Translation:Announcements, Acts, and Decrees From the Reign of Rama VIII/Tome 2/Part 32
Contents
Section1599.When any person dies, his inheritance devolves upon the heirs.
An heir may loss the right to the inheritance only by virtue of the provisions of this Code or other law.
Section1600.Subject to the provisions of this Code, the mass of the inheritance of a deceased person includes his property of every kind, as well as all his rights, duties, and liabilities, save those which, by law or by nature, are purely personal to him.
Section1601.No heir is required to incur liabilities in excess of the inheritance property devolving upon him.
Section1602.When any person is deemed to have died according to the provisions of section 65 of this Code, his inheritance devolves upon the heirs.
If it can be proved that he is still alive or died at a different time from that specified in the order on his disappearance, the provisions of section 66 of this Code shall apply to his heirs.
Section1603.The mass of an inheritance devolves upon the heirs by virtue of legal rights or by virtue of a will.
The heirs having legal rights are called “statutory heirs”.
The heirs having rights under a will are called “legatees”.
Section1604.A natural person can be an heir only when he has personhood or is capable of having rights according to section 15 of this Code at the time of the death of the inheritance owner.
For the purpose of this section, a child born alive within three hundred and ten days from the time of the death of the inheritance owner shall be deemed to be a child in the womb of the mother at the time of the death of the inheritance owner.
Section1605.Any heir who, by fraud or with the knowledge that he impairs the benefit of another heir, removes or conceals inheritance property up to or over the portion he would receive must be excluded from the inheritance in its entirety. But if he removes or conceals inheritance property less than the portion he would receive, he must be excluded from the inheritance only to the extent removed or concealed.
This section shall not be applied to a legatee to whom the deceased has bequeathed a specific item of property, so that he shall receive such item of property.
Section1606.The following persons must be excluded from an inheritance on grounds of unworthiness, namely—
(1)a person who has been declared by a final judgment to have intentionally caused or attempted to cause unlawful death to the inheritance owner or person having the right to receive the inheritance prior to him;
(2)a person who charged the inheritance owner with the commission of an offence carrying death penalty and was then declared by a final judgment to be guilty of an offence of filing a false charge or fabricating false evidence;
(3)a person who, knowing that the inheritance owner has been killed intentionally, fails to report the matter in order to have the offender punished; but this shall not apply if the person has not yet attained full sixteen years of age or is an insane person incapable of discerning right from wrong, or if the killer is his or her husband, wife, or direct ascendant or descendant;
(4)a person who, by fraud or duress, causes the inheritance owner to make, or revoke, or modify a will relating to inheritance property, either in part or in whole, or prevents him from doing so;
(5)a person who forges, destroys, or conceals a will, either in part or in whole.
The inheritance owner may revoke the exclusion on grounds of unworthiness by granting forgiveness in writing.
Section1607.Being excluded from an inheritance is personal. Descendants of the excluded heir further succeed to the inheritance as if the heir were dead. But, in regard to the property received by the descendants through such succession, the mentioned heir has no right of management and enjoyment as mentioned in Chapter 3 of Title 2 of Book 5 of this Code at all. In such case, section 1548 shall apply mutatis mutandis.
Section1608.The inheritance owner may disinherit any of his statutory heirs by an explicit expression of intention made—
(1)through a will;
(2)in writing deposited with a competent authority.
The identity of the disinherited heir must be clearly specified.
But when any person has disposed of all his inheritance property through a will, all the statutory heirs not benefited by the will shall be deemed disinherited.
Section1609.An expression of intention to disinherit an heir is revocable.
If the disinheritance is made through a will, its revocation may only be made through a will. But if the disinheritance is made in writing deposited with a competent authority, its revocation may be made in either of the forms provided in section 1608(1) or (2).
Section1610.If an inheritance devolves upon a minor, or insane person, or person incapable of managing his own affairs as per the meaning of section 34 of this Code, and such person has no legal representative, or custodian, or curator, a court shall appoint a guardian, custodian, or curator, as the case may be, when requested by an interested person or public prosecutor.
Section1611.An heir who is a minor, insane person, or person incapable of managing his own affairs as per the meaning of section 34 of this Code cannot do the following acts, save where he has obtained the consent of the father, mother, guardian, custodian, or curator, as the case may be, and the approval of the court:
(1)refusal of an inheritance;
(2)acceptance of an inheritance encumbered with charges or conditions.
Section1612.Refusal of an inheritance must be made through an explicit expression of intention in writing deposited with a competent authority or through a contract of compromise.
Section1613.Refusal of an inheritance cannot be made in part or subject to a condition or time clause.
Refusal of an inheritance is irrevocable.
Section1614.If a heir refuses an inheritance by any means which he knows would disadvantage his own creditor, the creditor has the right to request revocation of such refusal. But this shall not apply if it appears that, at the time of the refusal, the person enriched thereby did not know the fact which contributed to such disadvantage of the creditor. Nevertheless, in the event of gratuitous refusal, the knowledge on the part of the refusing heir alone suffices to request the revocation.
When the refusal has been revoked, the creditor may request the court to order him to receive the inheritance instead of the heir and by the right of such heir.
In this event, once the debts of the heir have been paid to the creditor, if there remains any portion which belongs to that heir, it shall pass to the descendants of the heir or to the other heirs of the inheritance owner, as the case may be.
Section1615.Refusal of an inheritance by an heir takes retroactive effect from the time of the death of the inheritance owner.
When any statutory heir refuses an inheritance, his descendants can succeed to the inheritance by virtue of their own rights and are entitled to the share equal to that which the refuser would receive, but those descendants must not be ones in whose names the fathers, mothers, guardians, or custodians, as the case may be, have validly refused the inheritance.
Section1616.If the descendants of the refuser have received the inheritance as stated in section 1615, the refuser has no right of management and enjoyment as mentioned in Chapter 3 of Title 2 of Book 5 of this Code in regard to the property received by his descendants, and section 1548 shall apply mutatis mutandis.
