Thailand Civil and Commercial Code Sections-1599-1645
TITLE I
GENERAL PROVISIONS
CHAPTER I
DEVOLUTION OF AN ESTATE
Section 1599. When a person dies, their estate devolves on the heirs. An heir may lose their right to succession only under the provisions of this Code or other laws.
Section 1600. Subject to the provisions of this Code, the estate of a deceased includes their properties of every kind, as well as their rights, duties, and liabilities, except those which by law or by their nature are purely personal to them.
Section 1601. An heir shall not be liable in excess of the property devolving on them.
Section 1602. When a person is deemed to have died under the provisions of Section 62* of this Code, the estate devolves on the heirs.
If it is proved that such person is living or that they died at a time different from that specified in the adjudication of disappearance, the provisions of Section 63* of this Code shall apply as regards their heirs.
Section 1603. An estate devolves on the heirs by statutory right or by will.
Heirs who are entitled by law are called ‘statutory heirs’.
Heirs who are entitled by will are called ‘legatees’.
[*Amended by section 15 Act Promulgating the Revised Provisions of Book I of the Civil and Commercial Code B.E. 2535]
CHAPTER II
HEIRSHIP
Section 1604. A natural person can be an heir only when they have, at the time of the de cujes death, personality or are capable of rights under Section 15 of this Code.
For the purpose of this section, a child shall be deemed to have been en ventre sa mere at the time of such death if they are born or alive within three hundred and ten days after such time.
Section 1605. An heir who, fraudulently or with the knowledge that they prejudice any other heirs, diverts or conceals property up to or in excess of their share in the succession, shall be absolutely excluded from the succession; if they divert or conceal less than their share in the succession, they shall be excluded from the succession up to the extent of the part so diverted or concealed.
This section does not apply to a legatee to whom specific property has been bequeathed, insofar as their right to receive such property is concerned.
Section 1606. The following are excluded from succession as being unworthy:
(1) the person who is convicted by a final judgment of having wrongfully and intentionally caused the death or attempted to cause the death of the de cujus or of a person having prior right to the succession;
(2) the person who, having prosecuted the de cujes for having committed an offense punishable with death, has themselves been convicted by a final judgment for bringing a false charge or for fabricating false evidence.
(3) the person who, having knowledge that the de cujus was murdered, did not give information thereof for the purpose of bringing the offender to punishment; but this does not apply if they have not completed sixteen years of age, or if they are of unsound mind so as to be unable to distinguish between right and wrong, or if the murderer is their spouse or any of their direct ascendants or descendants;
(4) the person who, by fraud or duress, has caused the de cujus to make, revoke, or change partly or wholly a will concerning the estate or has prevented them from doing so;
(5) the person who has partly or wholly forged, destroyed, or concealed a will.
The de cujus may remove the exclusion due to unworthiness by a pardon in writing.
Section 1607. The effects of exclusion from the succession are personal. The descendants of the excluded heir succeed as if such heir were dead, but as regards the property so devolved, the excluded heir has no right of management and enjoyment as specified in Book V title II Chapter III of this Code. In such cases, Section 1548 shall apply mutatis mutandis.
CHAPTER III
DISINHERITANCE
Section 1608. A de cujus may disinherit any of their statutory heirs only by an express declaration of intention,
(1) by will,
(2) by writing deposited with the competent official.
The identity of the disinherited heir must be clearly stated.
However, when a person has distributed all their estate by will, all their statutory heirs who are not beneficiaries under the will are deemed to be disinherited.
Section 1609. A declaration of disinheritance may be revoked.
If the disinheritance has been made by will, the revocation may be made only by will; but if the disinheritance has been made in writing deposited with the competent official, such revocation may be made either as prescribed in Section 1608 (1) or (2).
CHAPTER IV
RENUNCIATION OF AN ESTATE AND MISCELLANEOUS PROVISIONS
Section 1610. When an estate devolves on a minor, or a person of unsound mind, or on a person incapable of managing their own affairs within the meaning of Section 32 of this Code, and such person has not already had a legal representative or custodian or curator, the court shall appoint a guardian, custodian, or curator as the case may be, on the application of any interested person or of the Public Prosecutor.”
[*Amended by Section 15 Act Promulgating the Revised Provisions of Book I of the Civil and Commercial Code (B.E. 2535)]
Section 1611. An heir who is a minor, a person of unsound mind, or a person incapable of managing their own affairs within the meaning of Section 32* of this Code, cannot, except with the consent of their parents, guardian, custodian, or curator as the case may be and with the approval of the Court, do the following acts:
(1) renounce an inheritance or refuse a legacy,
(2) accept an inheritance or legacy encumbered with a charge or condition.
