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Home/Land Inheritance...

Posted: Sun Dec 31, 2017 7:54 am
by lostjeremy
This is one of those things you dont want to think about but you have too for your kids sake.

I plan on kicking the bucket long before my wife but, God forbid, if something happened to her I'm curious about our house.


Our home/land is in the wifes name. I know a foreigner cant buy any property outside a condo, but can a foreigner inherit property? If not then hopefully it would be able to be inherited by minors, the kids?

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Re: Home/Land Inheritance...

Posted: Sun Dec 31, 2017 9:18 am
by phuketrichard
u cant own it, ur kids can, so make up a will designating them as next owners or her relatives will lay claim

Re: Home/Land Inheritance...

Posted: Sun Dec 31, 2017 9:48 am
by PSD-Kiwi
“If a foreigner inherits a property, and that property doesn’t have a strata title – or is not being held through a company with a Cambodian majority shareholder – he or she cannot assume ownership of the estate. In this situation, the law dictates that the estate becomes a legal entity, which the foreigner must sell within three months. The profits are then distributed among the heirs (including foreigners) and the entity is dissolved.

If the estate cannot be sold within three months, it must be handed over to the next inheritor in line holding Cambodian citizenship.”

https://www.b2b-cambodia.com/articles/g ... -cambodia/

Re: Home/Land Inheritance...

Posted: Sun Dec 31, 2017 9:52 am
by PSD-Kiwi
Be aware...

There’s also a law which states a minimum age for owning property, 16 iirc (?...will look for the relevant prakas and double check). So if your wife passes away, and your kids are under the minimum age, then they cannot inherit the property either.

Re: Home/Land Inheritance...

Posted: Sun Dec 31, 2017 11:17 am
by that genius
Couldn't one then have a trust to administer it for them until they reach legal age?

Re: Home/Land Inheritance...

Posted: Sun Dec 31, 2017 12:45 pm
by PSD-Kiwi
that genius wrote: Sun Dec 31, 2017 11:17 am Couldn't one then have a trust to administer it for them until they reach legal age?
That would be the best solution if possible. You’d have to find out what the deal with trusts are in Cambodia, I have no idea about trusts in Cambodia whether they’re even a thing.

Definitely worth looking into.

Re: Home/Land Inheritance...

Posted: Sun Dec 31, 2017 1:23 pm
by PSD-Kiwi
Just looked up the relevant Prakas, minimum age for property ownership is actually 18!

Re: Home/Land Inheritance...

Posted: Sun Dec 31, 2017 2:29 pm
by Duncan
phuketrichard wrote: Sun Dec 31, 2017 9:18 am u cant own it, ur kids can, so make up a will designating them as next owners or her relatives will lay claim

You cannot make a will designating a property that is in your wife's name, to be inherited by your kids or anyone else for that matter. It's also impossible to tell your wife to make a will to leave it to the kids as she could change her will after you die or even sell it.

Re: Home/Land Inheritance...

Posted: Sun Dec 31, 2017 2:53 pm
by phuketrichard
I plan on kicking the bucket long before my wife but, God forbid, if something happened to her I'm curious about our house.
I read this as he is asking, IF his wife dies first, so his wife needs the will leaving it to the kids before mom,pop, sis, brother step in...

Re: Home/Land Inheritance...

Posted: Sun Dec 31, 2017 4:00 pm
by Kammekor
lostjeremy wrote: Sun Dec 31, 2017 7:54 am This is one of those things you dont want to think about but you have too for your kids sake.

I plan on kicking the bucket long before my wife but, God forbid, if something happened to her I'm curious about our house.


Our home/land is in the wifes name. I know a foreigner cant buy any property outside a condo, but can a foreigner inherit property? If not then hopefully it would be able to be inherited by minors, the kids?

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Have you been legally married?

If not, it changes the situation completely.