ក្រមរដ្ឋប្បវេណី (គន្ថីទី៨)

(1) Succession shall initiate upon the death of the decedent. (2) Succession shall be carried out in accordance with the provisions of law or the wishes of the decedent. Succession in accordance with the provisions of law shall be referred to as Statutory Succession, and succession in accordance with the wishes of the decedent as Testamentary Succession.

Succession shall initiate at the Permanent Residence of the decedent at the time of death.

(1) Upon the commencement of a succession, the Successor shall succeed to all of the rights and Obligations pertaining to the property of the decedent. This shall not apply for such property that is entirely personal to the decedent. (2) Should there be a person who should succeed to ownership of ceremonial implements, graves and movable ancestral heirlooms, such as a person who was designated by the decedent to preside over the rites for the ancestors, such person shall succeed to said ownership. Should there be no such designation by the decedent, the person who by custom should succeed to the ownership of those items such as the person to preside over such rites for ancestors shall succeed to the said ownership. Should no such custom be apparent, the court shall determine the Successor to the said ownership.

(1) Should there be more than one Successor, each co-successor shall succeed to the rights and Obligations of the decedent in proportion to their share in the succession. This provided that the rights and Obligations that by their nature cannot be partitioned shall be succeeded to without portioning. (2) Co-successors shall be joint owners of the succession property.

(1) Only persons who are alive at the time of the commencement of succession and also do not fall under any provision of Article 1150 17 In this translation, the term of succession property refer to any part or the whole of the property rights, including both positive and negative assets, that belong to the decedent at the time of the commencement of the succession. The translator avoided the use of the term estate since under the provisions of this Code property passes directly to the Successors and there is no intermediate estate, as seems to be the case in Anglo-American jurisdictions. (Persons disqualified from succession) through Article 1152 (Disinheritance by will) shall be eligible for succession. (2) Notwithstanding the provisions of paragraph (1), paragraphs (2) and (3) of Article 9 (Fetus) shall apply to any fetus.

Persons described below shall not become Successors or acquire property under a will: a. Any person who has been sentenced to punishment, whether being involved directly or indirectly, for having intentionally caused or attempted to cause the death of the decedent or of any person who has prior or equal rank in the succession; b. Any person who, knowing that the decedent has been murdered, fails to lodge an accusation or complaint. This shall not apply in cases where such person lacks the capacity to discern right from wrong, or where the murderer is the spouse or lineal relative by consanguity of such person; c. Any person who has by fraud or duress, prevented the decedent from making, rescinding or altering a will relating to the succession; d. Any person who has by fraud or duress, induced the decedent to make, rescind or alter a will relating to the succession; or e. Any person who has forged, altered, destroyed or concealed a will of the decedent relating to the succession.

(1) Should a presumptive Successor with a legally secured portion engage in any of the following conduct, a decedent may apply to the court for the disinheritance of such presumptive Successor. The intention to disinherit may also be declared via will: a. Cruelty towards the decedent; b. Treating the decedent with great contempt; c. Failing to care for the decedent when the decedent was sick, despite being able to do so; d. Being found guilty of a crime that is subject to life imprisonment; e. Engaging in other egregious misconduct. (2) A presumptive Successor against whom disinheritance is sought may contest the existence of the grounds of disinheritance before the court described in paragraph (1).

Should the decedent have made a will described in Article 1151 (Disinheritance of Successor), the executor of the will shall apply to the court for disinheritance without delay after the will comes into effect. In such case the disinheritance shall have effect retroactive to the time of death of the decedent.

Should a person disqualified from succession or from acquiring property by will under Article 1150 (Persons disqualified from succession) or who has been disinherited under Article 1151 (Disinheritance of Successor) or Article 1152 (Disinheritance by will) possess any of the succession property, such person shall be deemed to be a possessor in bad faith as from the time of the commencement of the succession.

(1) The decedent may apply to the court at any time for the rescission of the disinheritance of a presumed Successor. (2) The provisions of Article 1152 (Disinheritance by will) shall apply mutatis mutandis to a rescission of disinheritance.

(1) Should the Successor or person acquiring property under a will not hold Cambodian nationality, such person shall be unable neither to succeed to land nor to acquire land by testamentary gift. (2) Should one or more co-successors not hold Cambodian nationality, the succession of property shall be partitioned in consideration of paragraph (1). (3) Should none of the co-successors with prior rank in the succession hold Cambodian nationality, land included in the succession property shall constitute a juristic person, and all co-successors with prior rank shall jointly carry out the management and disposition thereof. (4) Should all of the co-successors with prior rank in the succession effect absolute or qualified acceptance and, within three months after such acceptance, have sold the land as the person with the authority to dispose the succession property as described in paragraph (3), the sales proceeds thereof shall form the succession property, and the succession property juristic person as described in paragraph (3) shall be dissolved thereby. (5) Should all of the co-successors with prior rank in the succession not jointly sell the land pursuant to the provisions of paragraph (4) within three months following their effecting the absolute or qualified acceptance, the ownership of the land shall be succeeded to by Successors with next rank in the succession who hold Cambodian nationality. In such a case, the succession property juristic person shall be deemed to never have existed.

(1) Children of the decedent shall be Successors of first rank. (2) Children of the decedent shall have equal shares of the succession regardless of whether they are natural or adopted.

(1) Should a child of the decedent die prior to the commencement of succession, or lose the right to succession due to the provisions of Article 1150 (Persons disqualified from succession) or due to disinheritance, the children of such person become Successors by virtue of succession by representation. This provided that such shall not apply to persons who are not lineal descendants of the decedent. (2) The provisions of paragraph (1) shall apply in turn to Successors by representation to whom any grounds under the paragraph apply.

