At the end of one's life, it is undeniable that the passed ones' assets are still left and be inherited by heirs of that person. In practice, it is wise to make the Will in order to let the decedent manage the assets and to lessen the hassle of dividing the assets between the rightful heirs.
When a person's life ends, it is undeniable that all the deceased's property remains and is inherited by the person's heirs. It is actually wise to have a will in place so that the deceased manages the assets and reduces the hassle of distributing them among the legal heirs.
Under Thailand Civil and Commercial Code, the executor of an executor shall govern the estate of the passing one to let the rightful heir to receive their shares of the estate regardless of the Will is presented or not. As such, it can be determined into two situations where:
According to Thai Civil and Commercial Law, regardless of whether a will is made or not, the executor should manage the deceased's estate and allow the legal heirs to receive their share of the estate. Therefore, two situations can be determined:
1. No Written Will
No written will
If the deceased does not make any official Will, the estate shall be separated equally amongst the tiers of “Rightful Heir” under Section 1629, and the rightful heir shall be as such:
If the deceased did not make any formal will, according to Article 1629, the estate shall be divided equally among the various classes of "legitimate heirs", who shall be:
1. Direct Child(ren) of the Deceased
direct children of the deceased
2. Parents of the Deceased
parents of deceased
3. Direct siblings of the Deceased (with the same Parents)
Biological brothers and sisters of the deceased (same father and mother)
4. Indirect siblings of the Deceased (with the same Father)
Half-blood brothers and sisters of the deceased (same father or mother)
5.Grandparents
grandparents
6. Uncles, Aunts
uncles, aunts
Moreover, Section 1635 permits the spouse of the Deceased to possess the same tier as the Direct Child of the deceased. The right to receive the inheritances of the spouse shall be discussed later on.
In addition, Article 1635 allows the spouse of the deceased and the direct children of the deceased to be heirs of the same level. The rights of a spouse to inherit an estate will be discussed later.
However, it is not an equal split for all listed individuals. As presented in Section 1630, the law has laid down that, if the earlier tier, as stated previously, of the heirs are still alive, that alive heirs shall inherit all estate.
However, the estate is not distributed equally to everyone listed. Article 1630 of the law provides that if the heirs of the deceased's previous rank (as mentioned above) are still alive, the living heirs shall inherit all property.
If there are multiple individuals in the same tier, the estate shall be split amongst that tier of heirs equally. This does not cut the spouse's right to receive inheritances whatsoever.
If there are multiple heirs of the same class, the estate shall be divided equally among the heirs of that class. This does not diminish the spouse’s right to any inheritance.
[Example #1: if the Deceased has 2 children, no spouse, and 1 direct brother. By the virtue of Section 1630, the estate shall be split amongst 2 children 50% equally. The Direct brother will receive nothing.]
[Example #1: If the deceased had 2 children, no spouse, and 1 biological brother. According to Article 1630, the estate shall be divided equally between the 2 children 50%. A biological brother will gain nothing. ]
The law also makes an exception, if the Parents of the deceased still exist, Parents shall receive the inheritances in a ratio as the children of the deceased will receive equally.
The law also provides exceptions. If the deceased's parents are still alive, the parents should receive the inheritance in proportion to the average proportion received by the deceased's children.
[Example #2: if the deceased has 2 children, no spouse, parents of the deceased still alive, and 1 direct brother. By the virtue of Section 1630, the estate shall be split amongst 2 children and 2 alive parents of 25% equally on each rightful heir. The Direct brother still receives nothing.]
[Example #2: If the deceased had 2 children, no spouse, the deceased’s parents are still alive, and there is 1 biological brother. According to Article 1630, the estate shall be divided among the 2 children and 2 surviving parents, with each legal heir sharing 25% equally. The biological brother still hasn't received anything. ]
1.2 Right of the Spouses of the Deceased
Rights of deceased spouse
According to Section 1635, if the spouse of the deceased is still alive, he/she shall inherit the estate regardless of the tiers as mentioned earlier. However, the ratio of shares in the estate is different and NOT an equal split and shall be as such:
According to Article 1635, if the spouse of the deceased is still alive, the estate shall be inherited regardless of the above categories. However, the proportion of inheritance received is different.Notdivided equally, but:
1.2.1 If, Children are still alive, the Equal share shall be split in a ratio equal to what children are entitled to.
If the children are still alive, they shall be divided equally in proportion to the proportion to which they are entitled.
[Example #3: if the deceased has 2 children, 1 spouse, parents of the deceased still alive, and 1 direct brother. By the virtue of Section 1635, the estate shall be split amongst the spouse, 2 children, and 2 alive parents of 20% equally on each rightful heir. The Direct brother still receives nothing.]