Section1617.Any legatee who refuses the inheritance, as well as his descendants, loses the right to receive the inheritance refused.
Section1618.If an inheritance has been refused by a statutory heir who has no descendant eligible to receive it, or by a legatee, the share which belongs to the refuser shall be distributed to the other heirs of the inheritance owner.
Section1619.No person shall, by any means, waive or alienate a contingent right to succeed to the inheritance of a living person.
Section1620.If any person dies without having made a will or he has made a will but it is ineffective, all his inheritance property shall be distributed to his statutory heirs according to the law.
If any person dies having made a will but the will only disposes of or takes effect as to certain parts of the inheritance property, the parts not disposed of or governed by the will shall be distributed to the statutory heirs according to the law.
Section1621.Save where the testator has expressed a different intention in his will, any statutory heir, although having already received any property by virtue of the will, shall still have the right to claim in full his statutory share in the parts of the inheritance property not disposed of by the will.
Section1622.No bhikshu shall claim an inheritance as a statutory heir, save where he leaves the priesthood to enforce his claim within the limitation period under section 1754.
But a bhikshu can be a legatee.
Section1623.The property obtained by a bhikshu whilst in the priesthood shall, upon his death, be devolve upon the temple where he was domiciled, save where he has disposed of it during his life or by a will.
Section1624.Any property owned by a person prior to being ordained as a bhikshu shall not devolve upon any temple and shall become part of the inheritance which devolves upon his statutory heirs or may be disposed of by him in any manner according to the law.
Section1625.If the deceased is a married person, the determination of shares and the distribution of property between him and his surviving spouse shall be as follows:
(1)the shares in the property of the husband and wife shall be governed by the provisions of this Code on divorce by mutual consent, which are supplemented by the provisions of sections 1637 and 1638, and must particularly be governed by sections 1513 through 1517 of this Code, but the shares so determined shall take effect from the day the marriage ends by cause of such death;
(2)the shares in the inheritance property of the deceased shall be governed by the provisions of this Book, save sections 1637 and 1638.
Section1626.Once section 1625(1) has been complied with, the shares of the statutory heirs in the inheritance property shall be determined as follows:
(1)the inheritance property shall be divided to the heirs by the order of their classes and degrees as provided in Chapter 2 of this Title;
(2)the shares to be given to the heirs in each class and degree shall be divided amongst all the heirs in such class and degree according to the provisions of Chapter 3 of this Title.
Section1627.An illegitimate child who has already been legitimated by the father and an adopted child shall be deemed to be descendants in the same way as legitimate children as per the meaning of this Code.
Section1628.A husband and wife who desert each other or live apart without lawful divorce do not lose the statutory right to succeed to each other’s inheritance.
Section1629.There are only six classes of statutory heirs and, subject to section 1630, paragraph 2, one class has the right to receive the inheritance before or after another in the following order, namely—
(1)descendants;
(2)father, mother;
(3)siblings of whole blood;
(4)siblings of half blood;
(5)pu,[1] ya,[2] ta,[3] yai;[4]
(6)lung,[5] pa,[6] na,[7] a.[8]
The surviving spouse is also a statutory heir, subject to the special provisions of section 1635.
Section1630.As long as an heir in one of the classes specified in section 1629 is still alive or uninterruptedly represented, the heirs in the lower classes have no right in the inheritance property of the deceased at all.
However, the provision of the previous paragraph shall become inapplicable in the specific event where any descendant is still alive or represented, as the case may be, and the father or mother is still alive, in which event the father or mother shall be entitled to a share as if being an heir in the children’s degree.
Section1631.Amongst the descendants in different degrees, only the children of the inheritance owner, who are closest in degree, have the right to receive the inheritance. The descendants in the lower degrees may receive the inheritance only by virtue of the right of representation.
Section1632.Subject to the last paragraph of section 1629, the division of shares in the inheritance for the statutory heirs in the relatives’ classes shall follow the provisions of Part 1 of this Chapter.
Section1633.The statutory heirs in the same class as specified in section 1629 are entitled to receive equal shares. If the class has only one statutory heir, that statutory heir has the right to receive the whole portion.
Section1634.Amongst the descendants in each line who receive the shares in the inheritance by representation according to the provisions of Chapter 4 of Title 2, the shares in the inheritance shall be given in the following manners:
(1)if there are descendants in different degrees, only the children of the deceased, who are closest in degree, have the right to receive the inheritance, whilst the descendants in the lower degrees may receive the inheritance only by virtue of the right of representation;
(2)the descendants in the same degree receive equal shares;
(3)if a degree has only one descendant, that descendant has the right to receive the whole portion.
Section1635.Classes and shares of the surviving spouse in receiving the inheritance of the deceased shall be as follows:
(1)if any heir under section 1629(1) is still alive or represented, as the case may be, the surviving spouse has the right to receive a share as if being an heir in the children’s degree;
(2)if any heir under section 1629(3) exists and that heir is still alive or represented, or if no heir under section 1629(1) exists but any heir under section 1629(2) exists, as the case may be, the surviving spouse has the right to receive half of the inheritance;
(3)if any heir under section 1629(4) or (6) exists and that heir is still alive or represented, or if any heir under section 1629(5) exists, as the case may be, the surviving spouse has the right to receive two thirds of the inheritance;
(4)if none of the heirs specified in section 1629 exists, the surviving spouse has the right to receive the whole inheritance.
Section1636.If the inheritance owner has several surviving legitimate wives under the law prior to the coming into force of Book 5 of the Civil and Commercial Code, all those wives collectively have the right to receive the inheritance as per the classes and shares specified in section 1635, but, as between themselves, each inferior wife shall have the right to receive half of the portion the principal wife would receive.