The share of a lineal descendant who becomes a Successor under Article 1157 (Succession by representation) shall be equal to the share that the lineal ascendant of such descendant would have received. Should there be more than one lineal descendant, they shall each succeed in equal shares to the share that their lineal ascendant would have received.

(1) Should there be no lineal descendant to become a Successor to the decedent, the decedent's lineal ascendant(s) shall become the Successor(s). This provided that as between persons standing in different degrees of relationship, the person in the nearer degree of relationship shall be preferred. (2) Should there be more than one lineal ascendant to become Successors, they shall succeed in equal shares.

(1) Should there exist neither lineal descendants nor lineal ascendants to become Successors of the decedent, the sibling(s) of the decedent shall become Successors. (2) Should there be more than one sibling, they shall succeed in equal shares. This provided that the share of a sibling who has only one parent in common with the decedent shall be half the share of a sibling who has both parents in common with the decedent. (3) The provisions of paragraph (1) of Article 1157 (Succession by representation) and Article 1158 (Succession shares in case of succession by representation) shall apply mutatis mutandis to cases where siblings of the decedent, who should become Successors pursuant to paragraphs (1) and (2), die prior to the commencement of the succession.

(1) The spouse of the decedent shall become a Successor in all cases. (2) Should a person other than the spouse of the decedent become a Successor under the provisions of Section I in addition to the spouse, the spouse shall rank equally with such other person.

The shares of the Successors shall be as follows should there be other Successors in addition to the spouse: a. If the Successors are the spouse and lineal descendants, the spouse and each of the descendants shall succeed in equal shares; b. If the Successors are the spouse and the decedent's parents, the spouse shall succeed to a one-third share and the parents to a two-thirds share. This provided that should only one of the parents of the decedent still be living, such parent and the spouse shall succeed in equal shares. c. Should the Successors be the spouse and lineal ascendants other than the decedent's parents or siblings or their Successors by representation, the spouse shall succeed a one-half share of the decedent’s property and the lineal ascendants other than the decedent's parents or siblings or their Successors by representation shall succeed to a one-half share.

(1) Should any of the co-successors have received from the decedent prior to the decedent's death any gift on the occasion of marriage or other event, or as capital for livelihood, or has received a testamentary gift from the decedent, the value of the property owned by the decedent upon the commencement of the succession plus the value of the gift shall be deemed to be the total succession property, and such person's share of the succession shall be the balance after deducting the value of such gift or testamentary gift from the share calculated in accordance with the provisions of Sections I and II. (2) Should the value of the gift or testamentary gift equal or exceed the value of the share in the succession, such co-successor shall not receive such share.

Should the property received by way of gift described in Article 1163 (Share of person receiving special benefit) have been disposed of by the donee or has been destroyed or lost prior to the commencement of the succession, the value shall be calculated according to the value at the time of such disposition, destruction or loss. Should the value have changed as a result of the donee’s alteration to any part of such property, its value shall be calculated as if it were in the original condition at the time of commencement of the succession. Any interest received or profit realized by a Successor who has received a gift shall not be included in the calculation of the gift’s value.

(1) Even should the value of the gift or testamentary gift received by a co-successor exceed the value of such Successor's share of the succession, except where there is a claim of abatement for legally a secured portion, the Successor shall not be required to return the property forming the subject matter of the gift for the benefit of the other co-Successors. (2) In cases set forth under paragraph (1), the actual amount that each of the other Successors is entitled to receive in the succession shall be the amount allotted or distributed as a result of the partition of the succession property owned by the decedent upon the commencement of the succession in accordance with the ratio of the succession share of each co-successor set forth in paragraph (1) of Article 1163 (Share of person receiving special benefit).

(1) Should any of the co-successors have made a special contribution to the maintenance or increase of the decedent's property by offering labor or property to the decedent's business, providing nursing services or in some other form, the succession property owned by the decedent at the time of the commencement of the succession less the amount of the Successor's contribution as aforesaid as determined upon consultation by the co-Successors shall be deemed to be the succession property, and the share for such Successor shall be the sum of the share calculated in accordance with the provisions of Sections I and II and the amount of said contribution. (2) Should a determination under paragraph (1) not be rendered or should consultation be unable to be held between the co-successors, then on application by the person who made the contribution described in the said paragraph, the court shall determine such contribution, taking into account the timing, mode and extent of the contribution, the amount of the succession property and all other circumstances. (3) The contribution shall not exceed the value of the succession property owned by the decedent at the time of the initiation of the succession less the amount of the testamentary gift and the value of the property designated by the decedent as the share for the co-successor or as the method for the partitioning of the succession property. (4) The application under paragraph (2) may be done, in cases where there is application under paragraph (1) of Article 1270 (Partition by the court) or the filing of a complaint under Article 1274 (Demand by person who was acknowledged after partition).

Adjustment of succession shares pursuant to the provisions of Section III shall not be held against a third party unless the requirements of perfection are fulfilled with respect to the results of the partitioning of the succession property in accordance with said adjustment.

(1) Persons who have attained the age of majority and minors who have been released from guardianship or parental authority may create a will. (2) The provisions of Article 26 (Right to rescind acts) and Article 30 (Right to rescind act) shall not apply to wills.

(1) At the time of creating a will, the testator must have the capacity to create such an instrument. (2) A person asserting a defect in the testator's capacity must prove such. This provided that such shall not apply in cases described in Article 1176 (Making of will by General Ward).

(1) Wills may not be made except in accordance with the forms prescribed in this Code. (2) Wills that do not conform to those prescribed in this Code shall be null and void. This provided that an undated will shall be valid if, and only if, another will made by the same testator does not conflict with the first mentioned will. Any undated wills that contradict each other shall each be rendered null and void to the extent of the contradiction.

