Succession Law

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The rights of succession for property ownerships involving the house/villa and the lease right over the land become part of the estate of the deceased and then devolve to the chosen heirs and successors.

 

1. Succession:

There are two types of property in this matter.

The first involves property ownership, such as the ownership of a house or villa, which Thai law considers as tangible property and which is therefore part of the estate of the deceased. It therefore devolves to the heirs.

The second involves the right to the property such as a lease right over the land. Thai law considers this to be a purely a personal right of the deceased which shall not form part of the estate of the deceased. It therefore will not devolve to the heirs.

 

2. Estate of the Deceased:

An estate is devolved on the heirs by statute and by will. Heirs can be classified in two types:

(i) brothers and sisters of full blood

(ii) brothers and sisters of half blood

(iii) grandfathers and grandmothers

(iv) uncles and aunts

The surviving spouse is deemed to be a statutory heir in the same class as the descendents.

 

3. Legatees:

These are heirs who have rights according to a will. A legatee may be a juristic person or a natural person.

Statutory Right of Inheritance

If a person dies having made a will, the estate under the will shall be transferred to the legatee. If any estate of the deceased remains, it shall be distributed amongst his Statutory heirs.

 

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