Section Code: 1639 - 1645

Thai Civil and Commercial Code

SUCCESSION
TITLE II
STATUTORY RIGHT OF INHERITANCE

Chapter 4: Representation for the Purpose of Receiving Inheritance

Section 1639. Representative Heirs

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 death of the de cujus, his descendants, if any, shall represent him for the purpose of receiving inheritance. If any of his descendants is dead or has been excluded in the same manner, the descendants of such descendants shall represent him 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 stirpes.

Section 1640. Juristic Person

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. Exclusion before Death

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 only for Statutory Heirs

Representation for the purpose of receiving inheritance shall take place only among statutory heirs.

Section 1643. Right of Representation only for Direct Descendants

The right of representation for the purpose of receiving inheritance belongs only to the direct descendants, the ascendants having no such right.

Section 1644. Right to be a Representative

A descendant may represent for the purpose of receiving inheritance only if he has complete right to the inheritance.

Section 1645. Renunciation can still be Representative

Renunciation of inheritance of a person does not preclude the renouncer from representing such person in inheriting from another person.