A will that conforms to any form prescribed by this Code shall be valid with regard to its form.

None of the persons described below can be a witness or observer to the creation of a will: a) b) c) Minors or persons under general guardianship; Presumptive Successors or testamentary donees or their spouses or lineal relatives by consanguity; or In a case where a notary participates in the making of a will by notarial document or secret document, the spouse, lineal relatives by consanguity, clerks and employees of the notary.

(1) In order to create a will through a notarial document, a testator shall carry out the formalities prescribed in paragraph (2) in the presence of a notary. (2) A will via notarial document shall comply with the following formalities: a. Two or more witnesses shall be present; b. The testator shall orally declare the tenor of the will to the notary; c. The notary shall write out the contents of the testator's will and read such aloud to the testator and the witnesses; d. Upon acknowledging that the contents of the written document are correct, the testator and the witnesses shall each note their name, age and address and affix a signature to the document. This provided that if the testator is unable to write or sign, the notary shall note the above matters and sign in lieu of the testator and make an additional note of the reason for so doing; and e. The notary shall date and sign the document.

(1) In order to create a privately produced will, the testator shall write the entire text of the will and date thereof in his/her own hand, and affixes his/her signature to it. A privately produced will written by a person other than the Testator or using a typewriter or other machine shall be null and void. (2) Any addition or other alteration of a privately produced will shall be null and void unless the testator indicates the place thereof, makes an additional entry that an alteration has been made, and specifically signs such entry.

In order to create a will by secret document, the following formalities shall be complied with: a. The testator shall sign the document; b. The testator shall complete the document and sign or initial the place of completion or take such other measures as to enables a judgment to be made as to whether the closure has been opened; c. The testator shall produce the sealed document before a notary and at least two witnesses, and declare that it is his/her testamentary document and, if it was written by a person other than the testator, the name and address of such person; and d. After the notary has written on the cover of the sealed document the date of the production of the document and the declaration of the testator, the notary, the testator and the witnesses shall affix their signatures thereon.

(1) At least two medical practitioners shall be present for a General Ward to create a will while he/she has temporarily recovered the ability to recognize and understand the legal consequences of his/her actions,. (2) The medical practitioners present at the creation of a will must make a separate entry on the testamentary document to the effect that the testator was of sound mind and capacity to recognize and understand the legal consequences of his/her actions and was not of mental illness or disability at the time of creating the will, and shall affix a statement that they are medical practitioners and their signatures thereto.

(1) Should a person in imminent danger of death from disease or other cause wish to create a will, he/she may do so in the presence of at least three witnesses by orally declaring its tenor to one of them. In such case the person to whom the oral declaration is made shall write the testament down, and read the testament aloud or submit the document for verification by the other witnesses, and each witness shall sign the document after confirming its accuracy. (2) A will made pursuant to the provisions of paragraph (1) shall invalid unless, within one month from the date on which the will was made, one of the witnesses or an interested person applies to the court and obtains confirmation thereof. (3) The court shall not confirm a will unless convinced that it represents the true intentions of the testator.

(1) A person confined in quarantine by court judgment or administrative order may create a will in the presence of a police officer or official of the place of quarantine together with at least two witnesses. (2) A person on board a ship or plane may create a will in the presence of the ship's or the plane’s master or one of the ship's or the plane’s clerks together with at least two witnesses. (3) In order to create a will pursuant to the provisions of paragraphs (1) or (2), the testator make an oral declaration to the police officer, the official of the place of quarantine, the ship's or the plane’s master or the ship's or the plane’s clerk. (4) In cases under paragraph (3), the provisions of items (b) through (e) of paragraph (2) of Article 1173 (Will by notarial document) shall apply mutatis mutandis. For the application of these provisions, all references to Notary shall be replaced by that of police officer, official of the place of quarantine, the ship's or the plane’s master or the ship's or the plane’s clerk, respectively. (5) A will made pursuant to the provisions of paragraphs (1) through (4) shall be null and void should the testator survive for a period of 6 months from the time when, after his/her release from the place of the quarantine, or his/her disembarking from the ship or plane, he/she becomes able to make a will in accordance with the formalities set forth in Article 1173 (Will by notarial document) through Article 1175 (Will by secret document).

(1) In order for a person who is unable to speak to make a will pursuant to the formalities set forth in Article 1173 (Will by notarial document), Article 1175 (Will by secret document) or Article 1177 (Will of a person in imminent danger of death), the testator may declare through an interpreter the tenor of the will or a statement that the testamentary document is his/her own will, or may write any of the foregoing in his/her own hand, before a notary or witnesses, in place of making an oral declaration him/herself. (2) Should, after noting the tenor of the will, the notary or other person prescribed by this Code read aloud the contents thereof to the testator and the witnesses, if the testator or any witness is deaf, the communication of the written contents to the testator or witness may be effected through an interpreter in lieu of reading the contents aloud. (3) A notary or other person prescribed by this Code shall note the actions taken in any case described in paragraphs (1) and (2) on the document.

Should it be required for a notary or witness to affix his/her signature, a notary or witness may make an entry of his/her name together with his/her thumbprint affixed with it in lieu of a signature.

Should a Cambodian national who is a resident in a country where a Cambodian Consul is stationed wish to make a will by notarial document or secret document, the functions of a notary shall be performed via such Consul.

(1) A decedent may via will designate the succession shares of the co-successors and express an intention contrary to the provisions of Article 1163 (Share of person receiving special benefit) relating to the succession share of a person receiving special benefit. This provided that any designation of a share that infringes any legally secured portion shall be subject to the provisions governing legally secured portions. (2) Should the decedent designate the shares of only one or more of the co-Successors, the shares of the other co-Successors shall be determined in accordance with the provisions of Section III of Chapter Two.

