26/05/2026
Types of Wills (testaments) Recognized
Under Cambodia law Will have 3 form. Those Wills are as following:
1-Will by notarial document
This form of will is made by the oral declaration of the exact meaning of the will by the testator to the notary in the presence of two or more witnesses. The notary then writes down the contents of the testator’s will and reads it aloud to the testator and the witnesses. After acknowledging the contents of the writing, the testator and the witness shall write down their name, age, address and affix signature on it. Finally, the notary shall date and sign the document.
The authenticity and legitimacy of the will by notarial document are guaranteed because the will is prepared and drafted by the notary. Moreover, contrary to other form of will, will by notarial document is not subjected to the procedure of probate before the court.
2-Will by privately produced document
Will by privately produced document is a will that the testator writes the whole texts of the will by himself (holograph), puts the date and affixes his signature to it. It is to note that the will by privately produced document that is written by another person or using a typewriter or other machine shall be null and void.
Even though, will by privately produced document is more convenient to make because it does not require the intervention of notary or witness, the issue of validity of this form of will is likely to arise. Furthermore, it must be presented to the court the procedure of probate.
3-Will by secret document
Will by secret document is a will that the testator can write down the text of the will by himself or seek for the help from lawyer to draft the will for him. After having signed the will, the testator shall put the will inside the envelop. The envelop is then signed or initialed on the placed of closing in order to make sure whether the closure has been opened. After that, the testator produces the sealed envelop before a notary and at least two witnesses and declare that it is his/her testamentary document. In case that it is written by a person other than the testator, the testator shall declare the name and address of such other person. The notary shall write the date of the production of the documents and the declaration of the testator on the envelop. Finally, the notary, the testator and the witnesses shall affix their signature on that envelop.
However Will is recommended to do with notary for make sure about legally binding.