Copyright 2022 - สำนักงานทนายความ ฉัตรประพล แย้มเพริศศรี CP Law 63/261 ซ.10 ม.6 ต.เสาธงหิน อ.บางใหญ่ จ.นนทบุรี 11140 โทร.094-303-9999

Is the child not registered for marriage eligible for inheritance?

After the de cujus died.The problem that follows is who the legacy of the deceased belongs to. If the de cujus made a will, there would be less problems. Because it is said according to the will Which shows the intention before the death of the de cujus.But if the de cujus did not make a will, then he must sit and think that the assets and debts of the de cujus who are entitled to it. 

According to the law, the order of persons entitled to inherit According to the principle of close relatives, conquering distant relatives (In order of hierarchy if the upper hierarchical heirs are alive, the latter hierarchical heirs will not be inherited.) as follows:

  1. Descendants are lawful children, adopted children, illegitimate children recognized by the father, great-grandchildren Lon Lue
  2. Parents
  3. Siblings with the same parents
  4. Siblings with the same father or mother
  5. Grandparents, grandparents
  6. Uncles, aunts

And the spouse, that is, the husband and wife who are legally registered That is still alive is a statutory heir Divided in proportion to the above 6 descendants as required by law, for example, if a statutory heir is a descendant Spouse inheritance is equal to children. But if the statutory heir who has the right to inherit is a sibling with the de cujus.The inheritance ratio of the spouses of the de cujus is two thirds for children born of unregistered parents. Would not be the legitimate child of the father,But if the father has certified by circumstances such as allowing the last name His father brought him to report his birth. Foster father According to inheritance law Considered a descendant Heirs of the first hierarchy have the right to inherit the father. Although not a legitimate child Because he is an illegitimate child that his father has certified According to the line of the Supreme Court Judgment of 7272/2562 quoted this.
"The plaintiff claimed that The plaintiff is the heir who has the right to receive the inheritance of the de cujus because the plaintiff is the illegitimate child that the de cujus has certified. It is a descendant like a lawful child and a statutory heir who has the right to inherit the inheritance of the de cujus under Section 1627, 1629 (1), so the plaintiff has the burden of proving to the facts under Section 1627, which consists of Two parts of the facts. The first part is the fact that.The plaintiff is the son of the de cujus. And the second part is Facts about the circumstances of the de cujus that certify that the plaintiff is his son, such as the de cujus who informed the plaintiff that the plaintiff is his son Surname allowed Is a foster.And send it to education As well as advise and publicly show that the plaintiff is a child

Evidence of the civil registration stating that The plaintiff is the child of B. and A. Copy of house registration, which is a public document made by the competent official. It must be with the assumption that it is true and correct according to Section 127 of the Civil Code. The plaintiff must have evidence that is stable and reliable to refute the assumption that it will listen to the claims of plaintiff"

Article translated by Arthitaya Umpool

 

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