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Contents
Section1599.When any person dies, his estate devolves upon the heirs.
An heir may loss the rights to the estate only by virtue of the provisions of this Code or other law.
Section1600.Subject to the provisions of this Code, the mass of the estate of a dead person is composed of 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 estate devolving upon him.
Section1602.When any person is deemed to have died according to the dispositions of section 65 of this Code, his estate devolves upon the heirs.
If it can be proved that he is still alive or he died at a different time from the time specified in the order declaring him a missing person, the provisions of section 66 of this Code shall apply to his heirs.
Section1603.The mass of the estate 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 estate 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 estate owner shall be deemed to be a child in the womb of the mother at the time of the death of the estate owner.
Section1605.Any heir who, by fraud or with the knowledge that he impairs the benefit of another heir, removes or conceals the estate up to or over the portion he would receive must be excluded from the estate in its entirety. But if he removes or conceals the estate less than the portion he would receive, he must be excluded from the estate only to the extent of that removed or concealed.
This section shall not be applied to prevent a legatee to whom the dead person grants a specific item of property through his will from receiving such item of property.
Section1606.The following persons must be excluded from an estate 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 estate owner or person having the right to receive the estate prior to him;
(2)a person who charged the estate 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 estate 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 reached full sixteen years of age yet or is an insane person incapable of discerning right from wrong, or if the killer is his husband, wife, or direct ascendant or descendant;
(4)a person who, by fraud or duress, causes the estate owner to make, or revoke, or alter a will relating to the estate, either in certain parts or in its entirety, or prevents him from doing so;
(5)a person who forges, destroys, or conceals a will, either in certain parts or in its entirety.
The estate owner may revoke the exclusion on grounds of unworthiness by granting forgiveness in writing.
Section1607.Being excluded from an estate is personal. Descendants of the excluded heir further succeed to the estate 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 estate owner may disinherit any of his statutory heirs by an explicit expression of intention made—
(1)through a will;
(2)in writing deposited with the competent authority.
The identity of the disinherited heir must be clearly specified.
But when any person has disposed of all his estate 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 the competent authority, its revocation may be made in either of the forms provided in section 1608(1) or (2).
Section1610.If an estate 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 statutory representative, or custodian, or curator, the 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 or mother, guardian, custodian, or curator, as the case may be, and the approval of the court:
(1)refusal of an estate;
(2)receipt of an estate encumbered with charges or conditions.
Section1612.Refusal of an estate must be made through an explicit expression of intention in writing deposited with the competent authority or through a contract of compromise.
Section1613.Refusal of an estate shall not be made in part or subject to a condition or time clause.
Refusal of an estate is irrevocable.
Section1614.If a heir refuses an estate 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 of the fact which contributed to such disadvantage of the creditor. Nevertheless, in case 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 give an order for him to receive the estate instead of the heir and by the rights of such heir.
In this case, when 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 estate owner, as the case may be.
Section1615.Refusal of an estate by an heir takes retroactive effect from the time of the death of the estate owner.
When any statutory heir refuses an estate, his descendants can succeed to the estate 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 name the fathers or mothers, guardians, or custodians, as the case may be, have validly refused the estate.
Section1616.If the descendants of the refuser have received the estate 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 estate, as well as his descendants, loses the right to receive the estate refused.
Section1618.If a statutory heir who has refused the estate has no descendant to receive the estate or if a legatee refuses the estate, the share belonging to the refuser shall be distributed to the other heirs of the estate owner.
Section1619.No person shall, by any means, refuse or dispose of a contingent right to succeed to the estate of a living person.
Section1620.If any person dies without having made a will or he has made a will but it is unenforceable, all his estate shall be distributed to his statutory heirs according to the law.
If any person dies having made a will but the will merely disposes of or is enforceable against certain parts of the estate, the parts not disposed of by the will or not governed by the will shall be distributed to the statutory heirs according to the law.
