Yes, disinheriting a child is legally permissible in Thailand under the Thai Civil and Commercial Code (CCC), but it is strictly conditional. The testator must provide valid grounds such as gross misconduct, abandonment, or persistent disobedience under Section 1620–1646. Thai courts scrutinize such cases to prevent abuse, often requiring documented evidence of wrongdoing. Recent 2026 amendments to the CCC strengthen protections for vulnerable heirs, mandating mediation via the Department of Probate (DOP) before disputes escalate to litigation.
Key Regulations for Disinheriting a Child in Thailand
- Legitimate Grounds Required: Disinheritance must cite specific acts under Section 1620, including physical abuse, fraud against the estate, or criminal convictions. Vague justifications are routinely rejected by Thai courts.
- Mandatory Mediation: Since 2026, the Department of Probate (DOP) must mediate inheritance disputes before litigation. Failure to comply voids the disinheritance clause.
- Reserved Portion Protection: Even if disinherited, a child retains a statutory reserved portion (typically 50% of their intestate share) unless they forfeit it via court order for severe misconduct (Section 1627).