CONTRIBUTORY PORTION

Abstract

          The distribution of an estate among heirs of the same degree under the Thai Civil and Commercial Code is governed by Section 1633, which stipulates that statutory heirs of the same degree are entitled to receive equal shares. This provision applies without exception, even when a co-heir has provided special care or support to the deceased or has contributed significantly to preserving the estate. In such instances, such co-heir may bear the primary burden of caring for the deceased or safeguarding the estate’s assets, often at the expense of personal finances, health, livelihood, or opportunities to a greater extent than other co-heirs. Nevertheless, the law still mandates equal distribution, resulting in unfairness for the contributing heir. Although Thai inheritance law during the Sukhothai and Ayutthaya periods recognized the rights of heirs who nursed the deceased or performed the funeral rites, it has not been adopted in the current law.

          According to the study, the laws of civil law countries such as the Republic of Korea, the Federal Republic of Germany, and Japan recognize the right of a co-heir who provided special support to the decedent or to the estate to claim an additional share of the inheritance. Such entitlement is assessed on factors including the duration of care, the significance of the role performed, and the expenses incurred, all of which reflect the sacrifice and contributions made to the deceased and the estate. It is therefore recommended that the Thai Civil and Commercial Code, Book VI, Title II, Chapter III, be amended to incorporate “the principle of Contributory Portion” This would grant such co-heir the right to request a greater inheritance share than other co-heirs, thereby promoting fairness among heirs and compensating for the losses or foregone opportunities borne by those who assume such burdens.