A decedent may, via will, determine or commission a third party to determine the manner for partitioning the succession property, or forbid partitioning for a period not exceeding five years from the time of the commencement of succession.

Subject to complying with the provisions governing legally secured portions, the testator, may via will, give the whole or any part of his/her property pursuant to the methods set forth in Article 1199 (Definition of testamentary gift).

(1) Should the decedent have made a will purporting to transfer one or more items of specified property to one Successor or to co-successors, then, except in cases that involve a clear intention to make a testamentary gift including testamentary gift with a charge, the testator shall be presumed to have designated the manner of partitioning the succession property, and if the value of the specified property that is subject to such designation exceeds the share in the succession of that of the Successor(s), the testator shall also be presumed to have made a designation of share(s) in the succession. (2) Should the decedent have created a will concerning only a portion of the succession property, and the value of such portion is less than the share of the Successor who has become eligible to receive such portion, the testator shall be presumed to have declared no more than to have designated the manner of partition of the property that should belong to that Successor.

A decedent may, via will, designate or commission a third party to designate one or more executors of the will.

In addition to the matters prescribed in this Code, a testator may include in his/her will opinions aimed at the harmony of the family and other matters. In such a case, the Successors shall honor the will.

A testator may at any time rescind his/her will in whole or part in accordance with the provisions of Section IV.

(1) The whole or part of a will may be rescinded using the form of a will. (2) In the event of discrepancies between an earlier and a subsequent will, the subsequent will shall be deemed to have rescinded the earlier will in respect to the conflicting portions.

An inter vivos transfer or other disposition pertaining to the subject matter of a will shall be deemed to be a revocation of such will in respect to the portion that is inconsistent with the will.

Should a testator intentionally destroy the original of a testamentary document, he/she shall be deemed to have rescinded the will in respect to the destroyed portion. The same shall apply to intentional destruction of the Object under the will.

A testator shall not be able to waive the right to revoke his/her will.

Should a testamentary donee not perform an Obligation that has been imposed by the testator in exchange for a testamentary gift, the executor of the will, or in the absence of an executor, the Successor, may give notice of a reasonable time for performance, and, should performance not occur within such period, may apply to the court for revocation of such testamentary gift.

(1) A will shall become effective upon the death of the testator. (2) Should, in the case where a will is subject to a condition precedent, the condition be fulfilled following the death of the testator, the will shall become effective upon the fulfillment of said condition.

(1) Should the decedent have made a designation of the Successors’ shares in the succession or the manner for partitioning the succession property by declaring the intention in a will to transfer one or more items of specified property to one or more co-successors, such specified property shall automatically devolve upon the Successor(s) to whom it should belong upon the coming into effect of the will. (2) Should the will have been made subject to a condition precedent and such condition is fulfilled following the death of the decedent, the property described in paragraph (1) shall be deemed to belong to the Successor to whom it should belong retroactive to the time of death of the decedent.

(1) Should, if the decedent have by will made a designation of the Successors' shares or of the manner of partitioning the succession property, a presumed Successor die before the initiating of the succession, come to fall under the provisions of Article 1150 (Persons disqualified from succession) or lose the right of succession on account of being disinherited, said designation shall be deemed to have been made in respect to any Successor by representation of such presumed Successor. (2) In cases set forth in paragraph (1), should there be no Successor by representation of the presumed Successor, the designation of such presumed Successor shall have no effect. The same shall apply should a Successor waive succession. (3) Notwithstanding the provisions of paragraphs (1) and (2), should the decedent have expressed an differing intention in the will, such intention shall prevail.

(1) Should, prior to the accounts of a general guardianship having been terminated, a General Ward make a will under which the general guardian, the spouse of the general guardian or any lineal descendant of the general guardian is to benefit, such will shall be void. (2) The provisions of paragraph (1) shall not apply in cases where a lineal relative by consanguity, the spouse or a sibling of the General Ward is the general guardian.

Should a testamentary gift not take effect due to the disqualification or death of the testamentary donee or other reason, or not take effect by reason of renunciation, whatever property the testamentary donee would have received shall devolve to the Successors. This provided that should the testator have declared a different intention in his/her will, such intention shall prevail.

A Universal Testamentary Gift shall refer to a testator giving via will the entire of the succession property or any part thereof designated by a certain ratio to one or more persons, and a Specific Testamentary Gift shall refer to a testator gives via will a specified property to one or more persons.

(1) A testamentary gift shall be null and void should the testamentary donee die on or before the death of the decedent. The same shall apply should the testamentary gift be subjected to a condition precedent and the testamentary donee die prior to the fulfillment of such condition. (2) Notwithstanding the provisions of paragraph (1), should the testator have declared a different intention in his/her will, such intention shall prevail. (3) Should a presumed Successor be the testamentary donee, the provisions of paragraph (1) shall not preclude the application of the provisions of paragraph (1) of Article 1196 (Death of presumed Successor).

(1) A testamentary donee may effect a renunciation of a testamentary gift at any time after the death of the decedent. This provided that, in case of a universal testamentary gift, a renunciation shall be effected in compliance with the provisions regarding renunciation of succession. (2) A renunciation of a testamentary gift shall have effect retroactive to the death of the decedent.

A person entrusted with a testamentary gift or other interested person may give notice to the testamentary donee to effect either acceptance or renunciation of the testamentary gift within a reasonable period fixed by such notice. Should the testamentary donee not declare his/her intention to the person charged with the testamentary gift within said period, the testamentary donee shall be deemed to have accepted the testamentary gift.

Should a testamentary donee die without effecting either an acceptance or a renunciation of the testamentary gift, his/her Successor may effect an acceptance or renunciation within the scope of his/her own right of succession. This provided that should the testator have declared a different intention in his/her will, such intention shall prevail.

