shall have the right to a share as if they are heirs in the child class.
(2) If there are heirs under Section 1629 (3) who are still alive or have inheritors replacing them… the living spouse shall have the right to receive half of the inheritance.
(3) If there are heirs under Section 1629 (4) or (6)… the living spouse is entitled to receive two-thirds of the inheritance.
(4) If there are no heirs as specified in Section 1629, the living spouse is entitled to receive the entire inheritance.”

This detailed ordering ensures that the estate is divided fairly based on the surviving family members.

Real Estate and Movable Property

According to the Conflict of Law Act B.E. 2481, there is a clear rule for property inherited without a will:

• Section 37: “Inheritance concerning real estate shall be governed by the law of the location where the property is situated.”
• Section 38: “Regarding immovable property, inheritance by right of law or by will shall be governed by the law of the domicile of the deceased at the time of death.”

These rules mean that the location of real estate and the deceased’s home play important roles in determining how property is passed on.

Key Principles

• Marital Properties: Must be clearly separated from the rest of the estate.
• Successors: Typically include all children and the surviving spouse, with the spouse often treated as another child in the division process.

Understanding intestacy law in Thailand is important if you do not leave a will. The law provides a clear structure for how your property will be distributed among your heirs. For personalized advice or if you have specific questions, it is wise to consult a lawyer experienced in Thai inheritance law.