[*Amended by Section 15 Act Promulgation the Revised Provisions of Book I of the Civil and Commercial Code (B.E. 2535)]
Section 1612. Renunciation of an inheritance or refusal of a legacy shall be made by an express declaration of intention in writing deposited with the competent official, or by a contract of compromise.
Section 1613. Renunciation of an inheritance or refusal of a legacy cannot be merely partial or made subject to a condition or time clause.
Renunciation of an inheritance or refusal of a legacy cannot be revoked.
Section 1614. If an heir in any way renounces an inheritance or refuses a legacy with the knowledge that in so doing they prejudice their creditor, the creditor is entitled to claim cancellation of such renunciation or refusal; but this does not apply if the person enriched by such act did not know, at the time of the renunciation or refusal, of the facts which would make it prejudicial to the creditor; provided, however, that in the case of renunciation or refusal made gratuitously, the knowledge on the part of the heir alone is sufficient.
After cancellation of the renunciation or refusal, the creditor may apply to the Court for authorization to accept the inheritance or legacy in the stead and by the right of such heir.
In such a case, after payment to the creditor of such heir, the remainder, if any, of their share in the estate shall accrue to their descendants or to the other heirs of the de cujus as the case may be.
Section 1615. The renunciation of an inheritance or refusal of a legacy by an heir relates back, as regards its effect, to the time of the death of the de cujus.
When renunciation is made by any statutory heir, their descendants, provided they are not persons in whose name a valid renunciation has been made on behalf by their parents, guardians, or custodians as the case may be, shall succeed under their own rights and shall be entitled to the portion equal to the share which would have devolved on the renouncer.
Section 1616. If the descendants of the renouncer have acquired inheritance as provided in Section 1615, regarding the property inherited by his descendants, the renouncer has no right of management and enjoyment as specified in Book V Title II Chapter III of this Code, and Section 1548 shall apply mutatis mutandis.
Section 1617. If any person refuses a legacy, neither such person nor their descendants are entitled to receive the legacy so refused.
Section 1618. If a renunciation is made by a statutory heir who has no descendants to inherit or if a refusal is made by a legatee, the part of the estate so renounced or refused shall be distributed to the other heirs of the de cujus.
Section 1619. A person cannot renounce or otherwise dispose of the rights which they may contingently have to the succession of a living person.
TITLE II
STATUTORY RIGHT OF INHERITANCE
CHAPTER I
GENERAL PROVISIONS
Section 1620. Where a person dies without having made a will, or if having made a will, their will has no effect, the whole of their estate shall be distributed among their statutory heirs according to the law.
Where a person dies having made a will which disposes of or affects only a part of their estate, the part which has not been disposed of or is not affected by the will shall be distributed among their statutory heirs according to the law.
Section 1621. Unless otherwise provided by the testator in their will, although a statutory heir may have received any property under the will, such heir is still entitled to avail themselves of their statutory right of inheritance up to the extent of their statutory share from the estate which has not been disposed of by the will.
Section 1622. A Buddhist monk cannot claim inheritance as a statutory heir unless they leave the monkhood and enforce their claim within the period of prescription specified in Section 1754. However, a Buddhist monk can be a legatee.
Section 1623. Any property acquired by a Buddhist monk during their monkhood shall become, upon their death, property of the monastery which is their domicile unless they have disposed of it during their life or by will.
Section 1624. Property belonging to a person before they entered the Buddhist monkhood shall not become the property of the monastery and shall devolve on their statutory heirs, or may be disposed of by them in any way whatsoever according to the law.
Section 1625. If the deceased was married, the liquidation of property and the distribution of the estate between the deceased and the surviving spouse shall be as follows:
(1) as regards the share in the property of the husband and wife, the provisions of this Code concerning divorce by mutual consent as supplemented by Sections 1637 and 1638, and especially Section 1513 to 1517 of this Code shall apply; however, such liquidation shall take effect from the date of dissolution of the marriage by death;
(2) as regards the share in the estate of the deceased, the provisions of this Book other than Sections 1637 and 1638 shall apply.
Section 1626. After Section 1625 (1) has been complied with, the division of the estate between the statutory heirs shall be as follows:
(1) the estate will be divided among the several classes and degrees of heirs as provided in Chapter II of this Title;
(2) the proportion accruing to each class and degree shall be divided among the heirs of such class and degree as provided in Chapter III of this Title.
Section 1627. An illegitimate child who has been legitimated by their father and an adopted child are deemed to be descendants in the same way as legitimate children within the meaning of this Code.
Section 1628. Spouses who are living apart due to desertion or separation do not lose the statutory right of inheritance to one another as long as divorce between them has not taken place according to the law.
