Intestate Succession in Thailand

In Thailand, where a person died without having executed a will to govern the distribution of his assets, the provisions of the Thai Civil and Commercial Code govern. Under the said law, the whole estate of the deceased person or the decedent will be distributed to his statutory heirs. Intestacy may also be partial, like when the testator made a will but nevertheless did not dispose of all his properties. In this case the remaining assets which were not disposed of by the will of the testator will be distributed to the statutory heir in accordance with Thai laws.

In Thailand, there are six classes of statutory heir namely:

1. Descendants;

2. Parents;

3. Brothers and sisters of full blood;

4. Brothers and sisters of half blood

5. Grandfathers and Grandmothers;

6. Uncles and Aunts.

The surviving spouse is also considered as a statutory heir and the share of the surviving spouse depends on who she/he concurs. If the decedent left several wives who acquired their legal status prior to the effectivity of the Thai Civil and Commercial Code, all wives shall inherit equally. However, as between the wives, the secondary wife is entitled to only one half of the share to which she is entitled.

The statutory heirs of the same class shall be entitled to equal shares under the laws of Thailand. If there is only one heir in that class, he or she gets the whole portion. The share of the surviving spouse shall be in accordance with the following:

1. If the decedent left a spouse and children, the spouse is entitled to 50% of the estate and the children are entitled for the remaining 50% which shall be equally distributed among them.

2. If the decedent left his spouse and parents, the spouse is entitled to 50% and the parents to the other 50%;

3. If the decedent left his spouse and his brothers and sisters of full blood,  the spouse is entitled to 50% and the other 50% goes to his brothers and sisters;

4. If the decedent left his spouse and heirs in classes 4, 5, 6 (brothers and sisters of full blood, grandparents, uncles and aunts, then the spouse will inherit 2/3s of the estate and the remaining heirs will be entitled to the other 1/3 which will be divided in equal shares among them. The surviving spouse takes the whole estate in the absence of any other statutory heir.

Under the Thai laws, when upon the death of a person, he left no statutory heir; the estate of the deceased person shall pass to the State, subject to the rights of the decedent’s creditors.