Section1621.Save where the legator has expressed a different intention in his will, any statutory heir shall still have the right to claim in full by virtue of his statutory rights the part of the estate not disposed of by the will, even though the heir has already received any property by virtue of the will.
Section1622.No bhikshu shall claim an estate 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 vested in 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 be vested in any temple and shall become part of the estate which devolves upon his statutory heirs or may be disposed of by him in any manner according to the law.
Section1625.If the dead person was already married, the calculation of shares and the distribution of property between him and his surviving spouse shall be as follows:
(1)the shares in the property between the husband and the 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 calculated shall take effect from the day the marriage ends by cause of such death;
(2)the shares in the estate of the dead person 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 in the estate amongst the statutory heirs shall be calculated as follows:
(1)the estate 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 of each class and degree shall be divided amongst all the heirs of such class and degree according to the provisions of Chapter 3 of this Title.
Section1627.An illegitimate child who has been legitimated by the father already and an adopted child shall be deemed to be descendants in the same manner 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 rights to succeed to each other's estate.
Section1629.There are only six classes of statutory heirs and, subject to section 1630, paragraph 2, one class has the right to receive the estate before or after another in the following order, namely—
(1)descendants;
(2)father and mother;
(3)siblings of the same father and mother;
(4)siblings of the same father or mother;
(5)paternal grandfather, paternal grandmother, maternal grandfather, and maternal grandmother;
(6)lung,[1] pa,[2] na,[3] and a.[4]
The surviving spouse is also a statutory heir, subject to the special provisions of section 1635.
Section1630.As long as an heir of one of the classes specified in section 1629 is alive or is represented uninterruptedly, the heirs of the lower classes have no right in the estate of the dead person at all.
Section1631.Amongst the descendants of different degrees, only the children of the estate owner, who are closest in degree, have the right to receive the estate. The descendants of the lower degrees may receive the estate only by virtue of the right of representation.
Section1632.Subject to the last paragraph of section 1629, the division of shares in the estate for the statutory heirs of the classes of relatives shall follow the provisions of Part 1 of this Chapter.
Section1633.The statutory heirs of 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 entire portion.
Section1634.Amongst the descendants of each line who receive the shares in the estate by representation according to the provisions of Chapter 4 of Title 2, the shares in the estate shall be given in the following manners:
(1)if there are descendants of different degrees, only the children of the dead person, who are closest in degree, have the right to receive the estate, whilst the descendants of the lower degrees may receive the estate only by virtue of the right of representation;
(2)the descendants of the same degree receive equal shares;
(3)if a degree has only one descendant, that descendant has the right to receive the entire portion.
Section1635.Classes and shares of the surviving spouse in receiving the estate of the dead person shall be as follows:
(1)if any heir under section 1629(1) is still alive or is represented, as the case may be, the surviving spouse has the right to receive the shares as if being an heir of the children's degree;
(2)if any heir under section 1629(3) exists and that heir is still alive or is 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 estate;
(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 estate;
(4)if none of the heirs specified in section 1629 exists, the surviving spouse has the right to receive the entire estate.
Section1636.If the estate 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 estate as per the classes and shares specified in section 1635, but, as between themselves, each minor wife has the right to receive half of the portion the chief 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 entire amount of money as agreed with the insurer, but the spouse is required to compensate the original assets of the other spouse or the matrimonial assets, 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 dead person would be able to pay as premium, having regard to the latter's normal income or condition.
However, the total amount of the premium to be sent back in accordance with the foregoing provisions must not exceed the amount paid by the insurer.
Section1638.When both spouses have invested money in a contract, according to 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 assets of the other spouse or the matrimonial assets, as the case may be, depending on whether the original assets of the other party or the matrimonial assets were used in such investment. The money to compensate the original assets or matrimonial assets 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 estate since before the death of the estate owner and he has descendants, his descendants shall represent him in receiving the estate. If any of the descendants has also died or been been excluded from the estate, the descendants of such descendant shall represent him in receiving the estate, 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 dispositions 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 estate since before the death of the estate owner and there are heirs of the same class living still, all his 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 estate.
