Procedures and Restrictions on Succession and Inheritance in Thailand
Renunciation or Refusal to Declare a Will
Even though people may appreciate receiving an inheritance from the deceased testator, some of them may wish to renounce or refuse to receive it. In this circumstance, it is possible to do so by following the virtue of Section 1612 of the Thai Civil and Commercial Code (TCCC):
- Declare the refusal in writing.
- Deposit the declaration with the competent official or by a contract of compromise.
Once the renunciation or refusal of an inheritance is complete, it cannot be revoked. In addition, it cannot be a part or a subject to a condition or a time clause.
Disinheritance of Will
A testator can disinherit heirs if the heir is identified clearly. By following one of the options defined in Section 1608 of the TCCC, the act of disinheritance shall be considered legal:
- By will.
- A written document deposited with the competent official.
Although anyone can write a will or be assigned as the executor of the will, there are several restrictions on the following people who cannot do so:
- Minor (Under the age of 20 as defined in Section 19 of the TCCC)
- Incompetent person
- Quasi-incompetent person
- Unsound-minded person
- A person with a court order of bankruptcy
Can a Monk Claim Inheritance?
A Buddhist monk cannot claim inheritance, unless the person leaves monkhood. However, the monk can be a legatee as prescribed by Section 1622 of the TCCC.
Procedure of Inheritance Management
- The testator makes a will.
- The will is submitted to the court by an heir, a beneficiary, or a prosecutor.
- The court enforces the will and assigns the executor (if the will does not assign one).
- Designated heirs shall submit the following documents to the competent official at the department of land (in the case of land as inheritance).
- Land deeds.
- Will (if available).
- Death certificate of the testator or the deceased heirs.
(as a joint ownership upon receiving the inherited land).
- Marriage and divorce certificates of the testator (for spouse).
- Child adoption certificate (for adopted child).
- A mutual agreement or a court order (for an inheritance dispute).
- House registration and identification cards of the surviving heirs.
- The management of inheritance is completed.
Prescription of Inheritance Management
After the executor has transferred the entire inheritance to the designated heirs, a disputed party has 5 years, according to Section 1733 paragraph 2 of the TCCC, to file a complaint with the court.
Dispute: Inheritance Distribution
When an heir knows or is supposed to know the death of the testator, the heir has 1 year to file a complaint with the court, according to Section 1754 of the TCCC.
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