Section 43 — Applying to replace a deceased party
Statutory text (Thai original)
ถ้าทายาทของผู้มรณะ หรือผู้จัดการทรัพย์มรดกของผู้มรณะ หรือบุคคลอื่นใดที่ปกครองทรัพย์มรดกประสงค์จะขอเข้ามาเป็นคู่ความแทน ก็ให้ยื่นคำขอโดยทำเป็นคำร้องต่อศาลเพื่อการนั้นในกรณีเช่นนี้ เมื่อศาลเห็นสมควร หรือเมื่อคู่ความฝ่ายใดฝ่ายหนึ่งมีคำขอ ศาลอาจสั่งให้ผู้ที่จะเข้ามาเป็นคู่ความแทนนั้นแสดงพยานหลักฐานสนับสนุนคำขอเช่นว่านั้นได้ เมื่อได้แสดงพยานหลักฐานดังกล่าวนั้นแล้ว ให้ศาลมีคำสั่งอนุญาตหรือไม่อนุญาตในการที่จะเข้าเป็นคู่ความแทน
English translation
If an heir of the deceased, an administrator of the deceased's estate, or any other person having custody of the estate wishes to enter the case as a party in place of the deceased, he shall submit an application in the form of a motion to the court for that purpose. In such a case, when the court thinks fit or upon the application of either party, the court may order the person who is to enter as a party in place of the deceased to produce evidence in support of such an application. When such evidence has been produced, the court shall make an order granting or refusing the substitution as a party.
This English translation is provided for reference only and has not yet been firm-verified — always rely on the Thai original.
Firm annotation
Section 43 sets out the voluntary route for substituting a deceased party, complementing the compulsory summons route in section 44 and the one-year framework in section 42. A person claiming to be an heir, administrator, or custodian of the estate applies by motion, and the court may require evidence to support the claim before ruling. The court's task is to verify the applicant's standing and then grant or refuse the substitution. The provision is regularly applied through special-court statutes, including those for labour and intellectual property cases, and in the civil part of cases connected to criminal proceedings.
Why this matters in practice
If a relative or someone whose estate you administer was a party to a case, you can step in and continue it by filing a motion under section 43, but be ready to prove you really are the heir, administrator, or custodian, for example with a death certificate, a court order appointing the administrator, or documents showing the line of succession. Getting yourself formally appointed as estate administrator often makes this cleaner, which is where litigation and probate work meet. Because timing matters under the one-year rule in section 42, do not delay; a Thai lawyer can prepare the motion and the supporting evidence and, if needed, help with the estate side through our wills and estate service.
Supreme Court decisions interpreting this section
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Supreme Court Judgment No. 14005/2558 (2015)
Where a plaintiff dies during the Supreme Court stage, the court may allow the deceased's heirs to enter as parties in place of the deceased under section 43.
During the Supreme Court stage the plaintiff died, and the Supreme Court allowed two named persons to enter as parties in place of the deceased plaintiff under section 43. The case concerned property acquired during a marriage where the spouses had separated without divorcing, and the substitution allowed the litigation to continue on behalf of the deceased plaintiff.
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Supreme Court Judgment No. 15036/2558 (2015)
Where a defendant dies during the Supreme Court stage, the court may, on the other party's application, summon the deceased's children as heirs to enter as parties in place of the deceased under section 43, applied through the labour court procedure statute.
During the Supreme Court stage the second defendant died, and the plaintiff applied to summon the defendant's three children to enter as parties. Finding that they were heirs of the deceased second defendant, the Supreme Court ordered them to enter as parties in place of the second defendant under section 43, applied through section 31 of the Act on Establishment of and Procedure for Labour Courts. The underlying dispute concerned a guarantee of an employee's work.
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Supreme Court Judgment No. 3724/2564 (2021)
In the civil part of a case connected to criminal proceedings, where a co-plaintiff dies during trial, a person may apply to enter as a party in place of the deceased under section 43, applied through section 40 of the Criminal Procedure Code, and the court may grant it.
In a case combining criminal charges with a civil claim, the third co-plaintiff died during the proceedings, and a named person applied to enter as a party in place of the deceased under section 43, applied through section 40 of the Criminal Procedure Code. The trial court granted the application, allowing the civil claim to continue alongside the criminal case.
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 does an heir take over a deceased party's case?
Under section 43, the heir, estate administrator, or custodian of the estate files a motion asking to enter as a party in place of the deceased. The court may require evidence of their standing and then grants or refuses the substitution.
What proof does the court need for the substitution?
The court may order the applicant to produce evidence supporting the motion, such as proof of being an heir, administrator, or custodian of the estate. Only after that evidence is produced does the court rule on whether to allow the substitution.