Thailand Law Library

by Thailand Lawyer

Title V: Vacant Estates

Subject to the rights of the creditor of the estate, where on the death of a person, there is no statutory heir or legatee or creation of foundation under a will, the estate devolves on the state.

Title VI: Prescription

An action concerning inheritance cannot be entered later than one year after the death of the de cujus or after the time when the statutory heir knows or ought to have known of such death.

An action concerning a legacy cannot be entered later than one year after the time when the legatee knows or ought to have known of the rights to which he is entitled under a will. Subject to the provisions of Section 193/17 of this Code, a creditor having against the de cujus a claim which is subject to a prescription longer than one year is barred from bringing an action after one year from the time when he knows or ought to have known of the death of the de cujus.

In no case shall claims under the foregoing paragraphs be entered later than ten years after the death of the de cujus.

The prescription of one year can be set up only by an heir or a person entitled to exercise the rights of an heir or by an administrator of the estate.