What is a Lawsuit for “Disinheritance” in Thailand?

A lawsuit for disinheritance refers to a legal action where an heir who is otherwise entitled to inheritance is removed from succession because of wrongful conduct. Importantly, this disqualification does not happen automatically. A case must be filed in court, and the judge will decide based on evidence and testimony.

If you are considering such a claim, consulting with a Lead law firm in Bangkok can provide strategic guidance on whether pursuing disinheritance is worthwhile and how to navigate the legal process effectively.

Main Grounds for Disinheritance

Concealment or Misappropriation of Estate Assets
- Secretly transferring property (e.g., house, car, or bank account) into one’s own name
- Hiding assets or filing false claims to ownership
- However, if an appointed estate administrator fails to list all property initially or temporarily holds assets pending distribution, this does not count as misconduct
Note: If the deceased left a will granting specific property to someone, that beneficiary can still inherit that item, even if they misappropriated other parts of the estate.
Being an “Unworthy Heir” (Civil and Commercial Code, Section 1606)
There are five legal grounds, including:
- Attempting to kill the deceased
- Falsely accusing the deceased of a serious criminal offense
- Knowing that the deceased was murdered but failing to report it
- Forcing or threatening the deceased to make a will in one’s favor
- Destroying, altering, or revoking a will made for another person’s benefit
In these cases, the court can rule to disinherit the heir, unless the deceased, while alive, issued a written pardon.

Consequences of Disinheritance

The disqualified heir loses all rights to inherit immediately.
However, the effect applies only to the person themselves, not their descendants.
- For example, if a father is disinherited, his children may still inherit in his place.

Key Considerations Before Filing a Claim

Lawsuits can take significant time and involve high legal costs.
Even if the claim succeeds, property may still pass to the children or descendants of the disinherited heir.
Disinheritance litigation is often practical only when the targeted heir has no descendants to inherit in their stead.

Conclusion

A lawsuit for disinheritance in Thailand is a legal safeguard to uphold fairness in inheritance matters. However, before pursuing such action, one must carefully consider legal grounds, time, cost, and eventual outcomes. Seeking advice from a Lead law firm in Bangkok ensures that you are guided by experienced professionals who understand inheritance law and can represent your best interests.