Article 1629: Six classes of statutory heirs detailed

Décisions de la Cour suprême interprétant cette section

1. Arrêt de la Cour suprême n° 6161/2548 (2005) ★ Monument

   When a class 1 statutory heir (descendant) exists, all lower classes are entirely excluded under §§1629 and 1630; a member of an excluded class is not an 'interested person' entitled to petition for an estate administrator.

   The applicant was a full-blood sibling of the deceased (class 3); the objector was the deceased's legitimate child (class 1). The court held that because a class 1 heir was present, the class 3 heir had no entitlement to any part of the estate under §§1629 and 1630 paragraph one, and therefore lacked standing as an interested person to petition for appointment of an estate administrator.

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2. Arrêt de la Cour suprême n° 3569/2548 (2005)

   Where the deceased leaves no descendant and no spouse, his property devolves on his mother as a statutory heir of class 2 under section 1629(2). An estate administrator who, instead of transferring it to the heir, registers a sale to a relative for a manifestly low price with no evidence that the price was paid transfers it without consideration and in bad faith, and the statutory heir may have that disposition set aside under section 1300.

   The disputed plot stood in the deceased name, which gave his mother the benefit of the presumption in section 1373. The defendant evidence that the land really belonged to his own mother, who had had the deceased named as donee on her behalf, contradicted the deed of gift itself and carried no weight. On the deceased death the land therefore devolved on the plaintiff, his mother, as a statutory heir of class 2 under section 1629(2), and the court-appointed administrator was bound to transfer it to her. Instead she registered a sale of it to the defendant - her son and the plaintiff half-brother - for 45,000 baht when that plot together with one other was worth 70,000, and no bank record supported the payment he claimed to have made. The Supreme Court held the transfer was without consideration and in bad faith, and that the plaintiff as statutory heir could have it set aside under section 1300.

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3. Arrêt de la Cour suprême n° 2733/2548 (2005)

   Full-blood siblings inherit as class 3 heirs when no class 1 or 2 heirs exist; if a sibling dies after the deceased without receiving a share, the sibling's descendants inherit that share by representation under §1639.

   The deceased had no children, spouse, or surviving parents. The estate passed to full-blood siblings as class 3 heirs under §1629(3). One sibling died after the deceased but before receiving a share; that sibling's share then passed to the sibling's descendants by the right of representation under §1639.

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Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.