ทนายความ กฎหมายมรดก ที่ดีที่สุดใน ประเทศไทย

About กฎหมายมรดก Law in Thailand

In Thailand, inheritance law is primarily governed by the Civil and Commercial Code. It sets out how a deceased person’s assets pass to heirs and how wills can be used to shape that transfer. The law also protects compulsory heirs, requiring a reserved portion be set aside for certain relatives even if a will says otherwise. The probate process is court-based, and notarial or private wills must meet formal requirements to be respected by courts.

The Thai system recognizes different forms of testamentary disposition and provides for estate administration, debt settlement, and distribution among heirs. When assets include land, foreign ownership rules may affect how those assets are inherited. For many people, engaging a lawyer who specializes in กฎหมายมรดก helps ensure the estate is settled efficiently and in compliance with Thai procedure.

Key terms you may encounter: มรดก (inheritance), ทายาท (heir), ผู้สืบมรดก (successor), ส่วนสงวน (reserved portion), พินัยกรรม (will). Understanding these terms helps you navigate wills, intestacy, and probate with confidence.

“Thai inheritance law recognizes compulsory heirs and reserved portions to protect family members, while allowing testamentary disposition under the Civil and Commercial Code.”

Why You May Need a Lawyer

• Contested will or disputed shares. A family dispute after death may involve challenges to the validity of a will or how intestate shares are allocated. A lawyer helps gather evidence, interpret the will, and represent you in court or negotiations.
• Foreign ownership and cross-border assets. If the decedent owned land in Thailand and assets abroad, a lawyer can coordinate local probate with foreign estate processes and address ownership restrictions for non-residents.
• Asset protection for minors or disabled heirs. You may need guardianship provisions, trusts, or special mechanisms to protect heirs who require ongoing care or who are minors.
• Real estate transfers at death. Real property transfers require careful title work, potential succession certificates, and compliance with the Land Code when foreigners are involved.
• Tax and debt clearance considerations. A lawyer helps identify any transfer taxes, gift implications for lifetime arrangements, and ensures debts are settled before distribution.
• Probate efficiency and administrative burden. Without proper documentation, probate can be lengthy. A lawyer can prepare documents to streamline court proceedings and asset discharge.

Local Laws Overview

Civil and Commercial Code (พระราชบัญญัติลักษณะแพ่งและพาณิชย์) พ.ศ. 2467

The Civil and Commercial Code forms the foundation for มรดก in Thailand. It regulates both intestate succession and testamentary dispositions, and it defines what constitutes a valid will in Thai law. The code also sets out the rules for the distribution of assets among heirs and the protection of compulsory heirs.

Amendments to the Civil and Commercial Code often occur through official gazette updates. For precise text and latest changes, consult the National Legislation Database. A lawyer can translate how amendments affect your specific inheritance matter and explain reform implications.

Land Code and Real Property Considerations

Assets that include land are subject to the Land Code, which governs land ownership and transfer mechanics in Thailand. Foreign nationals face restrictions on land ownership, which can influence how real property passes at death. Planning around these restrictions is a key reason to consult a กฎหมายมรดก attorney when real estate is involved.

Because real property transfers require clear title and compliance with multiple rules, a lawyer can prepare or review succession plans, ensure proper title certificates, and coordinate with any applicable land transfer procedures.

Court Procedure and Probate Framework

Thailand’s probate and succession matters are often resolved in courts under the general civil procedure framework. A lawyer can guide you through filing petitions, submitting required documents, and addressing any disputes among heirs. They can also assist with notarial wills, which may simplify probate and record-keeping.

Notarial wills, private wills and related probate documents must meet formal requirements to be enforceable. Legal counsel helps ensure these documents are properly executed and authenticated. For official references, you can consult the judiciary and legislation databases listed in the resources section.