[Example #3: If the deceased had 2 children, 1 spouse, the deceased’s parents are still alive, and there is 1 biological brother. According to Article 1635, the estate shall be divided equally between the spouse, 2 children and 2 surviving parents20% to each legal heir. The biological brother still hasn't received anything. ]
1.2.2 If the Direct Sibling is still alive OR the parent is still alive, the spouse will be inherited 50% of the deceased's estate. The rest shall be split amongst the numbers of Parents and Direct Siblings.
If biological siblings are still aliveorIf the parents are still alive, the spouse will inherit the 50% of the deceased’s estate. The remainder shall be divided equally among the parents and biological brothers and sisters.
1.2.3 If the Deceased has no children, no alive parents, and no direct siblings but an Indirect sibling or Uncle/Aunt still alive, the spouse will be inherited 1/3 of the deceased's estate. This ratio also applied if no alive Uncle /Aunt but Grandparents are still alive.
If the deceased has no children, living parents, or biological siblings, but has a half-blood sibling or uncle/aunt who is still alive, the spouse will inherit 1/3 of the deceased’s estate. This ratio also applies if there are no living uncles/aunts but the grandparents are still alive.
1.2.4 If no there is no rightful heir as stated in Section 1629, the Spouse shall inherit 100% of the estate.
If there is no legal heir as provided in Article 1629, the spouse shall inherit the estate of 100%.
2. Legally Certified Will is Existing
Have a legal will
As per Section 1646, the Will shall be counted as the “Contract” which will be executed after the Estate owner is passed. The will can be made in 2 forms.
Under Article 1646, a will shall be counted as a "contract" to be executed after the death of the owner of the estate. A will can come in two forms.
2.1 Verbal Will
oral will
In the case where the estate owner could not execute the will as the circumstances does not allow the written Will to be formed, the Verbal Will can be executed with the presence of 2 witnesses. After the will is formed, the witnesses shall be presented at the District Office to ratify the Will. After the ratification, it is deemed that such Verbal Will is fully enforced after the death of the Estate Owner. If no ratification has been made, it shall be deemed void entirely and the process of inheritances of the The deceased shall proceed as if the will is never made in the first place.
If the estate owner is unable to execute the will due to circumstances that do not allow the making of a written will, an oral will may be executed in the presence of 2 witnesses. After making a will, witnesses should go to the District Office for approval of the will. Once approved, the oral will is deemed to be fully effective upon the death of the homeowner. If the will is not approved, the will will be deemed to be completely invalid and the deceased's inheritance process will proceed as if the will had never been made.
In order to make the Ratification, Copy of the Estate Owner's ID, House registrar, and 2 aforementioned witnesses must be presented at the District Office.
For the will to be approved, a copy of the owner's identity, house registration and the above 2 witnesses must be presented at the regional office.
2.2 Written Will
written will
There are 3 ways to execute the Will, which are as followed:
There are three ways to execute a will, as follows:
2.2.1 Unofficial/Self-Written Will
Unofficial/self-made will
As per Book 6, Title 3 of the Thailand Civil and Commercial Code, the forms of the Will must be met which includes the Name of the Estate Owner, Date, and Signatures of the Estate Owner in order to be considered a Valid Will. This type of will have not required ratification, and validity shall be executed after the death of the estate owner.
According to Chapter 3 of Volume 6 of the Thai Civil and Commercial Law, the format of the will must comply with the regulations, including the name of the estate owner, the date and the signature of the estate owner, in order to be considered a valid will. This type of will does not require approval and becomes effective upon the death of the estate owner.
2.2.2 Official Will
official will
The most recommended way to fully execute the Will is to make such a will at the District Office. This type of will is called an “Official Will”.
The most recommended way to fully execute a will is to make it at the District Office. This type of will is called an "official will."
Such will be made in front of Government Officials and will be fully executed after the death of the Estate Owner.
This will be done before government officials and will be fully enforced upon the death of the estate owner.
In order to make the Official Will, an original and a Copy of the Estate Owner's ID, Certification of ownership in the estate, and 2 witnesses must be presented at the District Office. In the case of the Estate, the owner is over 60 years old, Medical Certification is also required. The Fee shall be 50 THB per Official Will.
In order to make a formal will, the original and photocopy of the estate owner's identity card, proof of estate ownership and 2 witnesses must be presented at the regional office. For estates, if the estate owner is over 60 years old, a medical certificate is also required. The fee for each formal will is 50 baht.
2.2.3 Confidential Will
keep secret will
The Confidential will shall only be opened after the Estate Owner is passed. No edits or summons of the wills can be made. It can either be made Official or Unofficial types of will.