CHAPTER II
DIVISION INTO PORTIONS BETWEEN SEVERAL CLASSES AND DEGREES OF STATUTORY HEIRS
Section 1629. There are only six classes of statutory heirs, and subject to the provisions of Section 1630 paragraph 2, each class is entitled to inherit in the following order:
1) descendants;
2) parents;
3) brothers and sisters of full blood;
4) brothers and sisters of half blood;
5) grandparents;
6) uncles and aunts.
The surviving spouse is also a statutory heir, subject to the special provisions of Section 1635.
Section 1630. As long as 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 foregoing 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.
Section 1631. As between descendants of different degrees, only the children of the de cujus who are entitled to inherit. The descendants of lower degree may receive the inheritance only by the right of representation.
CHAPTER III
DIVISION INTO SHARES BETWEEN THE STATUTORY HEIRS IN EACH CLASS AND DEGREE
PART II
RELATIVES
Section 1632. Subject to the provisions of Section 1629 last paragraph, the distribution of inheritance to the statutory heirs in the several classes of relatives shall be in accordance with the provisions in Part I of this Chapter.
Section 1633. 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, they are entitled to the whole portion.
Section 1634. As between the descendants entitled by way of representation to the division per stripes as provided in Chapter IV of Title II, the divisions shall be as follows:
(1) If there are descendants of different degrees, only the children of the deceased who are the nearest in degree are entitled to receive the inheritance. The descendants of lower degree may receive the inheritance only by virtue of the right of representation;
(2) descendants in the same degree are entitled to equal parts
(3) if in one degree there is only one descendant, such descendant is entitled to the whole share.
PART II
SPOUSES
Section 1635. The surviving spouse is entitled to the inheritance of the deceased in the class and according to the division as provided hereunder:
(1) if there is an heir according to Section 1629 (1) 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;
(2) if there is an heir according to Section 1629 (3) and such heir is surviving or has representatives, or if in default of an heir according to Section 1629 (1), 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;
(3) if there is an heir according to Section 1629 (4) or (6) and such heir is surviving or has representatives, or if there is an heir according to Section 1629 (5), as the case may be, such surviving spouse is entitled to two-thirds of the inheritance;
(4) if there is no heir as specified in Section 1629, such surviving spouse is entitled to the whole inheritance.
Section 1636. If the de cujus has left several wives surviving who acquired their legal status before the enforcement of the Civil and Commercial Code Book V, all those wives are jointly entitled to inherit in the class and according to the division as provided in Section 1635. However, as between themselves, each secondary wife is entitled to inherit one-half of the share which the principal wife is entitled.
Section 1637. If any surviving spouse is the beneficiary of an insurance on life, such surviving spouse is entitled to receive the whole sum agreed with the insurer. But they shall be bound to compensate either the Original assets or the Marital assets of the other spouse, as the case may be, by restoring such sums paid as premiums as may be proved to have been in excess of the amount of money which could be paid as premiums by the deceased having regard to the latter’s income or usual station in life.
The amount of premiums to be restored under the foregoing provisions shall in no case be more than the sum paid by the insurer.
Section 1638. Where both spouses have invested money in a contract whereby an annuity is payable to both of them during their joint lives and afterward to the survivor for life, the latter shall be bound to compensate either the Original assets or the Marital assets of the other spouse, as the case may be, inasmuch as such Original assets or Marital assets has been used for such investment. Such compensation to the Original assets or Marital assets shall be equal in the amount to the extra sum required by the grantor of the annuity in order to continue to pay the annuity to the surviving spouse.
CHAPTER IV
REPRESENTATION FOR THE PURPOSE OF RECEIVING INHERITANCE
Section 1639. If any person who would have been an heir according to Section 1629 (1), (3), (4), or (6) is dead or has been excluded before the death of the de cujus, their descendants, if any, shall represent them for the purpose of receiving inheritance. If any of their descendants is dead or has been excluded in the same manner, the descendants of such descendants shall represent them for the purpose of receiving inheritance, and the representation shall take place in this way as regards the share of each person consecutively to the end of the stripes.
Section 1640. Where a person is deemed to have died according to the provisions of Section 65 of this Code, there may be representation for the purpose of receiving inheritance.
Section 1641. If any person who would have been an heir according to Section 1629 (2) or (5) is dead or has been excluded before the death of the de cujus, the whole share shall devolve to the other surviving heirs, if any, of the same class and no representation shall take place.
Section 1642. Representation for the purpose of receiving inheritance shall take place only among statutory heirs.
Section 1643. The right of representation for the purpose of receiving inheritance belongs only to the direct descendants, with ascendants having no such right.
Section 1644. A descendant may represent for the purpose of receiving inheritance only if they have a complete right to the inheritance.
Section 1645. Renunciation of inheritance by a person does not preclude the renouncer from representing such person in inheriting from another person.
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