Last updated on août 3, 2026
Supreme Court Decision (Dika) No. 284/2569, published in late July 2026, answers a question our firm hears constantly from heirs: “It has been more than a year — is it too late to claim my Thai inheritance?” The Court’s answer: not when the estate administrator has been dealing with estate property for her own benefit. This article explains the decision, the one-year prescription rule in Section 1754 of the Civil and Commercial Code, and the powerful exception in Section 1748 that kept the heirs’ claim alive more than two decades after the deceased passed away.
The facts of Dika 284/2569: an estate administrator who kept the land
The deceased, Mr. Perm, died in 1993 leaving land to seven heirs. One of the heirs, Ms. Anong, was appointed estate administrator by the court. Instead of distributing the land among all heirs as the law requires, she registered the disputed land in her own name. From there, the land moved through a chain of gift transfers and ended in the hands of the defendant — himself one of the heirs — who subdivided the land and sold part of it for 3,000,000 baht.
The other heirs sued, asking the court to order the land back into the estate and to recover the sale proceeds. The defendant raised two classic defences: first, that the claim was time-barred under Section 1754 of the Civil and Commercial Code (the one-year prescription period for inheritance claims); and second, in the courts below, the heirs argued the defendant should be excluded from the inheritance altogether under Section 1605 for concealing or misappropriating estate property.
The chain of transfers
| Étape | Transfert | Legal character |
|---|---|---|
| 1 | Mr. Perm dies (1993); land devolves on 7 heirs | Succession opens — CCC Section 1599 |
| 2 | Ms. Anong, estate administrator, registers the land in her own name | Administration act — not a distribution |
| 3 | Ms. Anong transfers the land by gift to Ms. Saovalak | Gratuitous transfer of estate property |
| 4 | Ms. Saovalak transfers the land by gift to the defendant (an heir) | Gratuitous transfer — no protection as a paying buyer |
| 5 | Defendant subdivides and sells part of the land for THB 3,000,000 | Disposal of estate property |
The one-year rule: Section 1754 of the Civil and Commercial Code
Section 1754 CCC bars an action concerning inheritance brought by an heir more than one year after the death, or after the heir knew (or ought to have known) of the death, with an absolute outer limit of ten years from the death. On paper, a claim filed decades after a 1993 death looks hopeless. Estate administrators — and people who receive property from them — frequently rely on this section to shut heirs out.
The exception that saved the heirs: Section 1748
The Supreme Court held the claim was pas time-barred. Under Section 1748 CCC, an heir who is in possession of estate property that has not yet been distributed may demand partition of that property even after the one-year period in Section 1754 has expired. The key legal move in Dika 284/2569 is this: when an estate administrator registers estate land in her own name and passes it around by gift instead of distributing it to the heirs, the administration of the estate is not lawfully completed, and the property is still treated as undistributed estate property. The administrator holds it, in effect, on behalf of all the heirs — so the prescription clock in Section 1754 does not defeat the co-heirs’ right to demand their shares.
The Court also relied on Section 1719 (the administrator’s duty to perform her functions for the benefit of the estate and to distribute it to the persons entitled) and Section 1784 (any co-heir may enforce partition on behalf of the others).
No disinheritance under Section 1605 — a note of caution both ways
Interestingly, the Supreme Court reversed the lower court on one point in the defendant’s favour: he was pas excluded from the succession under Section 1605, which strips an heir who fraudulently conceals or misappropriates estate property of his status as heir (entirely, or in proportion to what was taken). Exclusion under Section 1605 is a drastic sanction and the Court applies it narrowly. The practical result: the defendant kept his own inheritance share, but had to (1) transfer the remaining land back into the estate for distribution, and (2) return 2,500,000 baht — five-sixths of the 3,000,000 baht sale proceeds, corresponding to the other heirs’ shares — to the estate.
Why this decision matters to foreigners and cross-border families
Our firm regularly acts for foreign heirs — children living abroad, foreign spouses of Thai nationals, and expats inheriting Thai assets. This decision matters to them for three reasons.
Distance invites self-dealing. When heirs live in Europe, North America or Australia, a locally appointed administrator (often a Thai relative) controls the paperwork at the Land Office. Heirs abroad frequently discover years later that estate land was quietly registered in the administrator’s name. Dika 284/2569 confirms that discovery years later is not necessarily fatal to a claim.
Gift transfers give no shelter. Each onward transfer in this case was a gift. A recipient who paid nothing is in a far weaker position than a good-faith purchaser for value. Family members who receive estate land “for free” from an administrator should expect to give it back.
The one-year rule is not the end of the analysis. Many potential clients are wrongly told that Thai inheritance claims simply die after one year. The correct question is whether the estate was ever properly administered and distributed. If not, Sections 1748 and 1784 keep the door open. For the general framework, see our complete guide to inheritance law in Thailand for foreigners and our step-by-step guide to probate and estate administration in Thailand.
Practical lessons for heirs and administrators
If you are an heir
Obtain copies of the title deeds and check the current registered owner at the Land Office; do not rely on family assurances. If the administrator has registered estate property in his or her own name, demand distribution in writing and consult a lawyer promptly — while Section 1748 helped these heirs, litigation decades after the fact is far harder and more expensive than acting early. If there is no will, understand who inherits by law: our article on Mourir sans testament en Thaïlande explains the six classes of statutory heirs.
If you are (or will appoint) an estate administrator
An administrator who transfers estate property to herself outside a lawful distribution is exposed to civil claims with no practical prescription shelter, removal by the court, and in serious cases criminal liability for misappropriation. Foreigners making a Thai will should also choose their executor with this case in mind — see our review of Dix décisions de la Cour suprême thaïlandaise que tout étranger rédigeant un testament devrait connaître..
Foire aux questions
Is there a deadline to claim an inheritance in Thailand?
Yes. Section 1754 CCC generally requires inheritance actions within one year of the death (or knowledge of it), capped at ten years. But where estate property was never lawfully distributed — for example because the administrator kept it — Section 1748 allows heirs to demand partition even after those periods.
What happens if a Thai estate administrator transfers property to themselves?
The transfer does not complete the administration. The property remains estate property held for all heirs, the heirs can sue to bring it back, and the administrator can be removed and held liable for damages, as Dika 284/2569 shows.
Can an heir who misuses estate property lose their inheritance?
Section 1605 CCC excludes an heir who fraudulently conceals or misappropriates estate property, wholly or partly. However, the courts apply this sanction restrictively — in Dika 284/2569 the defendant heir was not excluded, though he had to return the land and most of the sale money.
Can a foreigner bring an inheritance claim in a Thai court?
Yes. Foreign heirs have standing before Thai courts and can act through a Thai lawyer under a power of attorney without necessarily travelling to Thailand. Whether a foreigner can keep inherited land long-term is a separate question — see our guide on inheritance law for foreigners.
Does it matter that the property was given away rather than sold?
Yes. Recipients by gift are not protected as purchasers in good faith for value, so estate property that moved by gift is much easier to claw back into the estate.
This article was written and reviewed by Sebastien H. Brousseau, LL.B., B.Sc., who has practiced law in Thailand since 2004. If you are an heir to a Thai estate, suspect an administrator is mishandling estate property, or need help planning your own Thai succession, Contactez ThaiLawOnline for a consultation in English or French.
Disclaimer: this article is general legal information based on a published Supreme Court decision summary, not legal advice. Outcomes depend on the specific facts of each case; consult a qualified Thai lawyer about your situation.
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