A confidential will can only be opened after the death of the owner. Wills cannot be edited or summoned. It can be an official or unofficial type of will.
In order to make the Confidential Will, an original and a Copy of the Estate Owner's ID, a Copy of the House registrar, a Sealed envelope with the will inside, and 2 witnesses must be presented at the District Office.
In order to make a confidential will, the original and a copy of the estate owner's identity card, a copy of the house registration, the sealed envelope containing the will and 2 witnesses must be presented at the regional office.
Management of Estate after Death
Estate administration after death
After the death of the Estate Owner, it is required by law that that Estate Manager shall be established by the Court order in order to legally execute the division of the Estate to the rightful heir. According to Section 1649, the Manager shall be established “ As per the Will of the Deceased” which can be any person that the deceased wishes to manage the estate after death.
After the death of an estate holder, the law provides that an estate administrator should be established by court order in order to legally distribute the estate to the legal heirs. Under Article 1649, the administrator shall be established "by the will of the deceased" and may be any person whom the deceased wishes to administer the estate after his death.
If no will is presented or no text in the Will indicates anyone to be the Estate Manager, the rightful heir of the Deceased shall have the right to establish themselves as the manager by submitting the request to the Court and letting the Court order so.
If no will is produced or the will contains no words indicating that anyone will be the administrator of the estate, the legal heirs of the deceased have the right to establish themselves as administrator by filing a petition with the court and having the court order it.
Disposed of Rightful Heir
Determine the legal heir
In the Law, there are 2 primary ways that the Rightful Heir can be disposed of which is:
In law there are two main ways in which legal heirs can be determined, namely:
1. By Will
will
If the Estate Owner wishes to dispose his/her rightful heir, such statement shall be made in the Will or made into documents and submitted a such document to the District Offices. Such persons' share of inheritances shall be cut from the estate entirely.
If the estate owner wants to determine his legal heirs, he must make a statement or document in the will and submit the documents to the District Office. The inheritance shares of these persons shall be fully deducted from the estate.
If such disposal is made at the District Offices, an Original ID and a Copy, Copy of the House registrar, and 2 witnesses shall be presented at the district office. A Fee of 20 THB shall be paid with an extra 20 THB for maintaining such document.
If the decision is made at the regional office, the original and photocopy of the ID card, a photocopy of the house registration and 2 witnesses should be presented at the regional office. A fee of 20 Baht is payable and an additional 20 Baht is payable to maintain this file.
2. By Virtue of Law
According to law
According to Section 1606, the Rightful Heir shall be automatically disposed of and deemed “unqualified” if the circumstances show that the individual is:
Under Article 1606, the legal heir shall be automatically determined and deemed "disqualified" if the individual is:
a. being sentenced on the crimes of intentionally and unlawfully causing the Estate owners or other rightful heirs in tiers before themselves to die;
Sentenced for intentionally and illegally causing the death of the estate owner or other legal heirs;
b. accused the Estate Owner to received Death Penalties and later proved that such accusation is false;
Accusations against an estate owner who were declared dead and later proved to be false;
c. knowingly that the Estate Owner is being killed, but ignore and refuse to report a such crime (this shall not be applied to the persons under 16 years of age, incompetent persons or the murderer is the spouses, parents, or child of such persons);
Knowing that the estate owner has been killed, but ignoring the case and refusing to report the crime (does not apply to persons under 16 years of age, incapacitated persons or the murderer is the spouse, parent or child of such person);
d. willingly and intentionally threatens the estate owner to write the wills or prevent the amendments to that will and;
Voluntarily and intentionally threatens the owner of the estate to write a will or prevent changes to the will, and;
e. falsifying/destroying/concealing the part or entire will.
Forgery/destruction/concealment of part or all of a will.
Forfeiture of Inheritances
abandon inheritance
The Rightful Heir, by their wishes, can waive their right in inheritances by submitting the Forfeiture at the District Offices.
The legal heirs may renounce their inheritance rights according to their wishes by submitting documents at the regional office.
An Original ID, a copy of the ID, a Copy of the House Registrar, the Death Certification of the Estate Owner, and 2 witnesses shall be presented. If such persons is a minor, legally declared incompetent persons, or could not manage their own matters, evidence of Parents, Guardian and Curator and the Court's Order shall be presented at the District Office as well.
The original and photocopy of the ID card, a photocopy of the house registration, the death certificate of the owner and 2 witnesses should be presented. If such persons are minors, legally declared incapacitated, or otherwise unable to manage their own affairs, evidence of parents, guardians and conservators as well as court orders shall also be presented to the regional office.
