Creating a (last) will in Cambodia and the actual job description of a Cambodian Notary (public)
Posted: Tue Dec 24, 2019 10:54 pm
Hello forum!
Just asking if anyone has:
1) drafted a (Notarial) will for use in Cambodia using the services of a Cambodian notary;
2) had a Cambodian notary simply notarize a will that you (the testator) had written in English;
3) had experience of using a will after the death of someone in Cambodia. (Mainly wondering what kind of will it was and was it effective in smoothing the transfer of assets, looking out for interests of specified children, etc.)
I found this article https://www.b2b-cambodia.com/articles/g ... -cambodia/ which is fairly helpful in that it explains the three types of wills (notarial, private, secret) that you can get made/make yourself here in the Kingdom and a little about the type of involvement that each requires of a Cambodian notary, lawyer, and courtroom.
Notarial Wills
(I was also taught about what the actual job description of a notary (public) is in Cambodia. The job (seems) to have a lot more clout than a simple notary public in a country like the USA. Here is an article that goes a bit into detail about that: http://www.ppnp.com.kh/notary-public-profession/.)
I guess a big question that I have is that as creating a will in Cambodia seems to be much more expensive and involved than creating a will in more economically developed countries, is it really necessary? I mean in certain circumstances, such as when starting a family, we are taught that it is crazy and reckless to not have a will in our home countries, but here in Cambodia...perhaps you must have substantial assets to really consider going through the legal processes of creating a usable will?
Any insights into/experiences with these matters would be very helpful.
Just asking if anyone has:
1) drafted a (Notarial) will for use in Cambodia using the services of a Cambodian notary;
2) had a Cambodian notary simply notarize a will that you (the testator) had written in English;
3) had experience of using a will after the death of someone in Cambodia. (Mainly wondering what kind of will it was and was it effective in smoothing the transfer of assets, looking out for interests of specified children, etc.)
I found this article https://www.b2b-cambodia.com/articles/g ... -cambodia/ which is fairly helpful in that it explains the three types of wills (notarial, private, secret) that you can get made/make yourself here in the Kingdom and a little about the type of involvement that each requires of a Cambodian notary, lawyer, and courtroom.
Notarial Wills
- Are drafted by a Cambodian Notary based on what the Testator says in front of three witnesses (including the Notary).
- Are the most accepted by institutions (such as a bank I assume).
- Still probably need to be brought before a judge to get a ruling as to authenticity (before the Testator passes I assume).
- The fee (charged by the notary) for the creation and notarization of this will is a certain percentage of the value of assets listed in the will.
- Also called "hybrid" as it is really a mixture of a notarial and a private will.
- May involve the help of a notary or attorney in the drafting.
- Is brought before a notary and two witnesses ALREADY SEALED.
- The SEALED WILL (note - not read out) is stated by the testator to be his or her will.
- The notary dates (and stamps?) the envelope as well as the witnesses and the testator.
- Is thought to be less costly when compared to a Notarial will.
- Must be HANDWRITTEN - CANNOT BE TYPED.
- Does not require any services from a notary or attorney (or witnesses I presume).
- Will most likely need to be taken before a judge to get ruling as to authenticity (through handwriting analysis I assume?) before it is applicable.
(I was also taught about what the actual job description of a notary (public) is in Cambodia. The job (seems) to have a lot more clout than a simple notary public in a country like the USA. Here is an article that goes a bit into detail about that: http://www.ppnp.com.kh/notary-public-profession/.)
I guess a big question that I have is that as creating a will in Cambodia seems to be much more expensive and involved than creating a will in more economically developed countries, is it really necessary? I mean in certain circumstances, such as when starting a family, we are taught that it is crazy and reckless to not have a will in our home countries, but here in Cambodia...perhaps you must have substantial assets to really consider going through the legal processes of creating a usable will?
Any insights into/experiences with these matters would be very helpful.