Section1637.If either spouse who is still alive is a beneficiary under a contract of life insurance, that spouse has the right to receive the whole sum agreed with the insurer, but the spouse is required to compensate the original property of the other spouse or the marital property, as the case may be, with the premium from the insurance only up to the amount which can be proved to be higher than the amount the deceased would be able to pay as premium, taking into account the latter’s usual income or standing.
However, the total amount of the premium to be sent back in accordance with the previous provisions must not exceed the amount paid by the insurer.
Section1638.When both spouses have invested money in a contract under which an annuity shall be given to both of them whilst they are living together and to the surviving one for life upon the death of the other, the surviving spouse is required to compensate the original property of the other spouse or the marital property, as the case may be, depending on whether the original property or the marital property was used in such investment. The money to compensate the original property or marital property as said shall be equal in amount to the special money additionally demanded by the annuity giver, in order that the annuity giver would be able to further provide the annuity to the surviving spouse.
Section1639.If any person who should become an heir under section 1629(1), (3), (4), or (6) has died or been excluded from the inheritance since before the death of the inheritance owner and he has descendants, his descendants shall represent him in receiving the inheritance. If any of the descendants has also died or been been excluded from the inheritance, the descendants of such descendant shall represent him in receiving the inheritance, and representation shall take place for the share of each person in this manner continuously until the end of the line.
Section1640.When any person is deemed to have died in accordance with the provisions of section 65 of this Code, representation may take place.
Section1641.If any person who should become an heir under section 1629(2) or (4) has died or been excluded from the inheritance since before the death of the inheritance owner and there are heirs of the same class living still, his entire share shall devolve upon them and no representation shall further take place.
Section1642.Representation shall only be applied amongst statutory heirs.
Section1643.The right of representation shall only belong to direct descendants. Never shall it belong to ascendants.
Section1644.A descendant may be a representative only when he has a full right to receive the inheritance.
Section1645.The fact that a person has refused the inheritance of any person does not debar him from representing such person in succeeding to the inheritance of another person.
Section1646.Any person may express an intention through a will to determine matters regarding his own property in contemplation of his death or other matters which shall take effect according to the law upon his death.
Section1647.An intention to determine matters in contemplation of one’s death is expressed through the last order determined in his will.
Section1648.A will must be made in a form specified in Chapter 2 of this Title.
Section1649.The inheritance administrator appointed by the deceased has the powers and duties to arrange for the funeral of the deceased, save where the deceased has specifically appointed a different person to arrange therefor.
If the deceased has not appointed the inheritance administrator or any person to arrange for his funeral or the heirs have not authorised any person to arrange therefor, the person receiving the largest portion of the inheritance property by virtue of a will or statutory right shall have the powers and bear the duties to arrange therefor, save where the court finds it appropriate to appoint a different person to arrange therefor at the request of any interested person.
Section1650.The funeral expenses which create an obligation in favour of any person may be claimed by virtue of the preferential right specified in section 253(2) of this Code.
If the arrangement of the funeral has to be delayed for any reason, the person having the power under the provisions of the previous section shall set aside an appropriate amount of money from the assets in the mass of the inheritance for use in this matter. In the event of disagreement or objection as to the amount thus set aside, any interested person may file a petition with a court.
In any event, the money to be expensed or set aside for the arrangement of the funeral shall only be in the amount appropriate for the social status of the deceased, provided that the rights of the creditors of the deceased must not be impaired thereby.
Section1651.Subject to the provisions of Title 4―
(1)when a provision of a will entitles any person to all the inheritance property of the inheritance owner, or to a fraction or residue thereof which is not specifically set apart from the mass of the inheritance, such person is called a legatee with general title and has the same rights and liabilities as a statutory heir;
(2)when a provision of a will entitles any person to a specific item of property particularly identified or specifically set apart from the mass of the inheritance, such person is called a legatee with specific title and has the rights and liabilities relating to the item of property only.
In the event of doubt, it shall be presumed that the legatee is a legatee with specific title.
Section1652.A person under guardianship cannot make a will to grant his own inheritance property to the guardian or the spouse, ascendants, descendants, or siblings of the guardian until the guardian has finished making the account of the guardianship as provided in section 1577 of this Code and its following sections.
Section1653.The writer of a will or a witness thereof cannot be a legatee under such will.
The provision of the previous paragraph shall apply to the spouse of the writer or witness also.
The competent authority who notes down the contents of a will notified by a witness in accordance with section 1663 shall be deemed to be the writer of the will as per the meaning of this section.
Section1654.The competency of a testator shall only be considered at the time of making the will.
The competency of a legatee shall only be considered at the time of the death of the testator.
Section1655.A will can only be made in any of the forms provided in this Chapter.
Section1656.A will may made in the following form, that is to say, it must be made in writing, dated with the day, month, and year at the time of its making, and signed by the testator in the simultaneous presence of at least two witnesses who must countersign the signature of the testator at that instant.
Erasure, addition, or other alteration made to the will is invalid, save where it is made in the same form as that provided by this section for the making of the will.
Section1657.A will may be made as a holographic document, that is to say, all the contents of the will, the day, month, and year, and the signature must be handwritten by the testator himself.
Erasure, addition, or other alteration made to the will is invalid, save where it is made by the testator with his own hand and is accompanied by his signature.
The provisions of section 9 of this Code shall not apply to a will made in accordance with this section.
Section1658.A will may be made as a public document, that is to say—
(1)the testator must go to notify a district commissioner of the contents he wishes to include in his will in the simultaneous presence of at least two witnesses;
(2)the district commissioner must note down the contents notified by the testator and read them out for the testator and witnesses to hear;
(3)when the testator and witnesses are certain that the contents noted down by the district commissioner are correctly in agreement with what notified by the testator, the testator and witnesses shall give their signatures thereto as confirmation;
(4)the district commissioner shall affix his signature and the day, month, and year to the contents noted down by him, and shall also note down by himself as confirmation that the will has been made correctly in accordance with the provisions of subsections 1 through 3 above and shall then affix the seal of his office thereto as confirmation.
