Different Inheritance Shares in German and Thai Law: Key Differences Explained

Introduction

Inheritance laws vary widely between countries, reflecting different cultural and legal traditions. German and Thai inheritance systems, in particular, present contrasting approaches to how estates are divided among heirs.

Understanding these differences is essential for individuals with connections to both countries.

German Inheritance Law: Fixed Shares and Forced Heirship

German inheritance law is rooted in the principle of forced heirship (Pflichtteilsrecht), which guarantees specific relatives a portion of the estate, regardless of the deceased's testamentary wishes.

In Germany, the surviving spouse’s share depends on the marital property regime. For example, under the community of accrued gains (Zugewinngemeinschaft), the spouse generally inherits half of the estate. If no gains are accrued, the spouse’s share may be lower.

Children inherit equally, typically dividing the estate equally with the spouse. In cases where there are no children, the parents and siblings of the deceased may inherit next in line. Forced heirship rules guarantee close family members a mandatory portion, even if excluded from a will. This portion is equal to 50% of their statutory share.

 
Thai Inheritance Law: Flexible and Statutory

Thai inheritance law offers more flexibility and places a strong emphasis on statutory heirship classes. The law identifies six classes of heirs, prioritizing descendants, parents, and siblings before extending to more distant relatives like grandparents or uncles and aunts.

The surviving spouse holds a unique position, inheriting alongside other heirs. If there are children, the spouse and children share the estate equally. Without children, the spouse divides the inheritance with the next class of heirs, such as parents or siblings.

One key difference is that Thai law does not recognize forced heirship. Individuals are free to distribute their estate as they see fit through a valid will, without being obligated to reserve shares for specific family members.

 
Key Differences Between German and Thai Law
The most notable difference lies in the concept of forced heirship. German law guarantees mandatory shares to close family members, ensuring their financial protection. In contrast, Thai law allows full testamentary freedom, giving individuals more control over how their estate is distributed.

Additionally, the treatment of the surviving spouse differs. In Germany, the spouse’s inheritance share is heavily influenced by the marital property regime, while in Thailand, the spouse typically shares equally with children or other statutory heirs.

 
Practical Considerations for Estate Planning

For German citizens with ties to Thailand, these differences can create challenges. For instance, a German citizen residing in Thailand might unintentionally exclude their children or other heirs under Thai law if a will is not carefully prepared. Similarly, without a valid Thai will, Thai statutory rules may override expectations rooted in German inheritance law.

It’s also important to note the tax implications. Germany applies inheritance tax to the global estate of its citizens, while Thailand only taxes assets located within its borders.

 
Conclusion

The differences in inheritance shares between German and Thai law highlight the importance of proper estate planning. By seeking legal advice and drafting wills that comply with both legal systems, individuals can ensure their wishes are respected and prevent potential conflicts among heirs. Understanding these key differences is a vital step in protecting your legacy across borders.