(1) Acceptance or renunciation of a testamentary gift shall not be able to be rescinded. (2) The provisions of paragraph (2) of Article 1252 (Rescission of acceptance or renunciation) shall apply mutatis mutandis to the rescission of the acceptance or renunciation of a testamentary gift.

Successor (1) Should a testamentary donee who is also a Successor renounce a succession, he/she shall be deemed to have also renounced the testamentary gift. A testamentary donee cannot at the same time renounce succession and accept a testamentary gift. (2) A testamentary donee described in paragraph (1) can, however, accept the succession and renounce a specific testamentary gift.

A testamentary donee shall acquire the fruits from such time as the performance or delivery of the testamentary gift is able to be demanded. This provided that should the testator have declared a different intention in his/her will, such intention shall prevail.

A testamentary gift shall not take effect should the rights subject thereto not be included in the succession property at the time of the death of the testator.

Should the Object or right constituting the Object of a testamentary gift be the subject-matter of a right belonging to a third party at the time of the death of the testator, the testamentary donee may not demand of the person charged with the testamentary gift that such right be extinguished.

(1) Should a testator have a right to claim compensation from a third party due to the destruction, loss or alteration of the Object of the testamentary gift or the loss of possession thereof, such right shall be presumed to have been made the Object of the testamentary gift. (2) Should an Object constituting the Object of a testamentary gift have been attached to or mixed or consolidated with another Object, if the testator has become the sole owner or a joint owner of the composite Object in accordance with the provisions of Article 186 (Affixture of a movable to an immovable) or Article 198 (Attachment, mixture, consolidation of movables), the testator shall be presumed to have made the whole ownership or joint ownership of the composite Object the subject matter of the testamentary gift.

(1) Should a claim have been included as an Object of a testamentary gift, if the testator has received performance of such claim and any Object that was so received still remains part of the succession property, such Object shall be presumed to have been the Object of the testamentary gift. (2) In the case of a monetary claim, to the extent that: [i] the amount of money that remains part of the succession property; together with, [ii] the balance of the account in which the payment of such monetary claim was deposited; these amounts of money shall be presumed to have been the Objects of the testamentary gift.

(1) A person who has received a testamentary gift subject to a charge shall be liable to perform the Obligation that he/she has assumed only to the extent of the value of the Object of the testamentary gift. (2) Should the value of the Object of a testamentary gift subject to a charge be reduced by reason of a qualified acceptance of the succession or a demand for abatement of a legally secured portion, the testamentary donee shall, in proportion to such reduction, be relieved of the Obligation that he/she has assumed. This provided that should the testator have declared a different intention in his/her will, such intention shall prevail.

(1) A universal testamentary donee has the same rights and duties as a Successor. (2) Should a Universal Testamentary Gift have been made to a person other than a Successor, the Successor or Successors shall be deemed to have not succeeded, except to rights over legally secured portions.

(1) Upon becoming aware of the initiating of the succession, the custodian of a testamentary document must without delay present it to the court and apply for probate thereof. Should there be no custodian of the testamentary document, the same shall apply upon discovery of the document by a Successor or other interested person. (2) The provisions of paragraph (1) shall not apply to a will made through notarized document. (3) A sealed testamentary document shall not be opened except by the court and in the presence of the Successors, interested parties or their representative. (4) A person who has opened a sealed testamentary document outside the court in breach of the provisions of paragraph (3) shall be incur a civil fine of no more than one million (1,000,000) riel. (5) A testamentary document that has been opened outside of the court in breach of the provisions of paragraph (3) shall not be invalidated on such account.

(1) A person who has been commissioned by the testator in his/her will to appoint executors shall without delay effect such appointment and give notice thereof to the Successors. (2) Should a person commissioned to appoint executors under paragraph (1) desire to decline such commission, he/she shall without delay give notice to such effect to the Successors.

An executor who has agreed to assume the office must at once take up upon his/her duties thereof.

(1) A Successor or other interested person may give notice to a person appointed as an executor demanding that he/she give a definite answer within a reasonable period fixed by such notice as to whether he/she agrees to assume the office. Should such person fail to give a definite answer to the Successor within such period, he/she shall be deemed to have declined to assume the office. (2) The first sentence of paragraph (1) shall apply mutatis mutandis to cases where a third party commissioned to appoint an executor does not promptly effect such appointment. In such case, should the third party not appoint an executor within the fixed period, he/she shall be deemed to have declined the commission.

A General Ward, person under curatorship, minor or dissolvent person shall not become an executor.

Should there exist no executor or none remains, the court may appoint an executor upon the application of a Successor or any interested party.

(1) The executor must, without delay, prepare an inventory of the succession property and deliver it to the Successors. (2) The Successors shall have the right to be present at the preparation of the inventory by the executor.

The executor shall have the right and duty to manage the succession property and to perform all other acts necessary for the execution of the will.

(1) Should there be an executor, the Successors shall not in any way dispose of the succession property or do any other act that would obstruct the execution of the will. (2) Any disposition in breach of paragraph (1) shall have no effect.

Should the will relate to specific property, the provisions of Article 1219 (Preparation of inventory of property) through Article 1221 (Forfeiture of Successors’ right to dispose of succession property) shall apply to such property only.

(1) The executor shall act in his/her own name in respect to any of the succession property that is subject to execution. (2) The effect of any act of the executor performed as part of the duties of the executor shall extend to the Successors directly.

(1) An executor shall not procure a third party to perform his/her duties except for unavoidable reasons. This provided that should the testator have declared a contrary intention in the will, such intention shall prevail. (2) Should the executor procure the performance of his/her duties by a third party in accordance with paragraph (1), the executor shall be liable to the testamentary donee and the Successors for the selection and supervision of such third party. Should the executor procure the performance of his/her duties by a third party in breach of paragraph (1), the executor must compensate the testamentary donee and the executors for any loss incurred as a result thereof.

