Section Code: 1629 - 1631

Thai Civil and Commercial Code

SUCCESSION
TITLE II
STATUTORY RIGHT OF INHERITANCE

Chapter 2: Division into Portions Between Several Classes and Degrees of Statutory Heirs

Section 1629. Classes of Statutory Heirs

There are only six classes of statutory heir 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. No right of lower class of heirs to inherit

So long as there are any heirs 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 forgoing 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. Right of Representation

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.

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