Section 1625: Dividing property between the deceased and the surviving spouse

Supreme Court decisions interpreting this section

1. Supreme Court Judgment No. 3566/2542 (1999)

   A void will does not extinguish the surviving spouse's rights under §§1625 and 1635; the spouse retains both the marital property share and the statutory heir share.

   The deceased's will was void for lack of a date. Even though the will was void, the surviving spouse still had rights in the estate assets in her capacity as spouse under §§1625 and 1635(2): she was entitled to her marital property share and to her statutory heir share of the remaining estate.

   Read the full decision (deka.in.th)

2. Supreme Court Judgment No. 6562/2537 (1994)

   Where one of the spouses dies, section 1625 requires the property of the husband and wife to be divided between the surviving spouse and the estate, and the division is made under section 1533, so the surviving spouse takes one half of the sin somros. A person who withdraws sin somros belonging to the surviving spouse must return that half, with interest.

   The plaintiff, as surviving spouse, claimed her share of the sin somros consisting of cash in the deceased's bank accounts, amounting to 3,652,065.20 baht, which the first and second defendants had withdrawn from the third defendant. The first and second defendants did not deny it and had themselves accepted, at item 26 of the schedule of property annexed to the minutes of the heirs' meeting, that the sum was sin somros between the deceased and the plaintiff. The Supreme Court accordingly held the sum to be sin somros, and that the plaintiff was entitled to half of it under section 1625 read with section 1533, namely 1,826,032.60 baht, which the first and second defendants had to return to her with interest.

   Read the full decision (deka.in.th)

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