Section 1635 — Surviving spouse's share
Statutory text (Thai original)
ลำดับและส่วนแบ่งของคู่สมรสที่ยังมีชีวิตอยู่ในการรับมรดกของผู้ตายนั้น ให้เป็นไปดังต่อไปนี้(๑) ถ้ามีทายาทตาม
Verbatim from the Royal Gazette / Office of the Council of State
คำแปลภาษาอังกฤษ
The surviving spouse is entitled to the inheritance of the deceased in the class and according to the division as hereunder provided: (1) if there is an heir according to Section 1629 (1) surviving or having representatives as the case may be, such surviving spouse is entitled to the same share as an heir in the degree of children; (2) if there is an heir according to Section 1629 (3) and such heir is surviving or has representatives, or if in default of an heir according to Section 1629 (1), there is an heir according to Section 1629 (2) as the case may be, such surviving spouse is entitled to one half of the inheritance; (3) if there is an heir according to Section 1629 (4) or (6) and such heir is surviving or has representatives, or if there is an heir according to Section 1629 (5) as the case may be, such surviving spouse is entitled to two-thirds of the inheritance; feedback (/form/1-samuiforsale-contact-form.html?tmpl=component) / (4) if there is no heir as specified in Section 1629, such surviving spouse is entitled to the whole inheritance.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 1635 spells out the spouse's fractional share: against class 1 (descendants), spouse takes 1 share equal to one child; against class 2 (parents), spouse takes 1/2; against class 3-4 (siblings), spouse takes 1/2; against class 5-6 (grandparents/uncles), spouse takes 2/3; if no statutory heir survives, spouse takes 100%. Critical insight: this is the spouse's share AFTER the marital-property split. The surviving spouse first receives 1/2 of Sin Somros (§1474) as their own property; the deceased's 1/2 of Sin Somros plus their Sin Suan Tua is what passes under §1635.
Why this matters in practice
For lawyers: the §1635 fraction applies to the deceased's share of the estate (after liquidation of marital property under §1625). If class 1 descendants are present, the spouse takes an equal per capita share alongside the children — e.g., three children plus spouse means four equal shares. If only parents or siblings (classes 2–3) survive, the spouse takes one-half. With no heirs in classes 1–3, the spouse takes two-thirds if grandparents or uncles/aunts are present, and the entire estate if no other heir at all. Since 22 January 2025, these rules apply equally to same-sex spouses. For clients: getting married (including same-sex marriage since 22 January 2025) gives your spouse a guaranteed share of your estate even if your will tries to cut them out (see §1629 reading with §1635).
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment to the quantum rules. Since 22 January 2025, the Marriage Equality Act (No. 24, B.E. 2567), in force from that date, extends the full rights of a surviving spouse under §1635 to a same-sex spouse. A same-sex surviving spouse now inherits on precisely the same terms as any other surviving spouse.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 5750/2533 (1990)
A surviving registered spouse is a statutory heir under §§1629 and 1635 and inherits alongside class 1 descendants, taking an equal share per capita with the children.
The applicant was a child of the deceased from a marriage that predated the Civil and Commercial Code Book 5 and was validly recognised under transitional provisions. The objector was a spouse who had registered marriage with the deceased under the current Code. The court held both were statutory heirs: the child as class 1 heir and the registered spouse under §§1629 and 1635.
Curated decisions with case numbers verified against the Supreme Court database. English renderings are the firm's editorial translation for study.
Frequently asked questions
How much does a surviving spouse inherit in Thailand?
Under §1635, the surviving spouse's share depends on which other heirs are present in the estate: (a) If the deceased left descendants (children, grandchildren): the spouse takes the same share as each child — e.g., two children plus spouse means three equal shares. (b) If the deceased left only parents or full/half-blood siblings (but no descendants): the spouse takes one-half of the estate. (c) If the deceased left only grandparents, uncles, or aunts: the spouse takes two-thirds. (d) If there are no other heirs: the spouse inherits the entire estate. Note: the spouse first receives their own half of joint marital property (sinsomros) before the estate is counted. Since 22 January 2025, these rules apply equally to same-sex spouses.