Erasure, addition, or other alteration made to the will is invalid, save where it is accompanied by the signatures of the testator, witnesses, and a district commissioner.
Section1659.A will in the form of a public document may be made outside the district office when it is thus requested.
Section1660.A will may be made as a secret document, that is to say—
(1)the testator must sign the will;
(2)the testator must seal the will up and sign across the sealing edge;
(3)the testator must present the sealed will before a district commissioner and at least two other witnesses and state to all of them that this is his own will; if the testator did not write the whole will himself, he must also notify them of the name and domicile of the writer;
(4)when the district commissioner has noted the statement of the testator and the day, month, and year of the presentation of the will down on the envelope and affixed the seal of his office thereto, the district commissioner, the testator, and the witnesses shall sign on the envelope.
Erasure, addition, or other alteration made to the will is invalid, save where it is accompanied by the signature of the testator.
Section1661.If a person who is both mute and deaf or a person who cannot speak wishes to make a will in the form of a secret document, such person shall write by himself on the envelope of the will in the presence of a district commissioner and witnesses a statement that the sealed will belongs to him, instead of giving a statement in accordance with section 1660(3), and the name and domicile of the writer of the will, if any, shall also be written.
The district commissioner shall note down on the envelop as confirmation that the testator has followed the provisions of the previous paragraph, instead of noting down his statement.
Section1662.A will made in the form of a public document or secret document shall not be disclosed by the district commissioner to any person whilst the testator is still alive, and whenever the testator demands the district commissioner to send the will to him, the district commissioner must send it to him.
If the will is made in the form of a public document, the district commissioner shall, before sending it, make a copy of it and affix his signature and the seal of his office to it as confirmation. Such copied will shall not be disclosed to any person whilst the testator is still alive.
Section1663.When there is a special circumstance under which any person is prevented from making a will in any other form as designated, such as because he is being in an imminent danger of death or it is a time of an epidemic or war, he may make a will orally.
For this purpose, the testator must express his intention to determine the terms of the will in the presence of at least two witnesses who are simultaneously present at that place.
The two witnesses must present themselves to a district commissioner without delay and notify him of the terms orally told by the testator, together with the day, month, year, and place the will was made and the special circumstance.
The district commissioner shall note down the terms notified by the witnesses and require the two witnesses to affix their signatures thereto, failing which only the affixation of a fingerprint countersigned by two witnesses shall be equivalent to the affixation of a signature.
Section1664.The validity of the will made in accordance with the previous section shall end upon the passage of one month from the time the testator returns to the position of being able to make a will in a different form as designated.
Section1665.When the testator is required to give his signature according to section 1656, 1658, or 1660, only the affixation of a fingerprint instantly countersigned by two witnesses shall be equivalent to the affixation of a signature.
Section1666.The provisions of paragraphs 2 and 3 of section 9 of this Code shall not apply to the witnesses who are required to give signatures according to section 1656, 1658, or 1660.
Section1667.When a Siamese subject is to make a will in a foreign country, his will may be in a form provided by the law of the country where it is to be made or in a form provided by the law of Siam.
When the will is to be made in a form provided by the law of Siam, the powers and duties of a district commissioner under sections 1658, 1660, 1661, 1662, and 1663 shall devolve upon the following person, namely—
(1)a Siamese diplomatic or consular official acting within the scope of his powers; or
(2)any official empowered by the law of such foreign country to make an evidential record of any information notified.
Section1668.No testator is required to disclose the contents of his will to the witnesses for their knowledge, save where it is otherwise specified by the law.
Section1669.During a war, a person serving in the Army or Navy or acting in connection with a department or division thereof may make a will in the form provided by section 1658, 1660, or 1663. In such event, the powers and duties of a district commissioner shall devolve upon a military officer or public official holding a commissioned rank in the Army or Navy.
If the testator under the previous paragraph is sick or wounded and is in a hospital, the powers and duties of a district commissioner shall devolve upon a physician of such hospital.
Section1670.The following persons cannot serve as witnesses for the making of a will:
(1)a person who has not yet attained majority;
(2)an insane person or a person adjudged quasi-incompetent by a court;
(3)a person who is deaf or mute or whose both eyes are blind.
Section1671.When the contents of a will have been written by any other person than the testator, such person must give his own signature thereto together with specifying himself as the writer.
If such person is also a witness, he shall write a text specifying his status as a witness at the end of his signature in the same manner as the other witnesses.
Section1672.The Ministers of Interior, Defence, and Foreign Affairs shall have the powers and duties to issue ministerial regulations for the execution of this Book of Law to the extent that concerns their respective ministries.
Section1673.Any rights and duties brought to pass by a will shall become effective and claimable from the death of the testator onwards, save where a condition or time clause has been designated by the testator to make them effective and claimable later.
Section1674.When a provision of a will is subject to a condition and such condition has been fulfilled since before the time of the death of the testator, if it is a condition precedent, such provision of the will shall take effect upon the death of the testator, or if it is a condition subsequent, such provision of the will shall take no effect.
If the condition precedent is fulfilled after the death of the testator, the provision of the will shall take effect from the time of the fulfilment of the condition.
If the condition subsequent is fulfilled after the death of the testator, the provision of the will shall take effect from the time of the death of the testator but shall lose its effect upon the fulfilment of the condition.
However, if the testator has designated in the will that the fulfilment of the condition shall take retroactive effect from the time of his death in either of the events mentioned in the two previous paragraphs, then the intention of the testator shall govern.
Section1675.When a will is subject to a condition precedent, a person benefited by the contents of such will may request a court to appoint an administrator for the property bequeathed by the will until the time the condition is fulfilled or until the fulfilment of the condition becomes impossible.
