Section 1754 — Prescription on inheritance claims

Firm annotation

Section 1754 traps many heirs. The 1-year clock starts when the heir KNEW about the inheritance — not when they could have asked — but the 10-year long-stop applies regardless of knowledge. Foreign heirs of Thai estates often miss the 1-year deadline because they're abroad and not actively monitoring; the firm has handled multiple cases where heirs returned to Thailand 18 months after death and found their claim time-barred. Estate-planning recommendation: include foreign heirs in the will explicitly, give the executor or local representative authority to notify them, and consider naming an outside administrator who has a duty to find and notify all heirs.