Section1645.The fact that a person has refused the estate of any person does not debar him from representing such person in succeeding to the estate of another person.
Section1646.Any person may express an intention through a will to determine matters regarding his own property in advance of his death or other matters which shall take effect according to the law upon his death.
Section1647.An intention to determine matters in advance 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 administrator of the estate appointed by the dead person has the powers and duties to arrange for the funeral of the dead person, save where the dead person has specifically appointed a different person to arrange therefor.
If the dead person has not appointed the administrator of the estate 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 estate 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 bring about 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 not be delayed for any reason, the person having the powers according to the dispositions of the previous section shall set aside an appropriate amount of money from the assets in the mass of the estate for use in this matter. In case of disagreement or objection as to the amount thus set aside, any interested person may file a petition with a court.
In any case, 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 dead person, provided that the rights of the creditors of the dead person are not impaired thereby.
Section1651.Subject to the provisions of Title 4―
(1)when a provision of a will entitles any person to the entire estate of the estate owner, or to a fraction or residue thereof which is not specifically set apart from the mass of the estate, such person is called a general legatee and has the same rights and liabilities as 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 estate, such person is called a specific legatee and has the rights and liabilities which relate to the item of property only.
In case of doubt, it shall be presumed that the legatee is a specific legatee.
Section1652.A person under guardianship cannot make a will to grant his own estate 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 1633 shall be deemed to be the writer of the will as per the meaning of this section.
Section1654.The competency of a legator shall only be considered at the time the will is made.
The competency of a legatee shall only be considered at the time the legator dies.
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 of its making, and signed by the legator in the simultaneous presence of at least two witnesses who must countersign the signature of the legator 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 legator himself.
Erasure, addition, or other alteration made to the will is invalid, save where it is made by the legator 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 legator 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 legator and read them out for the legator and the witnesses to hear;
(3)when the legator and the witnesses are certain that the contents noted down by the District Commissioner are correctly in agreement with what notified by the legator, the legator and the 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 to 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 legator, 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 legator must sign the will;
(2)the legator must seal the will up and sign across the sealing edge;
(3)the legator must produce 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 legator 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 legator and the day, month, and year of the production of the will down on the envelope and affixed the seal of his office thereto, the District Commissioner, the legator, 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 legator.
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 text stating 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 legator has followed the text 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 legator is still alive, and whenever the legator demands the District Commissioner to send the will to him, the District Commissioner is required to 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 legator 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 legator 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 legator, 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 expiry of a one-month period from the time the legator returns to the position in which he can make a will in a different form as designated.
Section1665.When the legator 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 6 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 legator 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 case, 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 legator 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 text of a will has been written by any other person than the legator, 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. Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1352 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1353 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1354 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1355 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1356 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1357 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1358 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1359 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1360 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1361 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1362 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1363 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1364 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1365 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1366 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1367 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1368 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1369 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1370 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1371 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1372 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1373 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1374 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1375 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1376 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1377 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1378 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1379 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1380 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1381 Page:กม ร ๘ - ๒๔๗๘ fixed.pdf/1382 A claim according to a testamentary provision shall not be filed upon passage of the period of one year from the time the legatee knows or should have known of his rights according to the testament.
Subject to section 189 of this Code, if a claim which an obligee has over the deceased is subject to a limitation period longer than one year, the obligee shall not file the claim upon passage of the period of one year from the time he knows or should have known of the death of the deceased.
However, such claim as mentioned in the previous paragraphs shall not be filed upon passage of the period of ten years from the time of the death of the deceased.
Section1755.Such one-year limitation period can only be raised as a defence by an heir or person entitled to exercise the rights of an heir or by an estate administrator.
(Royal Gazette, volume 52, dated 7 June,[5] page 529)
- ↑ 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)
- ↑ 7 June 2478 BE (1935 CE). (Wikisource contributor note)