If finding it appropriate, the court may appoint the requestor the administrator of the property himself and require the requestor to provide appropriate security.
Section1676.A will may be made to charge any person with the establishment of a foundation or to contain direct orders on allocation of property for any of the purposes under the provisions of section 81 of this Code.
Section1677.When there is a will for the establishment of a foundation according to the foregoing section, it shall be the duty of the heirs or inheritance administrator, as the case may be, to request authorisation from the Government to establish it as a juristic person under section 85 of this Code, save where the will otherwise provides.
If the said persons fail to request authorisation from the Government, any interested person or public prosecutor may make the request.
Section1678.When any foundation provided for by a will has been established as a juristic person, the property allocated by the testator for such purpose shall be deemed to devolve upon the juristic person from the time the will takes effect, save where the will otherwise provides.
Section1679.If the foundation cannot be established according to its purpose, the property shall devolve in accordance with the specifications in the will.
If the will contains no such specification, a court shall allocate the property in question to another juristic person the purpose of which appears to be closest to the desire of the testator when this is requested by any of the heirs, or inheritance administrators, or public prosecutors, or interested persons.
If such allocation is impossible or the foundation cannot be established because it is contrary to the law or to public order or good morals, the provisions of the will on the establishment of such foundation shall lose their effect.
Section1680.The creditors of the testator have the right to request revocation of the provisions of the will on the establishment of a foundation only to the extent of the benefits they are deprived of thereby.
Section1681.If the item of property which is the subject of a will has been lost, destroyed, or damaged, and, as a result of this circumstance, another item of property has been obtained as its replacement or a claim for its compensation has been acquired, the legatee may claim the delivery of the replacement obtained or may claim the compensation himself, as the case may be.
Section1682.When a will is made for the discharge of a debt or transfer of a claim, such will shall be effective up to the amount outstanding at the time of the death of the testator, save where the testator has otherwise designated.
If there is an evidentiary document for the discharge of the debt or transfer of the claim, it shall be delivered to the legatee, and sections 303 through 313 and 340 of this Code shall be applied mutatis mutandis. But if the testator should have carried out any act or proceeding under any such section, the person who is to execute the will or legatee may carry out the act or proceeding on his behalf.
Section1683.A will made by any person in favour of any of his creditors shall be presumed to have not been made for the payment of a debt due to such creditor.
Section1684.When any provision of a will may be interpreted in several senses, the sense which would best accomplish the desire of the testator shall be adhered to.
Section1685.In the event that a testator has designated a legatee by describing qualifications for identifying him, if several persons have the qualifications of the legatee thus described by the testator and doubt arises, it shall be deemed that all of them have the right to receive equal shares.
Section1686.Direct or indirect establishment of a trust by a will or by any juristic act inter vivos or mortis causa shall take no effect.
Section1687.If a testator desires to bequeath his property to a minor, or to a person adjudged incompetent or quasi-incompetent by a court, or to a person hospitalised by cause of insanity, but wants to entrust the safekeeping and administration of such property to another person than the father, mother, guardian, custodian, or curator of the said person, the testator must appoint a controller for the property.
The property controller thus appointed shall not exist in excess of the duration of the minority, or the duration of the incompetency or quasi-incompetency adjudged by the court, or the duration of the hospitalisation, as the case may be.
Section1688.As regards immovable property or any real right relating to immovable property, no appointment of a property controller shall be valid, save where it has been registered with a competent authority.
The provision mentioned in the previous paragraph shall also apply to seagoing vessels or vessels with capacity of six tons or more, steam-powered vessels or motor vessels with capacity of six tons or more, floating houses, and beasts of burden.
Section1689.Apart from the person specified in section 1557 of this Code, a juristic person or natural person with perfect competency may accept to be appointed as a property controller.
Section1690.A property controller can be appointed by—
(1)the testator;
(2)the person named in the will as the appointer.
Section1691.Save where the testator has otherwise designated in his will, the property controller may make a will appointing another person to further act in his place.
Section1692.Save where the testator has otherwise designated in his will, the property controller has the same rights and duties as a guardian under the meaning of Book 5 of this Code with respect to the property entrusted to him.
Section1693.A testator may revoke his own will in whole or in part at any time.
Section1694.If a former will is to be revoked in whole or in part by a subsequent will, the revocation shall be valid only when the subsequent will is made in any of the forms provided by the law.
Section1695.If a will is made in a single original copy only, the testator may revoke such will in whole or in part by destroying it or crossing it out deliberately.
If a will is made in several original copies, such revocation shall not be valid, save where it is done to all of those original copies.
Section1696.If a testator has validly and deliberately transferred the property which is the subject of any provision of his will, such provision of the will shall become revoked.
The same shall apply when the testator has deliberately destroyed the property.
Section1697.If the testator has not expressed a different intention in a will and his former and subsequent wills appear to be contrary to each other, the former will shall be deemed to have been revoked by the subsequent will only in respect of the parts contrary to each other.
Section1698.A provision of a will lapses—
(1)when the legatee dies before the testator;
(2)when the provision would become effective only upon the fulfilment of any condition and the legatee dies before the condition is fulfilled or it certainly appears that the condition can never be fulfilled;
(3)when the legatee refuses the legacy;
(4)when the bequeathed property has been lost totally or has been destroyed undeliberately by the testator during his life and he has not obtained any replacement or any claim for compensation for its loss.
Section1699.If a will or provision thereof relating to any item of property has lost its effect for any reason, such item of property shall devolve upon the statutory heirs or shall pass to the State, as the case may be.
Section1700.Subject to the provisions of this Chapter, a person may dispose of any property through a juristic act inter vivos or mortis causa which contains a provision prohibiting the beneficiary from alienating the property, but any person other than the beneficiary must be designated as the person absolutely entitled to the property upon violation of the inalienability provision.
