How to Deal with Inheritance Without a Will in Thailand 在泰國如何處理沒有遺囑的財產
With the development of modern society, many people have the concept of drafting a will to distribute their property when they passed away. However, some people passed away suddenly without a will. In this situation, Thai Civil and Commercial Code (“CCC”) has relevant regulation regarding to this.
Based on CCC, there are only six classes of statutory heir, and each class is entitled to inherit in the following order:
1) descendants; 後代
2) parents; 父母
3) brothers and sisters (full blood); 親生的兄弟姊妹
4) brothers and sisters (half blood); 有一半血緣關係的兄弟姊妹
5) grandparents; 祖父母
6) uncles and aunties. 叔叔舅舅、姑姑阿姨
The surviving spouse is a statutory heir of the same class as the descendants.
In addition, if there is any heir surviving or represented in a class as specified in Section 1629 as the case may be, the heir of the lower class has no right at all to the estate of the deceased.
However, the forgoing paragraph does not apply in the particular case where there is any descendant surviving or represented as the case may be, and also the parents or one of them are still surviving; in such case each parent is entitled to the same share as an heir in the degree of children.
As to the division of shares, Section 1633 of CCC indicates that the statutory heirs of the same class in any of the classes as specified in Section 1629 are entitled to equal shares. If there is only one statutory heir in such class, he is entitled to the whole portion.
Furthermore, if the owner of a property died outside of Thailand and the property is divided in accordance to foreign court judgment, it is not recognized in Thailand. The heir must file a new case in Thailand and use such foreign judgment as an evidence in the court to obtain the court’s approval.
Please also note that there is 5% of inheritance tax if the recipient is an ascendant of descendant of the decedent.
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