When Parting Happens Unexpectedly: Who Inherits the Assets? Understanding Testamentary Law You Should Know

Recently, there have been numerous reports of deaths involving public figures, business owners, and ordinary people alike. Many left behind assets such as houses, land, investments, stocks, or even intellectual property like book copyrights, music, creative works, and rights to future benefits.

A key question arises: if the owner did not make arrangements, who inherits these assets? And how can one legally designate heirs to ensure their wishes are followed?

According to data from Thammoniti Public Company Limited, a legal advisory firm, if a person dies without a will, the inheritance automatically passes to statutory heirs following the criteria in the Civil and Commercial Code.

Who has the right to inherit if there is no will?

The law specifies six levels of statutory heirs:

1. Descendants such as children, grandchildren, great-grandchildren, and so forth.
2. Parents.
3. Siblings sharing both father and mother.
4. Siblings sharing either father or mother.
5. Grandparents.
6. Uncles and aunts.

Additionally, a legally registered spouse who is still alive has the right to inherit, with the law determining their share alongside heirs at each level.

The main principle is that if multiple levels of heirs exist, the closer level has priority to inherit before the next level, except in special cases provided by law.

A common misconception is that if the deceased has children, the parents of the deceased may still inherit jointly with the children under certain legal conditions.

Another important point is substitute inheritance. If heirs at levels 1, 3, 4, or 6 die before the deceased, their descendants can inherit in their place.

However, if heirs at level 2 (parents) or level 5 (grandparents) die before the deceased, the law does not allow substitute inheritance.

If you want to determine heirs yourself, you must make a "will."

A will is a declaration of intent by the asset owner before death, specifying who will receive assets or how affairs will be handled after death. It becomes legally effective upon the testator’s death.

Importantly, the will must comply with legally recognized forms. Even if made sincerely, a will not following these forms may be invalid.

Thai law recognizes five types of wills:

1. Ordinary will.

• Can be typed or handwritten.
• Must specify assets, heirs, date, and place.
• Signed by the testator.
• At least two witnesses must sign to certify.

2. Entirely handwritten will.

• The testator must write every word by hand.
• Must include details of assets, heirs, date, and place.
• Signed personally.
• It is advisable to inform close persons where the will is kept to prevent loss.

3. Civil document will.

• Made before a district or local office official.
• The official records and reads the will to the testator.
• The testator, witnesses, and official sign to certify.

4. Secret document will.

• The testator prepares and seals the document themselves.
• It is submitted to the district or local office with at least two witnesses.
• The official records the date and time and stamps to certify.

5. Oral will.

• Allowed only in emergencies such as accidents, war, or epidemics.
• The testator must declare intent before at least two witnesses.
• Witnesses must promptly notify officials to record the will as evidence.

For the general public, ordinary and entirely handwritten wills can be made independently, while the other three types are handled at district or local offices nationwide.

Another key point is that "inheritance" covers not only houses or bank accounts but also shares, funds, claims, copyrights, trademarks, patents, and various intellectual properties. If the owner wishes to designate specific beneficiaries, a legally valid will is a tool to reduce conflicts and ensure their wishes are respected.

Source: Compiled information from Thammoniti Public Company Limited, a legal advisory firm, and the provisions of the Civil and Commercial Code, Book 6 on inheritance.