The said designee must be one who is capable of having rights at the time the disposal of the property takes effect.
If no person has been designated as the person entitled to the property upon violation of the inalienability provision, such inalienability provision shall be deemed to have never existed at all.
Section1701.The inalienability provision under the previous section may be subject to a time limit or may last for the life of the beneficiary.
In the event that no time limit has been designated for the inalienability, if the beneficiary is a natural person, the inalienability provision shall be deemed to endure for the life of the beneficiary, but if the beneficiary is a juristic person, it shall merely endure for thirty years.
If a time limit has been designated for the inalienability provision, such limit cannot exceed thirty years. If it has been designated to last longer than that, it shall be decreased to thirty years.
Section1702.An inalienability provision concerning an item of movable property the ownership over which cannot be registered shall be deemed to never exist at all.
An inalienability provision concerning an item of immovable property or real right relating thereto shall be imperfect, save where it is made in writing and registered with a competent authority.
The provisions of the previous paragraph shall also apply to seagoing vessels or vessels with capacity of six tons or more, steam-powered vessels or motor vessels with capacity of six tons or more, floating houses, and beasts of burden.
Section1703.A will made by a person who has not yet attained full fifteen years of age is void.
Section1704.A will made by a person adjudged incompetent by a court is void.
A will made by a person allegedly insane but not yet adjudged incompetent by a court shall be null only when it can be proved that he was insane at the time of making the will.
Section1705.A will or provision thereof is void if it has been made in a manner contrary to the provisions of section 1652, 1653, 1656, 1657, 1658, 1660, 1661, or 1663.
Section1706.A provision of a will is void—
(1)if it appoints a legatee with a condition that he shall dispose of his own property through a will in favour of the testator or a third person;
(2)if it designates a person whose identity cannot be ascertained as a legatee; but any person may be permitted to designate a legatee with specific title by means of selection from amongst other persons or a group of other persons specified by the testator;
(3)if the property bequeathed by the will is inexplicitly specified to the extent it cannot be ascertained, or if a person is permitted to designate its amount at his will.
Section1707.If a provision of a will appoints a legatee with a condition that the property bequeathed by the will shall be disposed of by the legatee in favour of another person, such condition shall be deemed to never exist at all.
Section1708.Upon the death of the testator, any interested person may request a court to revoke the will on the ground that it was made under duress. But if the testator continued to live for more than one year from the time he was freed from the duress, no such request shall be permitted.
Section1709.Upon the death of the testator, any interested person may request a court to revoke the will on the ground that it was made under mistake or fraud only when the mistake or fraud is considerable to the extent that, without it, the will would not have been made.
The provisions of the previous paragraph shall remain applicable, even though the fraud was committed by a person who is not the beneficiary under the will.
However, a will made under mistake or fraud shall remain effective if the testator failed to revoke it within one year from the time he became aware of the mistake or fraud.
Section1710.No action for revocation of a provision of a will shall be instituted upon the passage of the following limit:
(1)three months after the death of the testator, in the event that the instituting party learnt of the ground for the revocation whilst the testator was still alive; or
(2)three months after the instituting party learnt of such ground in any other event.
However, if the instituting party is not aware of the existence of the provision of the will which affects his own interest, even though he has learnt of the ground for revocation, the three-month limitation shall start to be counted from the moment he becomes or should become aware of the existence of such provision.
Nevertheless, this action shall not be instituted upon the passage of ten years from the death of the testator.
Section1711.Inheritance administrators include those appointed by wills and[9] those appointed by court orders.
Section1712.The administrator of an inheritance under a will may be appointed—
(1)by the testator himself;
(2)by the person specified in the will as the appointer.
Section1713.An heir, or interested person, or public prosecutor may request a court to appoint an inheritance administrator in the following events:
(1)when the inheritance owner dies and the statutory heirs or legatees disappear, or are outside the Kingdom, or are minors;
(2)when the inheritance administrator or heirs are unable or unwilling to carry out or encounter obstruction in carrying out the administration or distribution of the inheritance;
(3)when the provisions of the will by which the inheritance administrator has been appointed have no effect for any reason.
In appointing an inheritance administrator, the court shall observe the provisions of the will, if any, and if no such provision exists, the court shall support the interest of the mass of the inheritance as per the circumstances and shall have regard to the intention of the inheritance owner as the court may find appropriate.
Section1714.Once anyone has been appointed by a court as an inheritance administrator for any specific purpose, that one needs not to produce an inventory for the inheritance, save where it is required by such purpose or by an order of the court.
Section1715.A testator may appoint a single person or several persons as administrators of his inheritance.
Save where the will otherwise provides, if several persons are to administer the inheritance but some of them are unable or unwilling to carry out the administration and one of them is still available, that one has the right to carry out the administration alone. But if several inheritance administrators are available, it shall be presumed that none of them is entitled to carry out the administration alone.
Section1716.The duties of an inheritance administrator appointed by a court shall begin from the day the order of the court is heard or deemed to have been heard.
Section1717.At any time during one year from the day of the death of the inheritance owner, but no sooner than fifteen days after the death of the inheritance owner, any heir or interested person may give notice to the person appointed by the will as the inheritance administrator, asking him whether or not he would accept to serve as such.
If the recipient of the notice fails to accept the post of inheritance administrator within one month from the day of his receipt of such notice, it shall be deemed that he has refused it. But the acceptance of the post of inheritance administrator shall not be made after one year from the day of the death of the inheritance owner, save where it is permitted by a court.
Section1718.The following persons cannot be inheritance administrators:
(1)those who have not yet attained majority;
(2)those who are insane or have been adjudged quasi-incompetent by a court;
(3)those who have been adjudged bankrupt by a court.
Section1719.The inheritance administrator has the right and duty to perform necessary acts for the implementation of the express or implied orders in the will and for the general administration or distribution of the inheritance property.
