Kammekor wrote: ↑Mon Jan 01, 2018 9:47 am

PSD-Kiwi wrote: ↑Sun Dec 31, 2017 7:39 pm

phuketrichard wrote: ↑Sun Dec 31, 2017 6:01 pm are u sure?? a will is a will and I can leave my property, bank accounts, whatever to anyone i wish to nominate ...

Yea sorry, I was talking about if the wife didn’t have a will. If not legally married and no will, then no leg to stand on.

No, I don't think it's true. A will is a will, but in most countries a will must be written according to National Laws and I can not imagine that's different in Cambodia.

It's not for nothing lawyers make big money making / changing wills.

So if yo want to have a will, you'd better read all the prakas on this subject I think, especially if it's about serious money or property.

Any lawyers in the house? I believe under international law if you die abroad your assets are distributed according to the law of the country you are in. A will is only any good if you have got it and can enforce it. When my father died in the uk the toerag who lived with him (male lodger) sold everything and ran off with the cash using a will which we subsequently proved in court was fake, but too late by then, the money was gone and bugger all chance of getting it back. He never even informed the family that my father had died. I think the real problem the OP has is what happens if he and his wife die at the same time. Will the kids get anything? If he dies and she gets everything and then dies before the kids are old enough will they get anything? who will make a claim for them? Inheritance is a mess everywhere.

Kammekor wrote: ↑Tue Jan 02, 2018 12:51 pm

It doesn't make any sense to distribute your assets according to the law of the country you are in (when you pass away). That would put each and everyone under big risk whenever they leave the country for even a holiday.

Distributing according to the law of the country the assets are in makes more sense, or the country the will was written / legalized in.

https://www.expatlegalwills.com/blog/in ... onal-will/
A will written in a foreign country may not be legal document in the country you die in.
Depending on the laws of the country you die in and the laws of the country where the assets are and the laws of the country of legal residence assets may be disposed off:-
1) According to the rules of the country where the assets are
2) according to the law of your country of residence
3) according to the law of the country where you die

Whichever applies you can be sure a huge chunk of the estate will disappear in legal and court fees. I think the advice I was given was very sensible because it removes the basis for a claim so it will be thrown out quickly (we hope) and minimise cost and delay.
You probably also need to take similar steps in the country the assets are in and your country of residence. Inheritance law and taxes is a freaking nightmare and anything you can do to keep it away from courts is desirable

Thanks for all the great info.
Another twist is we are legally married..... Kind of.
We dont have a Cambodia marriage certificate but we were married in the US and have a US certificate.


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lostjeremy wrote: ↑Tue Jan 09, 2018 8:40 pm Thanks for all the great info.
Another twist is we are legally married..... Kind of.
We dont have a Cambodia marriage certificate but we were married in the US and have a US certificate.


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If you were legally married in the Us you may be able to get the marriage recognised in Cambodia if you were legally allowed to marry at the time in Cambodia and had a good reason to marry in US. I am not exactly sure of the Critera. You need to speak to the Ministry of Foreign Affairs and/or the ministry of the Interior.

PSD-Kiwi wrote: ↑Tue Jan 09, 2018 10:38 pm TAke foreign marriage certificate and identification documents to the Legal & Consular Dept at the MoFAIC to apply to have your foreign marriage recognised, if approved you’ll be issued an Authorisation letter which you then submit to your Sangkat who will issue a Cambodian marriage certificate

Any udea of fees? I find MFA are greedy and its difficukt to get past the front office.
For info when i went there last time i was denied entry cos i was wearing shorts! They told me to go home and put proper trusers on

Is it possible to register company? And put the land under the company? If you can not put the land and the house on the company name is it possible to take loan under the company for the land and the house? And maybe you can register the company 60/40 to you wife and you? And you can leave 40% of the company to the kids govern by some lawyer or something in case something happen to you wife. I'm just thinking not sure if going to work. This way the company will act as a trust. And you will borrowing money to you from your company . That way you dont have any family problems and everybody happy.

PSD-Kiwi wrote:TAke foreign marriage certificate and identification documents to the Legal & Consular Dept at the MoFAIC to apply to have your foreign marriage recognised, if approved you’ll be issued an Authorisation letter which you then submit to your Sangkat who will issue a Cambodian marriage certificate

We will be doing this after our house is finished and we move to the new Sangkat. Our current one is useless because the long time CPP Sangkat chief lost the election 6 months or so ago to a CNRP guy. Needless to say there are many good intentions to be had but nothing is getting accomplished.

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