Section 1754 — Prescription on inheritance claims
Statutory text (Thai original)
แล้วก็ดีสิทธิที่จะเรียกให้แบ่งทรัพย์มรดกตามวรรคก่อน จะตัดโดยนิติกรรมเกินคราวละสิบปีไม่ได้
Verbatim from the Royal Gazette / Office of the Council of State
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.
Why this matters in practice
For lawyers: the one-year period is subjective and starts only when the heir actually knew or ought to have known of the death — 'ought to have known' requires actual constructive notice, not mere possibility of inquiry (Dika 13384/2558). The ten-year absolute bar applies even where the heir had no knowledge. Critically, §1754 does not apply where the heir already holds the estate property in undivided co-ownership (§1748) — a co-heir can demand partition at any time. The five-year administration prescription in §1733 and the §1754 periods are separate and serve different claims. For clients: do not delay claiming your inheritance. If more than one year has passed since you learned of a relative's death in Thailand, seek legal advice immediately — the absolute ten-year bar runs silently.
Legislative history
Part of the original Civil and Commercial Code codification; no major subsequent amendment. Section 1754 provides two parallel prescriptions: the one-year subjective period (running from knowledge of death) and the ten-year absolute bar (running from the date of death regardless of knowledge). These periods apply to actions to recover inheritance; they do not apply to an heir's right to demand partition of undivided estate property already in co-ownership under §1748.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 9992/2560 (2017) ★ Landmark
§1754 provides a one-year subjective and ten-year absolute prescription for inheritance claims; the right to demand partition of undivided co-owned estate property under §1748 is not subject to these periods.
The court confirmed the two prescription periods in §1754: the one-year period runs from when the statutory heir knew or ought to have known of the deceased's death; the absolute ten-year period runs from the date of death regardless of knowledge. However, §1748 paragraph one provides that a co-heir in possession of undivided estate property may demand partition at any time, and this right is not subject to the §1754 prescription.
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Supreme Court Judgment No. 892/2562 (2019)
The §1754 inheritance prescription and the §1733 administration prescription are distinct; a court may not apply the ten-year bar under §1754 where the defendant pleaded only the one-year bar.
The defendants raised both §1754 paragraph one (one-year prescription for heirs) and §1733 paragraph two (five-year administration prescription). The court held these are distinct prescriptions serving different types of claims; applying §1754's ten-year absolute bar where defendants had pleaded only the one-year bar was an error. The court distinguished the five-year administration prescription from the inheritance prescription.
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Supreme Court Judgment No. 13384/2558 (2015)
A creditor's one-year prescription under §1754 paragraph three runs from the date the creditor received confirmed notice (actual or constructive) of the debtor's death.
A creditor sent a demand letter to the debtor at the debtor's address; the letter was returned with a notation that the debtor had died. The court held that when a creditor receives confirmed notice that the debtor is dead, that constitutes knowledge or constructive knowledge of the death for purposes of §1754 paragraph three; the one-year period for creditors of the estate runs from that date.
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 long do I have to claim an inheritance in Thailand?
Under §1754, you have one year from the date you knew or ought to have known of the deceased's death. If you never knew, an absolute ten-year deadline applies running from the date of death — after which no claim can be brought regardless of knowledge. For creditors of the estate, the same one-year period applies from when they knew or ought to have known of the death. Important exception: if you are already a co-heir holding the estate property in undivided co-ownership with other heirs, your right to demand formal partition under §1748 has no time limit — but your claim must be brought within the prescription periods if you are demanding the property back from someone who does not hold it in co-ownership with you.