Section1720.The inheritance administrator must be liable to the heirs as provided in sections 809 through 812, 819, and 823 of this Code mutatis mutandis, and when third persons are concerned, section 831 shall be applied mutatis mutandis.
Section1721.No inheritance administrator has the right to receive commission from the mass of the inheritance, save where this is granted by the will or by the majority of the heirs.
Section1722.No inheritance administrator shall perform a juristic act in which his interest is adverse to the mass of the inheritance, save where this is permitted by the will or by a court.
Section1723.The inheritance administrator must carry out the administration himself, save where he is enabled to act through an agent by the express or implied power granted in the will or in a court order or where it is required by the circumstances for the benefit of the mass of the inheritance.
Section1724.The heirs are bound to third persons in all affairs carried out by the inheritance administrator within the scope of his powers as inheritance administrator.
If the inheritance administrator has entered into a juristic act with a third person in consideration of an item of property or any other benefit offered or promised to be offered as his personal enrichment by the third person, then the heirs are not bound thereby, save where they have consented thereto.
Section1725.The inheritance administrator must make appropriate efforts to find the interested persons and notify them within an appropriate time of the provisions of the will which relate to them.
Section1726.If several persons administer an inheritance, the exercise of their duties as inheritance administrators must adhere to a majority of votes, save where the will otherwise provides. If there is a parity of votes, a court shall give a ruling upon the request of an interested person.
Section1727.Any interested person may request a court to remove the inheritance administrator for the reason that he fails to perform a duty or for any other appropriate reason, but the request must be made before the distribution of the inheritance is finished.
Section1728.The inheritance administrator must commence producing an inventory of the inheritance property within fifteen days—
(1)from the death of the inheritance owner, if, at that time, he has already learnt of his appointment under the will entrusted to him; or
(2)from the day that his duties as inheritance administrator begin in accordance with section 1716, in the event that he is appointed as inheritance administrator by a court;
(3)from the day he accepts the post of inheritance administrator, in any other event.
Section1729.The inheritance administrator must finish producing the inventory of the inheritance property within one month from the time specified in section 1728. But a court may grant extension of this time limit when the inheritance administrator makes a request before the end of the one-month limit.
Such inventory must be produced in the presence of at least two witnesses, who must also have interest in the mass of the inheritance.
A person prohibited by section 1670 from being a witness in the making of a will shall be prohibited from being a witness in the production of any inventory required by a provision of this Code.
Section1730.Sections 1563, 1564, paragraphs 1 and 2, and 1565 of this Code shall apply mutatis mutandis between the heirs and the inheritance administrator under a will and between a court and an inheritance administrator appointed by it.
Section1731.If the inheritance administrator fails to produce an inventory within the time and according to the form designated, or if the court is not satisfied with such inventory because of serious negligence, or dishonesty, or obvious inability of the inheritance administrator, the court may remove the inheritance administrator.
Section1732.The inheritance administrator must, within one year from the day specified in section 1728, finish executing the duties and producing an account of the administration and distribution of the inheritance, save where a different time limit has been granted by the testator, the majority of the heirs, or a court.
Section1733.Approval, discharge from liability, or other agreement in relation to the account of the administration of the inheritance as stated in section 1732 shall be valid only when the account has been delivered to the heirs together with documents relating thereto not less than ten days in advance.
No action relating to the administration of an inheritance shall be instituted by an heir later than five years from the end of the administration.
Section1734.The creditors of the mass of an inheritance are entitled to have their debts paid out of the property in the mass of the inheritance only.
Section1735.The heirs must inform the inheritance administrator of all the inheritance property and debts of the deceased which are known to them.
Section1736.As long as all the known creditors of the mass of the inheritance or legatees have not yet received the payment of debts or shares according to the will, the inheritance property shall be deemed to be pending administration still.
During such time, the inheritance administrator shall be entitled to do anything necessary for the administration, such as to institute or respond to actions in court and so on. In addition, the inheritance administrator must do everything necessary for the collection of debts due to the mass of the inheritance as quickly as possible, and once the debts have been paid to the creditors of the mass of the inheritance, the inheritance administrator must apportion the inheritance.
Section1737.The creditors of the mass of an inheritance may enforce their claims against any of the heirs, but if the inheritance has an administrator, the creditors must summon him into the case also.
Section1738.Before the division of an inheritance, the creditors of the mass of the inheritance may enforce full payment of their debts against the mass of the inheritance. In this event, any heir may demand that the debts be paid out of the inheritance property of the inheritance owner or be secured thereby up to the time the inheritance is divided.
Once the inheritance has been divided, the creditors may demand payment of their debts from any heir only to the extent not exceeding the inheritance property received by such heir. In this event, any heir who has paid the debts of the creditors of the mass of the inheritance in excess of his share in the debts shall have the right of recourse against the other heirs.
Section1739.The debts due by the mass of an inheritance shall be paid in the following order and in line with the provisions of this Code on preferential rights, without prejudice to all the creditors who have special preferential rights under this Code or other laws as well as all the creditors who are secured by pledges or mortgages:
(1)expenses incurred for the common interest of the mass of the inheritance;
(2)expenses incurred for the funeral of the inheritance owner;
(3)taxes and duties due by the mass of the inheritance;
(4)wages due by the inheritance owner to clerks, servants, and workers;
(5)costs of necessary daily consumables sent to the inheritance owner;
(6)ordinary debts of the inheritance owner;
(7)commission for the inheritance administrator.
Section1740.Save where the inheritance owner or law has otherwise designated, the items of property of the inheritance owner shall be allocated in the following order for the payment of debts:
(1)other items of property than immovable property;
(2)items of immovable property explicitly allocated by the will for the payment of debts, if any;
(3)items of immovable property to which the statutory heirs are entitled as such;
(4)items of immovable property bequeathed by the inheritance owner to anyone with a condition that he must bear his debts;
(5)items of immovable property bequeathed with general title by the inheritance owner, as provided in section 1651;
(6)specific items of property bequeathed with specific title by the inheritance owner, as provided in section 1651.
