LOSS OF INHERITANCE RIGHTS DUE TO BEING EXCLUDED FROM THE SUCCESSION: A COMPARATIVE STUDY BETWEEN THAI LEGISLATION AND THE LAOS PEOPLE'S DEMOCRATIC REPUBLIC’S LAW

Abstract

This paper aims to study the loss of inheritance rights because the heir is legally excluded from receiving inheritance under Thai law in comparison with legislation of the Laos People's Democratic Republic (Loas).

The study found that both Thai law and Laos’s law contain provisions regarding the loss of heirs' inheritance rights. The heir may be precluded from succession before or after the death of the owner of the inheritance because he/she is illegally engaged in moving and concealing the existence of property, which are the encroachment on the inheritance property. Exclusion from succession could involve the commission of any act against the owner of the inheritance and other descendants. Based on the law of Laos, it contains border provisions that exclude the right to inheritance than Thai law. The provisions preclude heir who have been convicted of unlawfully intending or attempting to cause the death of the owner of the inheritance or other heirs, which is a crime against life. These models are comparable to Thai law. Laos's law also covers the heir who causes serious harm to the owner of the inheritance, as well as when an heir conceals or supports such an offense. The person may lose the right to inheritance when he/she is judged to fail to perform the duty of care and support the owner of the inheritance as parents and children. The law of Laos also excludes the heir who resides in the same province or city as the owner of the inheritance, but he/she did not arrange a funeral or assign another person to act on his/her behalf. These actions result in losing inheritance rights, which do not appear in Thai law.

Therefore, the paper suggests revising Thai legislation concerning exclusion from succession because the heir committed an offense leading to a final judgment that he/she intended to commit or attempted to unlawfully cause the death of the owner of the inheritance or the person who could inherit before him/her unlawfully. It is essential to specify the heir's actions as "instigator" or "supporter". The legal model of Laos should be applied to Thai law to preclude the heir who intentionally ignores the legal duty to care for parent, this factor should be taken as another cause of the loss of inheritance rights.