A Comparative Analysis of Excluded from succession: Cases of Heirs Failing to Fulfill the Duty of Supporting the Deceased in People’s Republic of China, United States of America, and Republic of Korea

Abstract

     This research addresses a significant issue in Thai society concerning the inheritance rights of heirs who fail to fulfill their legal duties to support the deceased. Under current Thai law, heirs retain the right to inherit even if they did not provide any support or care to the testator. Furthermore, the provisions of Section 1606 of the Thai Civil and Commercial Code, which govern disinheritance, do not include any explicit clauses for heirs who neglect their legal duty of care towards the testator. This loophole allows heirs who have abandoned the testator to still inherit their estate. The aim of this research is to study the concept and legal framework regarding disinheritance and the duty of care by examining related laws on disinheritance in cases where heirs have failed to support the testator in other jurisdictions. The study aims to propose legal reforms to improve Thailand's inheritance laws, making them more just and aligned with contemporary societal values.