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What happens if I die in Cambodia
Whether accidental or natural, anticipated or sudden, the death of a loved one in a foreign country is often a daunting and stressful experience for families, especially in developing countries such as Cambodia. From the body to the personal belongings to all the administrative formalities, the process can be a real headache, especially unpleasant at times of mourning.
Although it may sound morbid, it is important to be prepared and to know the steps and obstacles that can be encountered when a death occurs in Cambodia.
This article looks at some of the most important issues that people need to be aware of.
Determining who is the next of kin
When a person dies in Cambodia, the first step is to determine who the next of kin is. However, there is no legal definition of the term “next of kin” in Cambodia. It is therefore important to note that if there is a disagreement about the identity of the next of kin, or if the deceased has not identified their next of kin, this can have a significant impact on the length of the whole process.
The next of kin will usually have to make the practical decisions and arrangements, but may, depending on the circumstances, appoint another person to act on their behalf.
What is the standard information procedure?
The authorities will usually inform the Embassy of the death of a foreign national in Cambodia and will try to obtain as much information as possible about the circumstances of the death, although the amount of detail provided by the authorities may be very limited.
Please note that requests for further investigation by the authorities into a death must be made through a legal representative or funeral director. The provision of information may take several months or even years, and all documents provided will be in Khmer.
Did the deceased have insurance?
After determining who the next of kin is, it is crucial to check whether the deceased had insurance. If the deceased was covered by insurance, the next of kin will most likely need to contact the insurance company without delay. If there is no insurance, the costs of repatriation or cremation and, more generally, all costs related to the death, will have to be borne by the family.
Appointment of a funeral director
If the deceased had no insurance, the next of kin should appoint a local or international funeral director.
If it is decided to repatriate the deceased to his or her country of origin, the next of kin should only appoint an international funeral director. If it is decided to organise a funeral or cremation in Cambodia, the funeral director can usually take care of it.
Do I need to register the death and obtain a death certificate?
The death of the deceased must be registered with the local authorities in Cambodia. A (local) death certificate can be issued by the authorities on request and can be obtained from the designated funeral director in Cambodia. As mentioned above, these documents should not be expected to be complete and detailed.
Next of kin / relatives will usually need to produce identification documents for themselves and the deceased (full name, passport number, date of birth, etc.) which will be forwarded to the Embassy so that additional documents can be issued. Once this is done, the funeral director will proceed to the next step, which is to obtain the death certificate and which will be issued in Khmer.
Are mortuary facilities available in Cambodia?
Mortuary facilities are available in Cambodia, but their number is limited (2 in Phnom Penh, 1 in Siem Reap) and they lack quality.
Cambodian law does not stipulate how long a body should be kept, but given the high costs (USD 40-150 per day), it is imperative that a decision on the body be made without delay.
In addition, under certain circumstances, the authorities may carry out a local cremation for public health reasons within 24 hours of death.
Burial, cremation or repatriation?
These are the three options from which relatives should choose for the remains. It should be noted that Cambodia being a Buddhist country, it may be difficult to arrange a local burial, as burials are very rare and repatriation may be very expensive if the deceased did not have insurance. In some cases, repatriation is not even possible.
In this regard, traditional local cremations are the most common way of dealing with the remains.
Please note that Cambodian law requires a death certificate and a “cremation permit” issued by the Ministry of Health for this ceremony to take place.
Return of personal belongings
Real and personal property is usually returned to the next of kin without any formalities or according to the will of the deceased and local laws (Book Eight of the Civil Code – “Succession”). Personal effects that need to be returned to the country of origin of the deceased can be sent through the relatives or the funeral director. In all cases, it should be borne in mind that the return of personal effects requires careful planning and costing.
How can our experts help?
Our experts at Belaws are on hand to answer any questions you may have regarding wills and death procedures in Cambodia. Our experts can help you ensure that your will is properly drafted to avoid any legal difficulties in the future.
To find out more about our family law services, why not book a consultation with one of our experts.
Please note that this article is for information purposes only and does not constitute legal advice.
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