Any item of property allocated in accordance with the aforesaid provisions shall be sold at public auction, but any heir may prevent it by paying to the extent sufficing to satisfy the creditors the whole or part of the price of such item of property as designated by a court-appointed appraiser.
Section1741.Any creditor of the mass of the inheritance may, at his own expenses, object to the selling at public auction or appraisal of any item of property specified in the previous section. If the selling or appraisal is still continued despite objection from the creditor, such selling or appraisal cannot be raised against the creditor who made the objection.
Section1742.If, whilst the deceased was still alive, any creditor was appointed a beneficiary of a life insurance as the payment of a debt due to him, such creditor shall be entitled to receive the whole sum agreed with the insurer. In addition, the said creditor is required to send the premium back to the mass of the inheritance only when the other creditors successfully prove that—
(1)the deceased paying the debt to the creditor by such means is contrary to the provisions of section 237 of this Code; and
(2)the amount of the said premium is disproportionately high when compared to the income or standing of the deceased.
Nevertheless, the premium which should be sent back to the mass of the inheritance must not exceed the sum paid by the insurer.
Section1743.No statutory heir or legatee is required to observe the provisions of the will on specific title in excess of the amount of the inheritance property he has received.
Section1744.No inheritance administrator is required to deliver the inheritance property or any part thereof to the heirs sooner than one year from the day of the death of the deceased, save where all the known creditors of the mass of the inheritance and legatees have already received the payment of debts and shares according to the will.
Section1745.If there are several heirs, those heirs have joint rights and duties in relation to the inheritance property until the inheritance is completely divided, and sections 1356 through 1366 of this Code shall apply in so far as they are not contrary to the provisions of this Book.
Section1746.Subject to a law or the contents of a will, if any, it shall be presumed that the heirs have equal shares in the mass of the inheritance not yet divided.
Section1747.The fact that any heir has acquired an item of property or any other benefit from the inheritance owner through a gift or any other gratuitous act during the life of the inheritance owner does not impair the right of such heir in the division and distribution of the inheritance property.
Section1748.Any heir who has in his possession an item of inheritance property which is not yet divided has the right to demand its division, even though the limitation period under section 1754 has already passed.
The right to demand division of an item of inheritance property according to the previous paragraph cannot be excluded by a juristic act for more than ten years at a time.
Section1749.If there is an action claiming an item of inheritance property, a person claiming to be an heir entitled thereto may intervene in the action.
However, the court shall not summon other heirs than the parties or intervening party to the action to take their shares, nor shall it reserve shares in such item of inheritance property for those other heirs.
Section1750.An item of inheritance property may be divided by the heirs taking possession thereof proportionately or by selling it and distributing the acquired money amongst the heirs.
If the division is not done by means of the previous paragraph but by a contract, no action can be instituted to enforce it, save where it is supported by any written evidence containing the signature of the liable party or his agent as its confirmation. In this event, sections 850 and 852 of this Code, which deal with compromise, shall be applied mutatis mutandis.
Section1751.After the division of an inheritance, if the property received by any heir according to his apportioned share is removed from his disposal in whole or in part as a result of eviction, the other heirs are required to compensate him.
Such an obligation shall end when a different agreement has been adopted or the eviction is resulted by the fault of the evicted heir or by a cause occurring after the apportioning.
The other heirs are required to compensate the evicted heir according to their respective shares, less the amount equivalent to the quota to be borne by the evicted heir. But if any heir has become insolvent, the other heirs are required to also be liable on his behalf according to his share, less the amount equivalent to the quota to be borne by the evicted heir on behalf of the insolvent heir.
The provisions of the previous paragraphs shall not apply to legatees with specific title.
Section1752.An action for liability on account of eviction according to section 1751 shall not be instituted upon the passage of three months from the time of the eviction.
Section1753.When any person dies without statutory heirs and legatees or without a foundation to be established under his will, his inheritance devolves upon the State, subject to the rights of the creditors of the mass of his inheritance.
Section1754.No action as to succession shall be instituted upon the passage of one year from the death of the inheritance owner or from the time the statutory heir learnt or should have learnt of his death.
No action to exercise a claim under a provision of a will shall be instituted upon the passage of one year from the time the legatee learnt or should have learnt of his rights under the will.
Subject to section 189 of this Code, if a claim which a creditor has over the inheritance owner is subject to a limitation period longer than one year, the creditor shall be prohibited from instituting an action upon the passage of one year from the time he learnt or should have learnt of the death of the inheritance owner.
Nevertheless, no action to exercise such claim as mentioned in any of the previous paragraphs shall be instituted upon the passage of ten years from the death of the inheritance owner.
Section1755.Such one-year limitation can be raised as a defence only by an heir or person entitled to exercise the rights of an heir or by an inheritance administrator.
(Royal Gazette, volume 52, dated 7 June,[10] page 529)
- ↑ Paternal grandfather. (Wikisource contributor note)
- ↑ Paternal grandmother. (Wikisource contributor note)
- ↑ Maternal grandfather. (Wikisource contributor note)
- ↑ Maternal grandmother. (Wikisource contributor note)
- ↑ Older brothers of one's father or mother, generally called uncles in English. (Wikisource contributor note)
- ↑ Older sisters of one's father or mother, generally called aunts in English. (Wikisource contributor note)
- ↑ Younger brothers of one's father or mother, generally called uncles in English. (Wikisource contributor note)
- ↑ Younger sisters of one's father or mother, generally called aunts in English. (Wikisource contributor note)
- ↑ Originally, “or”. (Wikisource contributor note)
- ↑ 7 June 2478 Buddhist Era (1935 Common Era). (Wikisource contributor note)