In Thailand, the provisions regarding the inheritance are set in the Civil and Commercial Code, covering both: in case of the person who dies intestate and dies with the will. H&P lawyers have assisted clients of more than ten nationalities in works related to inheritance law in Thailand during 2020 and 2021.
There are many elements that should be bear in mind and are extremely important related to Thailand Inheritance Law, so we recommend that you consult a lawyer in Thailand with expertise in Thai Succession Law.
DEFINITION OF ASSET IN THAILAND
Asset in Thailand, means all properties of the decedent in any kind, as well as the rights, duties and liabilities, except those which by law or by their nature are purely personal to the decedent.
INTESTATE SUCCESSION IN THAILAND
If a person passes away in Thailand without providing a valid will, the decedent’s property and asset will be allocated to the surviving spouse and the heirs, which under this circumstance both are called “Statutory Heir”.
The provisions of the inheritance law in Thailand are set forth in the Division 6 of the Civil and Commercial Code (CCC). The statutory heirs other than the spouse, are classified into six different classes under section 1629 of the CCC: 1) descendants; 2) parents; 3) brothers and sisters; 4) half-brothers and half-sisters; 5) grandparents; 6) uncles and aunts.
SUCCESSION WITH A WILL IN THAILAND
The essential issue where the person dies with the will, is whether such document is enforceable. Under law, the will shall be made in the form as specified under section 1656-1669, for example; 1) made in writing and signed before at least two witnesses; 2) made by an holograph document with the testator own hand writing in the whole text of documents; 3) made by a public document, which shall be declared and signed by the authority at the district office; 4) made by a secret document, shall be sealed and then declared such closed document to the district office authority; 5) oral will, under exceptional circumstances such as imminent danger of death.
H&P lawyers can assist the testators to make valid wills in Thailand and also our Thai Lawyers assist the family of the foreign individuals who pass away in Thailand to secure their legitime rights in succession and inheritance in Thailand, especially when there are bank accounts with funds in Banks, properties and assets registered at Land Department or shares in companies under the name of the deceased in Thailand.
If you need legal advice on inheritance law in Thailand, succession and protection of assets, please contact our law firm in Thailand at [email protected]