Section 1599 — Inheritance — opening on death
Texte légal (original thaï)
เมื่อบุคคลใดตาย มรดกของบุคคลนั้นตกทอดแก่ทายาททายาทอาจเสียไปซึ่งสิทธิในมรดกได้แต่โดยบทบัญญัติแห่งประมวลกฎหมายนี้หรือกฎหมายอื่น
Texte intégral tiré de la Gazette royale / Bureau du Conseil d'État
traduction anglaise
When a person dies, his estate devolves on the heirs. An heir may lose his right to the succession only under the provisions of this Code or other laws.
Cette traduction anglaise est fournie à titre indicatif uniquement et n'a pas encore été vérifiée de manière définitive ; référez-vous toujours à l'original thaï.
Annotation de l'entreprise
Section 1599 is the conceptual starting point: at the instant of death, the estate vests in the heirs. "Vests" doesn't mean immediate access — the assets are still under administration until debts are paid and an administrator distributes. But the right to inherit attaches at death and cannot be defeated by later events (heir's renunciation operates retroactively to death). Critical for foreign clients: a Thai will (under §1646+) controls Thai-situs property; foreign wills may or may not be recognized depending on form (§1606) and home-country law.
Pourquoi cela est important en pratique
For lawyers: the vesting of the estate is automatic and instantaneous; no formal acceptance is required, though heirs may disclaim under §1612. For clients: from the moment of death, heirs own the deceased's assets in co-ownership and bear responsibility for estate debts up to the value received (§1601). Creditors may enforce against the estate through its heirs immediately.
Historique législatif
Part of the original Civil and Commercial Code codification; no major subsequent amendment. Section 1599 establishes the foundational principle of universal succession in Thai law, under which title to assets and obligations passes to the heirs at the precise moment of death.
Décisions de la Cour suprême interprétant cette section
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Arrêt de la Cour suprême n° 13689/2556 (2013)
Title to estate property vests in the heirs by operation of §1599 at the exact moment of death; a heirs' action to recover that property is not time-barred by the five-year estate-administration prescription under §1733.
The deceased's children sued to cancel a disputed land transfer. The court held that the land was the deceased's property and devolved on the plaintiffs as heirs in their respective shares immediately upon death under §1599 paragraph one. Their action was characterised as a claim by persons entitled to register their own rights under §1300, not an estate-administration claim under §1733, so the five-year prescription did not apply.
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Supreme Court Judgment No. 1950/2553 (2010)
Death of a judgment debtor during enforcement transfers liabilities to heirs under §1599; enforcement may continue without formal substitution of heirs as parties.
Where a judgment debtor died during enforcement proceedings, the court held that the debtor's duties and liabilities devolved on the heirs under §§1599 and 1600, and the execution sale could proceed without first summoning the heirs to substitute as parties; the case was not a pending trial requiring substitution under civil procedure provisions.
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Supreme Court Judgment No. 19128/2555 (2012)
Liabilities of a deceased party in enforcement pass to heirs under §1599 for the sole purpose of completing execution, not for reopening the litigation.
After a final judgment, the first defendant died during enforcement. The court held that the defendant's duties and liabilities devolved on the heirs under §§1599 and 1600 solely for the purpose of completing enforcement; the petitioner could not apply to substitute as a party or seek to set aside enforcement on this basis.
Décisions sélectionnées avec numéros de dossier vérifiés dans la base de données de la Cour suprême. Les versions anglaises sont des traductions éditoriales réalisées par le cabinet à des fins d'étude.
Foire aux questions
When exactly does a person's estate pass to the heirs?
Immediately at the moment of death, by operation of law. No court order or act of acceptance is needed. From that instant the heirs become co-owners of all estate assets and are collectively responsible for estate debts, though each heir's personal liability is capped at the value of the inheritance received (§1601).
Can a foreigner inherit property in Thailand?
Yes, a foreigner may be a statutory heir or a legatee under a Thai will and may inherit movable assets without restriction. Inheritance of land is subject to the Land Code: a foreign national generally cannot hold title to land, so inherited land must typically be disposed of within a reasonable period set by the Director-General of the Land Department. Other property such as condominiums (up to the foreign ownership quota) and personal property may be inherited freely.