Wills

violet · Post by **violet** » Wed Jun 27, 2018 1:15 pm

Does a person in Cambodia need to have a will in Cambodia?

If a person dies in Cambodia, but holds passport from another country, do they need a will in that other country?

What about if they are between countries, having moved around a lot, but die in Cambodia.... What should they be doing about a will?
Where should the original copy reside? Can they choose to have it reside in a country that is not where they hold a passport and is not Cambodia?

Does any of that make sense? (Edited for typo)

StroppyChops · Post by **StroppyChops** » Wed Jun 27, 2018 1:27 pm

We hold Australian wills as our superannuation funds and life insurance policies are in Australia. We wish for some Cambodians to receive a small part of our estate, but that will be managed on a trust basis by our executors.

Our executors always know where we are, and there's always a trusted person where we are that knows how to contact the executors for a worst-case scenario. The executors obviously know which government trustees hold the wills.

A point that some Australian expats may not know - if you have a super fund or certain life policies, your body MAY have to be returned intact (not cremated) to Australia before your estate can be released.

Duncan · Post by **Duncan** » Wed Jun 27, 2018 1:30 pm

StroppyChops wrote: ↑Wed Jun 27, 2018 1:27 pm We hold Australian wills as our superannuation funds and life insurance policies are in Australia. We wish for some Cambodians to receive a small part of our estate, but that will be managed on a trust basis by our executors.

Our executors always know where we are, and there's always a trusted person where we are that knows how to contact the executors for a worst-case scenario. The executors obviously know which government trustees hold the wills.

A point that some Australian expats may not know - if you have a super fund or certain life policies, your body MAY have to be returned intact (not cremated) to Australia before your estate can be released.

Unless it is stated in your will that you be cremated in the country and location that you die.

violet · Post by **violet** » Wed Jun 27, 2018 1:33 pm

Government trustee?

Duncan · Post by **Duncan** » Wed Jun 27, 2018 1:38 pm

violet wrote: ↑Wed Jun 27, 2018 1:33 pm Government trustee?

I use Queensland Public Trust, http://r.search.yahoo.com/_ylt=Awr9Gi2b ... NPG3WBJ9M-

But that will not cover anything you own outside Australia. Need a separate will made in Cambodia if you own anything here.

StroppyChops · Post by **StroppyChops** » Wed Jun 27, 2018 4:01 pm

violet wrote: ↑Wed Jun 27, 2018 1:33 pm Government trustee?

In Australia, each state has a government trustee office, which (at your request) will hold your wills and other legal documents. The trustee office will also draw up a legally binding will for a fee, as an all-in package. They will also arbitrate if a will they drew up is disputed (for a fee). Some state trustees are better, so one person might lodge their documents in Queensland, another in Victoria, etc.

armchairlawyer · Post by **armchairlawyer** » Wed Jun 27, 2018 5:16 pm

The traditional advice is that one needs to make a Cambodian Will in order to deal with assets located in Cambodia. Nowadays that inevitably involves a notary public and a large bill. I asked my bank what would happen in the event of my demise and they said they will pay out to my next of kin in my home country if they came to Cambodia and showed the home country probate documents and proof of the relationship.

armchairlawyer · Post by **armchairlawyer** » Wed Jun 27, 2018 5:30 pm

violet wrote: ↑Wed Jun 27, 2018 1:15 pm Does a person in Cambodia need to have a will in Cambodia?

If a person dies in Cambodia, but holds passport from another country, do they need a will in that other country?

What about if they are between countries, having moved around a lot, but die in Cambodia.... What should they be doing about a will?
Where should the original copy reside? Can they choose to have it reside in a country that is not where they hold a passport and is not Cambodia?

As a foreigner, you don't need a Will in Cambodia unless you have assets here and maybe not even then (see above post from me).
I'll have a stab at answering your other questions, corrections welcome. I am writing from a common law jurisdiction perspective.
The only point of having a Will is to pass on assets to specified persons. So the question is - do you have assets in a given country. If you do and you are happy with the rules of intestacy of that country, you don't really need a Will, but it would be a good idea. The original Will is best kept in the country where your executors will be seeking Probate. It could stay elsewhere but it will have to go the relevant Probate Office on your death. Some jurisdictions will accept a Grant of Probate from another country without the need for a local Will or local Probate. Some will accept a foreign Grant of Probate but it will need to be sealed locally. There are no generic answers to your questions, one needs to know the specific countries. Generally speaking common law countries will deal cooperatively with each other, e.g. UK, Australia, Canada, USA, Hong Kong, Singapore. I don't know if civil code countries do likewise with each other.

that genius · Post by **that genius** » Wed Jun 27, 2018 5:58 pm

violet wrote: ↑Wed Jun 27, 2018 1:15 pm Does a person in Cambodia need to have a will in Cambodia?

If a person dies in Cambodia, but holds passport from another country, do they need a will in that other country?

What about if they are between countries, having moved around a lot, but die in Cambodia.... What should they be doing about a will?
Where should the original copy reside? Can they choose to have it reside in a country that is not where they hold a passport and is not Cambodia?

Does any of that make sense? (Edited for typo)

I hope your not planning on clocking out, violet, we need more crazy women on here. (I jest, I jest)

violet · Post by **violet** » Wed Jun 27, 2018 8:17 pm

that genius wrote: ↑Wed Jun 27, 2018 5:58 pm
violet wrote: ↑Wed Jun 27, 2018 1:15 pm Does a person in Cambodia need to have a will in Cambodia?

If a person dies in Cambodia, but holds passport from another country, do they need a will in that other country?

What about if they are between countries, having moved around a lot, but die in Cambodia.... What should they be doing about a will?
Where should the original copy reside? Can they choose to have it reside in a country that is not where they hold a passport and is not Cambodia?

Does any of that make sense? (Edited for typo)
I hope your not planning on clocking out, violet, we need more crazy women on here. (I jest, I jest)

You just? Hoping I have the rifle to my face as I type?

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