What You Should Know about Inheritance in Thailand 您應該知道的泰國繼承
In our earlier article “How to Deal with Inheritance Without a Will in Thailand” at https://0rz.tw/4jZrn, there are six classes of statutory heir, and each class in 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.
In the event that the deceased did not make a will, the person entitled to inheritance must be an heir under Section 1629. If there are any heirs surviving or represented in a class (heir of that heir) as specified in Section 1629, the lower class of heirs will not have any right to the estate of the deceased. But there is an exception that, in the case where the parents of the deceased are still alive, although the deceased's parents are second-class heirs under section 1629, each parent is entitled to the same share as an heir in the degree of children.
但是，如果往生者沒有立遺囑，則有權繼承的人必須是第 1629 條規定的繼承人。如果有任何繼承人在第 1629 條規定的類別（該繼承人的繼承人）中倖存或有代表，則下層繼承人將無權獲得往生者的遺產。但有一個例外，在往生者的父母仍然健在的情況下，雖然往生者的父母是第 1629 條規定的二等繼承人，但每個父母都有權在子女的程度上享有與繼承人相同的份額。
In addition, the surviving spouse is also a statutory heir. There is also other information we should be aware of how the inheritance shares are being divided in Thailand.
Firstly, under Section 1635 of Thai Civil and Commercial Code (“CCC”), the surviving spouse is entitled to the inheritance of the deceased in the class and in accordance with the division as hereunder provided:
Ø if there is an heir according to Section 1629 (1) of CCC, surviving or having representatives as the case may be, such surviving spouse is entitled to the same share as an heir in the degree of children;
如果有根據 CCC第 1629 (1) 條規定生存或有代表(視情況而定)的繼承人，生存配偶有權享有與子女同等級繼承人相同的股份數;
Ø if there is an heir according to Section 1629 (3) of CCC and such heir is surviving or has representatives, or if in default of an heir according to Section 1629 (1) of CCC, there is an heir according to Section 1629 (2) as the case may be, such surviving spouse is entitled to one half of the inheritance;
如果有根據 CCC第 1629 (3) 條規定生存或有代表的繼承人、或是如果根據CCC第1629 (1)條無繼承人，如果有根據第1629 (2)規定的繼承人，該生存配偶有權獲得一半的遺產;
Ø if there is an heir according to Section 1629 (4) or (6) of CCC and such heir is surviving or has representatives, or if there is an heir according to Section 1629 (5) of CCC as the case may be, such surviving spouse is entitled to two-thirds of the inheritance;
如果有根據CCC第Section 1629 (4)或(6)條規定生存或有代表的繼承人、或是有根據CCC第1629 (5) 條規定(視情況而定)的繼承人，生存配偶有權獲得三分之二的遺產;
Ø if there is no heir as specified in Section 1629 of CCC, such surviving spouse is entitled to the whole inheritance.
Secondly, when descendant take equal share with the deceased’s parent, when there is more than one heir in any one class, they take an equal share of the entitlement available to that class. The surviving spouse is a statutory heir, but the entitlement depends on what other class of statutory heir exists. If there are any surviving children of the deceased, both spouse and children take the shares between them. In other words, if there are three children, the shares are divided in to four equal portions.
One thing should be aware of is that if the share division is judged by court, foreign court judgment will not be enforceable in Thai courts, but it can nevertheless be used as evidence during probate procedure in Thailand. In addition, foreign wills may be enforceable in Thailand. Nevertheless, for a foreign will to be enforceable in Thailand, it is important to make the will to be consistent with Thai laws.
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