Recent trends and practical notes: In recent years, Thai authorities have focused on improving probate efficiency and supporting heirs in cross-border situations. There is a growing emphasis on notarial wills to reduce dispute risk and simplify probate. If you anticipate complex asset structures, foreign elements, or land ownership issues, engaging a กฎหมายมรดก attorney early is highly recommended.

“Notarial wills and properly executed private wills can significantly affect the speed and certainty of probate in Thailand.”

Frequently Asked Questions

What is the main law governing inheritance in Thailand?

The Civil and Commercial Code governs inheritance, including wills and intestate succession, in Thai law.

How do I start probate after someone dies in Thailand?

Collect the death certificate and asset list, prepare a petition, and file with the appropriate provincial or district court for probate proceedings.

When should I hire a lawyer for inheritance matters?

Hire a lawyer if there is a will contest, foreign assets, land in Thailand, or a potential dispute among heirs to avoid delays.

Where do I file for probate in Thailand?

Probate petitions are filed at the local court with jurisdiction over the decedent’s estate and assets located in Thailand.

Why are there compulsory heirs and reserved portions?

Thai law protects close family members by ensuring they receive a minimum share of the estate, regardless of the will.

Can foreigners inherit Thai property and assets?

Foreigners may face restrictions on owning land, which affects how real property is inherited and transferred on death.

Should I make a will if I own assets in Thailand?

Yes. A notarial or private will can help reduce disputes and clarify how assets are distributed after death.

Do I need a Thai will even if I have a will in another country?

Yes, if you own Thai assets, a Thai will or a properly prepared cross-border estate plan helps align Thai probate with other jurisdictions.

Is a notarial will better for probate than a private will?

Notarial wills are typically easier to probate because they are executed before a licensed notary and recorded formally.

How long does probate typically take in Thailand?

Probate durations vary, but straightforward cases may take several months; complex matters with disputes can take years.

How much does a กฎหมายมรดก lawyer usually charge?

Fees depend on case complexity, asset value, and location; initial consultations may be free or low-cost, with hourly or fixed-fee arrangements common.

What documents should I gather for inheritance cases?

Death certificate, will (if any), title deeds, asset list, liabilities, identification documents, and family relationships certificates are typical requirements.

Additional Resources

• Krisdika - National Legislation Database: Official repository of Thai laws, including the Civil and Commercial Code. Useful for verifying the exact text and amendments. https://www.krisdika.go.th
• Ministry of Justice (Thailand): Provides guidance and official information on probate processes, notarial services, and civil law procedures. https://moj.go.th
• Government Gazette (Ratchakitcha): Official publication of laws and amendments, including notices related to inheritance and probate. https://www.ratchakitcha.soc.go.th

Note: For understanding how laws apply to your specific situation, consult a licensed กฎหมายมรดก attorney who can review your assets, family structure, and jurisdictional considerations. The links above point to official sources for reference and updates.

Next Steps

1. Define your objectives and asset scope. List all Thai and foreign assets, heirs, and any existing wills or trusts. This will guide the scope of legal work and required documents. (1-2 weeks)
2. Gather key documents. Collect death certificates, wills (if any), title deeds, tax receipts, marriage and birth certificates, and any prior probate records. (1-2 weeks)
3. Identify a qualified กฎหมายมรดก lawyer. Look for lawyers with Thai inheritance experience, good client reviews, and transparent fee structures. You can verify credentials through official associations and firms’ pages. (1-3 weeks)
4. Schedule a consultation and share your document list. Discuss your goals, timelines, and potential strategies for intestate succession or will validation. (1-2 weeks)
5. Assess fees and engagement terms. Obtain a written engagement letter outlining scope, hourly rates or fixed fees, and expected milestones. (2-4 days)
6. Prepare a formal plan for probate or settlement. The attorney will draft petitions, notices to heirs, and any necessary affidavits or title documents. (2-6 weeks, depending on complexity)
7. Begin the probate process or settlement steps. File with the court, respond to inquiries, and coordinate with executors or administrators as needed. (varies by court and case)