(1) Should there be two or more executors, the conducting of their duties shall be determined by a majority vote. This provided, however, that should the testator have declared a different intention in his/her will, such intention shall prevail. (2) Notwithstanding the provisions of paragraph (1), each executor is entitled to effect acts of preservation.

(1) The executor shall be entitled to receive the remuneration set forth in the will. (2) Should there be remuneration set forth in the will, the court, upon petition by the executor, may prescribe the amount of remuneration should it finds it appropriate for remuneration to be paid, with consideration of the conditions of the succession property, the relationship between the testator and the executor and other circumstances.

(1) Should reasonable ground exist, an executor may resign from his office with the leave of the court. (2) Should an executor neglect his/her duties or other reasonable ground exists, an interested person may apply to the court for the removal of such executor.

The expenses for the execution of a will shall be borne by the succession property. This provided that no legally secured portion can be diminished thereby.

The provisions governing mandates shall apply to the duties of an executor to the extent that said provisions do not conflict with the nature of the duties of an executor.

(1) Lineal descendants, the parents or the grand parents and the spouse of the decedent shall be entitled to receive as their legally secured portion the property described below: a) One-third of the decedent’s property, if only the parents or the grand parents are the Successors; b) One-half of the decedent’s property, in other cases. (2) Should there be two or more Successors, the co-successors shall each receive the legally secured portion in proportion to their share in the succession. (3) The provisions of Articles 1157 (Succession by representation) and 1158Succession shares in case of succession by representation shall apply mutatis mutandis to legally secured portions.

(1) Legally secured portions shall be calculated by adding to the value of the property which the decedent had at the opening of the succession the value of any special benefit as described in Article 1163 (Share of person receiving special benefit) together with the value of any property gifted by the decedent as described in Article 1232 (Gifts that are the basis for the calculation of legally secured portions), and subtracting therefrom the total amount of the Obligations. (2) The value of a conditional right or a right of uncertain duration shall be determined in accordance with the appraisal of an expert appointed by the court. (3) Obligations described in paragraph (1) shall include funeral expenses appropriate to the decedent’s status.

(1) The gifts described below shall be the basis for the calculation of legally secured portions. This provided that special benefits under Article 1163 (Share of person receiving special benefit) shall be excluded: a. Gifts made within one year prior to the initiating of the succession; and b. Gifts other than gifts described in item (a) above should both parties have been aware that loss would be caused to a person entitled to a legally secured portion. (2) In the application of Chapter Four, a gratuitous release of Obligations shall be deemed as gift.

Testamentary gifts, designations of shares in a succession by will, special benefits and gifts described in Article 1232 (Gifts that are the basis for the calculation of legally secured portions) shall be subject to abatement for legally secured portion(s). This provided that if a testamentary gift, designation of a share in a succession or special benefit to a Successor is subject to abatement for a legally secured portion, such abatement shall be limited to the amount exceeds the legally secured portion of such Successor.

The amount which a person entitled to a legally secured portion may claim as abatement shall be the amount calculated by deducting from the amount of the legally secured portion the total amount obtained by that person through succession together with the value of any special benefit, and adding thereto the amount of Obligations in the succession to be borne by that person.

A person entitled to a legally secured portion and his/her Successor may demand abatement of a testamentary gift against a person who has obtained property or a benefit that is subject to abatement for a legally secured portion, to the extent necessary in order to preserve such legally secured portion.

Gifts inter vivos and special benefits shall not be abated until after testamentary gifts and designations of shares in a succession have been abated.

(1) First, testamentary gifts to Successors and designations of shares in the succession shall be simultaneously abated, and if there is any deficit, testamentary gifts to persons who are not Successors shall be abated. (2) Testamentary gifts shall abate in proportion to the value of their Objects. The same shall apply in the case of designation of shares in a succession via transfer of one or more specified items of property. This provided that should a testamentary gift or designation of share in the succession to a Successor be subject to abatement, the value of the Object shall be deemed to be that portion which exceeds the amount of the legally secured portion of such Successor. (3) Designations of shares in a succession at a certain ratio shall be abated by changing such ratio of shares. (4) Notwithstanding the provisions of paragraphs (1), (2) and (3), if the testator has declared a different intention in his/her will, such intention such prevail.

(1) Abatement of gifts or special benefits shall commence with the most recent and extend in successive order to the earliest. (2) Should the gift or special benefit have been granted 20 years or more prior to the initiating of the succession, the donee or Successor who received the special benefit shall be entitled to reject the claim of abatement for the legally secured portion.

In addition to the property or money to be returned, a co-successor, a testamentary donee or donee must also return the fruits of such property or money as from the day on which the claim for abatement was made.

Any loss arising from the insolvency of a co-successor, testamentary donee or donee subject to abatement shall be borne by the persons entitled to the legally secured portions.

In the case of a gift subject to a fee, abatement may be claimed in respect to the value of the Object less that of the fee.

(1) A contract concluded for an inadequate consideration shall be deemed to be a gift only should both parties to such contract have acted with knowledge that loss would be caused to a person with a legally secured portion. In such case, the person entitled to a legally secured portion who claims abatement must repay the consideration. (2) The provisions of paragraph (1) shall apply mutatis mutandis to a release of Obligations due to inadequate consideration.

(1) Should a co-successor, testamentary donee or donee have assigned the Object of the gift to another person, such assignor shall compensate the person entitled to a legally secured portion to the extent of the value thereof at the time of such assignment. This provided that should, at the time of the assignment, the assignee have known that loss would be caused to the person entitled to a legally secured portion, the latter may also claim abatement against the assignee. (2) The provisions of paragraph (1) shall also apply mutatis mutandis to cases where a co-successor, testamentary donee or donee have created rights over the Object of a gift.

