Thailand Law Library

by Thailand Lawyer

Chapter 2: Heirship

A natural person can be an heir only when he has, at the time of the de cujes death, personality or is 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 he is born or alive within three hundred and ten days after such time.

An heir who, fraudulently or with the knowledge that he prejudices any other heirs, diverts or conceal property up to or in excess of his share in the succession, shall be absolutely excluded from the succession; if he diverts or conceals less than his share in the succession, he 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 a specific property has been bequeathed, in so far as his right to receive such property is concerned.

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 offence punishable with death, has himself 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 cujes was murdered, did not give information thereof for the purpose of bringing the offender to punishment; but this does not apply if he has not completed sixteen years of age, or if he is unsound mind so as to be unable to distinguish between right and wrong, or if the murderer is his spouse or any of his direct ascendants or descendants;
4. the person who, by fraud or duress, has caused the de cujes to make, revoke or change partly or wholly a will concerning the estate or has prevented him from so doing;
5. the person who, has partly or wholly forged, destroyed or concealed a will.

The de cujes may remove the exclusion due to unworthiness by a pardon in writing.

The effects of exclusion from the succession are personal. The descendants of the excluded heir succeed as if such heir were dead, not in regards to the devolved property, the excluded heir has no right of management and enjoyment as specified in Book V title II Chapter III of this Code. In such case Section 1548 shall apply mutatis mutandis.