Statutory heirs are relatives recognized by law, such as descendants, parents, siblings, and spouses, who inherit when there is no will. Heirs in general are individuals legally entitled to receive a deceased person’s property, either under a valid will (testamentary heirs) or by operation of law (statutory heirs).
Statutory Heirs vs. Heirs (Thailand, Civil and Commercial Code)
Governing law: Book V of the Thai Civil and Commercial Code
Statutory Heirs
Statutory heirs are the relatives who inherit by law when there is no valid will (intestate succession). Under section 1629 of the Thai Civil and Commercial Code there are six classes of statutory heirs, who inherit in the following order:
Descendants (children, grandchildren, etc.; legally adopted children are treated as descendants of the adopter).
Parents.
Brothers and sisters of full blood.
Brothers and sisters of half blood.
Grandparents.
Uncles and aunts.
The surviving spouse is also a statutory heir, with a portion determined by the special rules in section 1635. The spouse’s share varies depending on which of the above classes exist.
Heirs (General Definition)
Heirs (sometimes called “normal heirs” in everyday language) is the broader term covering anyone entitled to receive the deceased’s estate, either:
Named in a valid will (testamentary heirs); or
Entitled under statute (statutory heirs) if there is no will or the will does not dispose of the entire estate.
Notes
If a valid will exists, its terms control, except where the law provides special rules for statutory heirs (e.g., the spouse’s share under Section 1635).
If there is no will, inheritance follows the class order above. A lower class inherits only when no one exists in a higher class (subject to the spouse’s portion).
