Inheritance rights of non-custodial parents

Abstract

This article was conducted to compare the inheritance rights of parents who abandoned their children in different countries. For the reason that there has been a deeply embedded value in Thai culture that children are their parents’ possession, whilst, nowadays, the incidents of parents abandoning, abusing, and exploiting their children keep reoccurring, both as crimes and as disguises of filiation and gratitude, and despite those repeated events, the problems have never been widely discussed.  

        The research methodology focuses on the inheritance rights of parents who abandoned their children in Korean, Argentinian, and French laws compared to Thai laws by analyzing each countries’ familial background, history, and associated regulations.

The outcome of this research demonstrates that

1. Parents’ inheritance rights on their children’s property differs in each country since the associated laws were made dependent on the influence of their cultures and beliefs. Thus, there are both similarities and differences depending on the closeness of their cultures, there is no final answer to indicate which laws are the most appropriate one.
2. Thai inheritance laws value the supremacy of the will since decedents can disinherit their intestate heir entirely using their will.
3. Korean and French laws are alike in the aspect where they have regulations that limited the rights to make a testament. Decedents cannot write their will freely, there are rules to regulate the validation of the content of a will.

       4. Argentinian laws value the importance of parents’ inheritance rights on their children’s property as intestate heirs since they limited the ability to make a will by positioning parents as forced heirs.