What happens when someone dies in Thailand?
General rules:
What happens when someone dies in Thailand? Well, in case of death of a person(Foreigner or Thailand citizen), within 24 hours of the death. The Thai Police should be informed and the body sent for examination.
This is to determine the cause of death. In the examination, is found that the death is naturally caused, then the examination office will return the body to the family immediately and issue a death certificate. If it is found in the examination that the death is not caused naturally, usually then the body is sent for autopsy in order to determine the cause of death.
Normally the funeral rights would start almost immediately. And normally go on for some 5 days or more. Sometimes longer if the person was an important figure within the community. There are lots of traditions performed within the ceremony, including washing and dressing of the body.
Laying to rest within the casket and Buddhist monk pray. Many other traditions can be observed, depending upon where in Thailand a person is from.
Rules Regarding Inheritance:
Scenario-1: If the deceased had left a will
In this scenario, if the deceased has written and signed any will and the same was attested by at least two witnesses then, the property will be distributed according to such a Will[1].
Scenario-2: If the deceased has left no will
In this scenario, if the person dies without having a will then the assets or property of the deceased will be distributed according to Thai Inheritance and Succession laws.
According to Thai Succession and Inheritance laws, there are six classes of statutory heirs who can have right over the assets and property of the deceased if he/she dies without a will, those are:
- Descendants of the deceased;
- Parents of the deceased;
- Brother and sister of full blood(having common parents)
- Brother and sister of half blood(having common father but different mother)
- Grand Parents
- Uncles and Aunts[2]
Based on this order the property and the assets of the deceased are distributed. If in any class, if only one person is alive and no other person is left then the whole property and assets of the deceased will be taken by the living person[3].
If there are more than one descendent belong to the same class are alive then the property and assets of the deceased are distributed equally[4]. In case of descendants are more than one and if any of the descendants was deceased and left with children then the property will be distributed according to per stripes[5], that is the deceased descendent is considered as alive and the assets are distributed equally to the descendent including deceased descendent.
And the portion which deceased descendent got will be equally distributed among the children’s of the deceased descendent.
The Civil and Commercial Code clearly states that as long as any heir surviving in any of the classes then the lower class has no right to claim the right over the property of the deceased[6]. And also if descendent and parents are surviving then parents are entitled to the same share as the legal heir entitles[7].
Conclusion of What happens when someone dies in Thailand?:
Thai code clearly explains the law of inheritance and succession in case of deceased hasn’t written will under Chapter-1, Title-II and also if the deceased has written the will under chapter-1, Title-III.
Talk to us about this and other Thai Will matters.
To get full and frank clarification on What happens when someone dies in Thailand? and any other matters regarding Wills in Thailand, get in touch with us. You can use the form below, our Facebook page.
Our basic Wills start from as little as 6,ooo Thb, so no matter the complexity of your requirements we will have a lawyer to match your budget.
[1] Civil and Commercial Code, §.1646, (Thailand)
[2] Id., §.1629
[3] Id., §.1633
[4] Id.
[5] Id., §.1634
[6] Id., §.1630
[7] Id.
