Section 1629 — Six classes of statutory heirs detailed
Statutory text (Thai original)
(๑) (๓) (๔) หรือ (๖) ถึงแก่ความตาย หรือถูกกำจัดมิให้รับมรดกก่อนเจ้ามรดกตาย ถ้าบุคคลนั้นมีผู้สืบสันดานก็ให้ผู้สืบสันดานรับมรดกแทนที่ ถ้าผู้สืบสันดานคนใดของบุคคลนั้นถึงแก่ความตายหรือถูกกำจัดมิให้รับมรดกเช่นเดียวกัน ก็ให้ผู้สืบสันดานของผู้สืบสันดานนั้นรับมรดกแทนที่ และให้มีการรับมรดกแทนที่กันเฉพาะส่วนแบ่งของบุคคลเป็นราย ๆ สืบต่อกันเช่นนี้ไปจนหมดสายมาตรา ๑๖๔๐[277] เมื่อบุคคลใดต้องถือว่าถึงแก่ความตายตามความใน
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
There are only six classes of statutory heir;and subject to the provisions of Section 1630 paragraph 2, each class is entitled to inherit in the following order: 1) descendants; 2) parents; 3) brothers and sisters of full blood; 4) brothers and sisters of half blood; 5) grandparents; 6) uncles and aunts. The surviving spouse is also a statutory heir, subject to the special provisions of Section 1635.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1629 names the six classes referenced in §1620. Two practical points: (1) within class 1, both legitimate biological children and adopted children (§1627) inherit equally; illegitimate children inherit only if legitimated under §1547 or specifically named in a will; (2) the per-stirpes rule (§1639) means a deceased class-1 descendant's share passes to their own descendants — grandchildren take their dead parent's share.
Why this matters in practice
For lawyers: the order is strict — class (1) descendants present means parents, siblings, grandparents, and uncles/aunts receive nothing. The surviving spouse always takes alongside whichever class inherits, in proportions under §1635. Representation (§1639) applies within classes (1), (3), (4), and (6): if a class member predeceases, their descendants step in. For clients: if the deceased had children, only children (and grandchildren by representation) and the surviving spouse inherit. Parents and siblings are entirely excluded. Since 22 January 2025, a registered same-sex spouse is a statutory heir on exactly the same terms.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment. Since 22 January 2025, the Marriage Equality Act (No. 24, B.E. 2567) has been in force, giving a same-sex spouse the same inheritance rights as any spouse under this section.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 6161/2548 (2005) ★ Landmark
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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Supreme Court Judgment No. 3569/2548 (2005)
Where the deceased leaves no descendants or surviving spouse, the parents as class 2 heirs under §1629(2) inherit the entire estate.
The deceased had no descendants or spouse; the plaintiff was the deceased's mother. The court held that the mother was the statutory heir of class 2 under §1629(2) and was therefore entitled to the disputed land. The estate administrator's sale of the land to the defendant at a manifestly low price was set aside.
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Supreme Court Judgment No. 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.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
Who are the six classes of statutory heirs in Thailand?
Under §1629, the six classes are: (1) descendants (children, grandchildren, great-grandchildren by representation); (2) parents; (3) full-blood siblings (same father and mother); (4) half-blood siblings (same father or same mother only); (5) grandparents (paternal and maternal); (6) uncles and aunts. A class higher in the list takes to the complete exclusion of all lower classes. The surviving spouse inherits alongside whichever class takes, in proportions fixed by §1635. Since 22 January 2025, a same-sex spouse registered under the Marriage Equality Act has identical rights.