Royal University of Law and Economic Subject: International Civil Litigation Procedure Topic: Cambodia Inheritance Law Professor: Mateusz Prorok Members: -Lim Suyheang -Reth Sreyneath -Ly Vanda

Contents Introduction Testamentary succession 1. Types of will 1. Definition of Inheritance Law 2. Terminology ( heir, will-testament, descendants, successors) 3. When did wills introduce in Cambodia? Testamentary succession 1. Types of will 2. Secured portions Statutory Succession Conclusion

I. Introduction 1. Definition Inheritance Law is the process of transferring property or wills to the heirs, or it refers to the death of relative, due to the law of descent and distribution.

I. Introduction 2. Terminology 1. Heir : a person legally entitled to the property or rank of another on that person’s death, is often used to describe those inheriting property as designated by a will. 2. will-testament : is a legal document by which a person, the testator, expresses their wishes as to how their property is to be distributed at death, and names one or more persons, the executor, to manage the estate until its final distribution. 3. Descendants : a person that is descended from a particular ancestor. 4. Successor : a person that succeeds another.

I. Introduction 3. When did wills introduce in Cambodia? Wills were introduced in Cambodia during the time of the French Protectorate(1861-1941).

II. Testamentary succession

1. Types of will There are three types of ordinary wills : Wills by notarized document (Article 1173)—is made by dictating the will to the notary in presence of two or more witness, court’s probate is not required.   Wills by privately produced document (Article 1174)—must be written by the testator with the date of will and the name of testator, witness is not required, court’s probate is required Wills by secret document (Article 1175)—the testator can write the will by himself, or have someone writes on behalf, signed by testator and put it in an envelope. The envelope signed by the testator, a notary, and two or more witnesses. This wills by secret document requires probate by the court.

2. Secured portions + Decendent may by will designate succession shares of the heir, he may by will dispose of whole or any part of his property as a testamentary gift. However, certain kind of heirs have a legal secured portion of the estate which they cannot be deprived even by will.

III. Statutory Succession Statutory succession is described about the distribution of inherited property. By according to Cambodian Civil Code (CCC), children of decedent are heirs of first rank, lineal ascendants (e.g., parents or grandparents) are the second rank, and siblings of decedent are the third rank. Disqualified heir Effect of succession Heir can accept or renounce succession Ignored heir  

IV. Conclusion

Reference https://www.b2b-cambodia.com/articles/getting-a-last-will-and-testament-written- in-cambodia/ https://www.jica.go.jp/project/cambodia/0701047/04/ku57pq00001spnva- att/01_02e.pdf

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