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Inheritance is an important matter that affects everyone. When a person passes away, their assets are transferred to their heirs. However, many people are unaware of who is entitled to the inheritance and how much they will receive. Some assume that children inherit everything, while others believe that if there are no children, the spouse will inherit everything alone. Misunderstandings like these, which go beyond what the law actually prescribes, have led to numerous legal disputes over the years.
In fact, almost every lawyer has dealt with inheritance cases at some point. In this article, I will explain the division of inheritance in different scenarios and discuss interesting aspects of land inheritance. This discussion will focus specifically on cases where there is no will.
TABLE OF CONTENT
Inheritance Distribution Ratios
Before discussing the specific distribution ratios, it is essential to understand who is entitled to inherit. Under the law, not all relatives receive an inheritance. The legal principle states that if closer relatives are still alive, more distant relatives will not inherit. The hierarchy of heirs is as follows:
1. Children (Direct Descendants)
2. Parents
3. Full Siblings (Same Father and Mother)
4. Half-Siblings (Same Father or Same Mother)
5. Grandparents (Paternal and Maternal)
6. Uncles, Aunts (Paternal and Maternal)
If there is a spouse, the spouse always inherits, regardless of the presence of other relatives.
Inheritance Distribution in Different Scenarios
The following examples specify only the living heirs at the time of the deceased’s passing:
• Spouse + Children → Equal shares among all (regardless of the number of children).
• Spouse + Parents → The spouse receives 50%, and the parents share the remaining 50% equally.
• Spouse + Children + Parents → Equal shares among all (regardless of the number of children).
• Spouse + Full Siblings → The spouse receives 50%, and the full siblings share the remaining 50% equally.
• Spouse + Half-Siblings → The spouse receives 2 parts, while the half-siblings share 1 part together.
• Spouse + Grandparents → The spouse receives 2 parts, while the grandparents share 1 part together.
• Spouse + Uncles/Aunts → The spouse receives 2 parts, while the uncles/aunts share 1 part together.
Key Observation
It is evident that the spouse always inherits, regardless of which other relatives are present. This is different from other heirs, who must wait to see whether a higher-priority heir exists before they can inherit.
Who Can the Estate Administrator Transfer Land To?
An estate administrator must transfer inherited land to the rightful heirs in accordance with:
• Legal inheritance distribution as prescribed by law.
If an estate administrator transfers inherited land to someone else or allocates more than the legal entitlement to a specific heir without consent, they are legally liable for such actions.
Why Do Estate Administrators Often Transfer Land to Themselves?
This practice is commonly misunderstood. When an estate administrator transfers inherited land to themselves, there are typically two possible reasons:
1. They are an heir and are entitled to inherit the land → This is legally acceptable.
2. They register the land in their own name as the estate administrator → This is done for practical reasons, such as:
• Holding the land temporarily while awaiting sale.
• Managing the property while heirs finalize their decisions.
In such cases, the administrator is not claiming the land as their own but merely acting as a custodian until further distribution is finalized.
Examples of Inheritance Distribution Among Siblings (Without a Will)
Scenario 1: Inheritance Among Siblings
Suppose there is an inheritance of 1,000,000 THB, with three full siblings and no spouse. The distribution follows these steps:
1. Check if the deceased had living parents or children.
• If the deceased had children, the siblings receive nothing (children inherit everything).
• If both parents are still alive, they inherit instead of the siblings.
2. If both parents are deceased and there are no children, the three siblings inherit equally:
• Each sibling receives 333,333 THB.
• The remaining 1 THB can be resolved by mutual agreement.
Example: Inheritance Distribution for a Spouse (Without a Will)
A spouse always inherits, regardless of other surviving relatives. The exact share depends on whether there are children, parents, or siblings (refer to previous sections for detailed proportions).
However, one key principle to remember:
“Separate Marital Property First!”
Many inheritance disputes arise because marital property (community property) is not separated first. If this is not done, it can cause confusion between the spouse’s rightful share and the deceased’s inheritance, leading to legal conflicts.
How Long Do You Have to Transfer Inherited Land?
By law, an estate administrator must transfer inherited land to heirs within 1 year from the date of their appointment by the court.
However, in practice, many cases exceed this 1-year limit. If you have been waiting for years without receiving your rightful inheritance, here’s what you can do:
1. If the estate administrator does nothing within 1 year
• You can petition the court to remove them and appoint a new administrator.
• You can also sue them to force the inheritance distribution, but this can be a long and exhausting process.
2. If the estate administrator is fraudulently withholding or misappropriating assets
• You can file both civil and criminal lawsuits, and they could face imprisonment.
Key Takeaway
Do not trust blindly. In many cases, estate administrators are elders or the eldest sibling, making other heirs reluctant to take legal action. Unfortunately, this has led to many people losing their rightful inheritance.
However, if you are an estate administrator, don’t stress too much—as long as you are actively working on the inheritance distribution and acting in good faith, you are protected from removal, even if the process takes longer than one year. The key is to ensure continuous and honest efforts in fulfilling your duties.
Conclusion
Inheritance is a highly important matter, yet it is also one of the most neglected issues. Many people choose to step aside, assuming that other relatives will handle it or wishing to avoid conflicts. However, in my experience, the longer it is delayed, the worse the situation becomes—leading to greater losses, resentment, and even family disputes.
To prevent this, it is best to resolve inheritance matters as quickly as possible. Ideally, all heirs should come together for mediation and mutual agreement. While dividing assets equally in monetary terms might seem simple, real-life inheritance cases rarely work that way. Instead, discussions are needed to determine:
• Who will take which piece of land?
• Who will inherit valuable items such as jewelry or cars?
• How should assets be exchanged or compensated fairly?
A well-negotiated inheritance settlement ensures fairness, prevents disputes, and preserves family relationships in the long run.
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