(1) A co-successor, testamentary donee or donee may relieve himself of the duty of restoration by paying to the person entitled to a legally secured portion the value of the Object(s) of the designated share, testamentary gift or gift to the extent that such share is to abate. (2) The provisions of paragraph (1) shall apply mutatis mutandis to the case described in the provisions to paragraph (1) of Article 1243 (Abatement of gift assigned to another person).

A right to claim abatement shall be extinguished by prescription should one year have lapsed, beginning from the time when the person entitled to a legally secured portion becomes aware that the succession has initiated and that a designation of share in succession, testamentary gift, gift or special benefit has been granted. A right to claim abatement shall also be extinguished by prescription under any circumstances should 5 years have lapsed since the initiating of the succession.

A legally secured portion may be renounced in whole or part. This provided that such renunciation effected prior to the initiation of the succession shall be effective only if the approval of the court has been obtained.

Neither the extinguishment of the legally secured portion of one co-successor by prescription nor the renunciation by one co-successor of his/her legally secured portion shall have effect upon the legally secured portion of any other co-successor.

(1) Within three months from becoming aware that a succession has initiated in his/her favor, a Successor must effect an acceptance, either absolute or qualified, or a renunciation thereof. This provided that such period may be extended by the court upon application by the Successor. (2) A Successor shall be entitled to inspect the succession property prior to effecting acceptance or renunciation thereof.

Successor Should a Successor die without effecting either acceptance or renunciation, the period described in paragraph (1) of Article 1248 (Period for acceptance or renunciation) shall be computed from the time when his/her Successor became aware that the succession had initiated in his/her favor.

Should the Successor be a minor or General Ward, the period described in paragraph (1) of Article 1248 (Period for acceptance or renunciation) shall be computed from the time that his/her legal representative becomes aware that the succession has initiated in favor of the minor or the General Ward.

(1) In cases where a decedent had owed massive debts which could not be repaid from the succession property, should a Successor be unable to be aware of the existence of those debts by taking into account the conditions of the life or the property of the decedent and other circumstances, the period described in paragraph (1) of Article 1248 (Period for acceptance or renunciation) shall be computed from the time that the Successor becomes aware of the existence of such debts. (2) In the case described in paragraph (1), should the Successor have disposed of any of the succession property to pay off other Obligations of the decedent prior to the time that he/she became aware of the existence of the debts described in paragraph (1), the provisions of paragraph (1) of Article 1255 (Statutory absolute acceptance) shall not apply.

(1) Acceptance and renunciation shall not be rescinded even within the period described in paragraph (1) of Article 1248 (Period for acceptance or renunciation). (2) The provisions of paragraph (1) shall not prevent the rescinding of an acceptance or renunciation on the grounds of defect in the Declaration of Intent. This provided that such right of rescission shall be extinguished should it not be exercised within six months from the time that it becomes possible to effect ratification. This shall also apply if not within five years from the time of the initiation of the succession. (3) A person who wishes to rescind a qualified acceptance or renunciation in accordance with paragraph (2) shall file a petition with the courts to such effect.

No assertion of a claim against the succession property may be made against a Successor prior to acceptance of the succession.

Upon effecting an absolute acceptance, the Successor shall succeed without limitation to the rights and duties of the decedent.

Under the circumstances set forth below, the Successor shall be deemed to have effected an absolute acceptance: a. Should the Successor have disposed of whole or part of the succession property. This provided that such shall not apply to acts of preservation or mere acts of management; b. Should the Successor fail to effect a qualified acceptance or a renunciation within the period prescribed in paragraph (1) of Article 1248 (Period for acceptance or renunciation); or c. Should, despite having effected a renunciation, the Successor have concealed or privately consumed a whole or part of the succession property. This provided that such shall not apply after an acceptance has been effected by a person who has become Successor due to renunciation by a Successor with prior rank.

(1) A Successor may effect an acceptance with the reservation that the Obligations and testamentary gifts of the decedent shall be performed only to the extent of the property acquired through the succession. (2) Should there be more than one Successor, qualified acceptance may be effected only by the joint act of all the co-successors.

Should a Successor desire to effect a qualified acceptance, he/she must prepare an inventory within the period prescribed in paragraph (1) of Article 1248 (Period for acceptance or renunciation) and submit such to the court with a declaration of qualified acceptance.

(1) Should a Successor effect a qualified acceptance, the succession creditors shall not be able to apply liability against the individual property of the Successor. (2) In cases described in paragraph (1), any rights and duties of the Successor vis-à-vis the decedent shall be deemed to not have been extinguished by virtue of merger.

(1) Should a single and sole Successor have effected a qualified acceptance, if such Successor in bad faith does not make an entry of the whole or part of the succession property in the inventory, or if grounds listed in items (a) through (c) of Article 1255 (Statutory absolute acceptance) apply to such Successor, it shall be deemed that the Successor has effected an absolute acceptance, and that the declaration of qualified acceptance take no effect in the first instance. (2) Should any grounds described in paragraph (1) apply to one or more co-successors who have effected a qualified acceptance, succession creditors may exercise their rights against the aforesaid co-successor(s) in proportion to their shares for the amount of claims that such creditors have been unable to receive payment for from the succession property.

A person who wishes to renounce a succession must file a motion to such effect with the court.

A person who has renounced succession shall be deemed to not have been a Successor ab initio in respect to such succession.

