Overseas Inheritance Question

[chen22]

Hi all,

I'm looking for some advice. My father passed away suddenly while swiming in Phuket. He had no will. He has assets in a company that he and his girlfriend are the directors of. My fathers girlfriend wants me to come to phuket to sort it out, but have found that quite challenging as I am in Australia.

I have looked into some of the thai law that states,

Section 1629There are only 6 classes of statutiry heir; and subject to the provisions of par.2 S. 1630, each class shall inherit in the following [descending] order: (i) descendents; (ii) parents; (iii) brother and sisters of full blood; (iv)brothers and sisters of half blood; (v) grandparents; (vi) aunts and uncles.

Which would mean that I would be the first statutiry heir. However what if any do the other classes receive? is it like a percentage or how does that work?

[joskydive]

If you continue to check that section you will find

Section 1630. That the heir of the lower class has no right at all to the estate of the deceased. However, the foregoing paragraph does not apply in the particular case where there is any descendant surviving or represented as the case may be, and also the parents or one of them are still surviving, in such case each parent is entitled to the same share as an heir in the degree of children.

Basically, if your father's parents are still alive, they have an equal share as you and your brothers and sisters. If they are not surviving, you only share with your brothers and sisters. If you are an only child you recieve the total.

Section 1631 As between descendants of different degrees, only the children of the de cujus who are the nearest in degree are entitled to inherit. The descendants of lower degree may receive the inheritance only by virtue of the right of representation.

Sorry about your loss. I know it must not be easy for you to have to deal with this problem at this sad time and also have to go to another country aswell.