(1) The Successor in possession of the succession property at the time of the decedent’s death shall have custody and management of the succession property until the succession property is partitioned. This provided that such shall be subject to the provisions of Article 1263 (Custody by executor). (2) Prior to accepting or renouncing succession, the Successor shall manage the succession property with the same care as towards his/her own property. The same shall apply once a Successor renounces succession until the person who becomes a Successor by virtue of such renunciation is able to commence management of the succession property.

Should the executor of a will assume office, he/she shall manage the succession property. This provided that should the will only cover specific property, the executor shall manage such property alone.

(1) Should there be no executor to manage the whole inheritance, a Successor, legatee or creditor of the decedent may apply to the court for appointment of a temporary manager of the inheritance pending the partitioning of the inheritance. (2) Notwithstanding the provisions of Article 1253 (Prohibition of suit against Successor prior to acceptance) of this code, a temporary manager appointed under paragraph (1) shall be charged with any legal suits involving claims against the inheritance on behalf of the Successor by specifying the name of the decedent, pending acceptance by the Successor. (3) The provisions of paragraph (1) and (3) of Article 40 (Authority of administrator) of this code shall apply mutatis mutandis to a temporary manager.

Expenses relating to the succession property shall be paid out of the succession property. This provided that expenses arising through the negligence of a Successor shall be borne by such Successor.

(1) Co-successors may, at any time following the completion of one month from the initiating of the succession, commence a consultation on the partition of the succession property. This provided, however, that the change of the name of for any succession property as a result of the partition shall comply with the provisions of Article 1277 (Prohibition of transfer of ownership), and that, where the decedent has forbidden partitioning in his/her will, the partition shall not be carried out for the forbidden period. (2) The transfer of rights over Objects in a partition shall be executed in accordance with the required formalities such as documents for the respective rights.

(1) Should the manner of partitioning not be designated in the will, partitioning of succession property shall be carried out taking into consideration the type and nature of the Objects or rights constituting the succession property, the age, occupation, state of mind and body and living conditions of each Successor, and all other circumstances. (2) Should the value of any succession property be severely damaged by the act of partitioning, when considered reasonable, the succession property may be caused to devolve to one Successor, subject to the payment of compensation from the other Successors.

Should the spouse be a Successor and there is property acquired jointly by the spouse and the decedent during the marriage, the spouse shall have precedence over other co-successors to acquire the decedent’s share of such jointly owned property until the spouse attains his/her share in the succession.

Should the decedent have left debts, the co-successors shall effect partitioning, taking into account that such debts should be repaid and that the shares of liabilities for such debts shall not be altered without the consent of the creditors.

(1) Should no agreement be reached or consultation is unable to be held among the co-successors in the partitioning of the succession property, any co-successor may apply to the court for partitioning. (2) In effecting the partitioning, the court shall take into consideration the provisions of Article 1267 (Criteria of partition) through Article 1269 (Payment of debts and other liabilities of succession), together with the customs of the region and the views of the majority of Successors.

The court may sell any property and partition the proceeds of said property should the partitioning or ownership of which the co-Successors fail to reach an agreement on.

All compensation for loss, destruction or usurpation of or damage to the Objects of the succession property, and any Object acquired by a contract relating to the succession property on the basis of rights belonging to the succession property shall belong to the succession property.

(1) Partitioning of succession property shall be effective retroactive to the initiating of the succession. This provided that already registered or perfected rights of third parties shall not be infringed upon. (2) Each co-Successor shall receive a certificate of ownership for the property that has devolved to him.

Should a person who becomes a Successor as a result of being acknowledged after the death of the decedent demand of the partition of the succession property, if the other co-successors have already partitioned or otherwise disposed of the succession property, he/she shall only be entitled to demand of the distribution of the value thereof.

(1) Should the claims held by the decedent have been partitioned other than in the ratio of the statutory shares in succession, unless all of the co-Successors give notice to such effect to the debtors of such claims, or if the partitioning of the succession property has been carried out by a notarial document unless all the co-Successors show said debtors the notarial document or provide them with a copy thereof shall not be held up against such debtors. (2) Any payment made by a debtor of the decedent in accordance with the ratio of the statutory shares of succession to co-Successors prior to receiving a notice described in paragraph (1) may be held up against the Successors who have acquired the claim through the partitioning of the succession property.

In proportion to his/her share in the succession, each co-Successor shall bear the same liability for warranty as a seller vis-à-vis the other co-Successors.

Until the lapse of the period prescribed in paragraph (1) of Article 1248 (Period for acceptance or renunciation), neither the Successors nor the succession property administrator shall change the name of the owner of any succession property to any Successor or testamentary done. This provided that such prohibition shall not apply to a change of name that is necessary for the payment of the debts of the decedent.

Creditors of the decedent shall not enforce their rights against the personal property of a Successor until the lapse of the period prescribed in paragraph (1) of Article 1248 (Period for acceptance or renunciation).

Creditors of a Successor may not enforce their rights against the succession property until the lapse of the period prescribed in paragraph (1) of Article 1248 (Period for acceptance or renunciation).

A Successor effecting a qualified acceptance shall continue to manage the succession property with the care of a good manager.

(1) Within five days following execution of a qualified acceptance, the acceptor shall give public notice to all creditors of the decedent and to all testamentary donees that a qualified acceptance has been effected by such acceptor and that they are called upon to present their claims within a specified period, which shall be no than two months. (2) An additional statement shall be included in the notices under paragraph (1) that the claims of creditors who do not present their claims within such period shall be excluded from the liquidation. This provided that qualified acceptors shall not exclude creditors known to them. (3) A qualified acceptor shall give separate preemptory notice to each creditor known to the acceptor to present his/her claim.

A qualified acceptor may refuse perform vis-à-vis the creditors of the decedent and testamentary donees until the expiration of the period for public notice prescribed in paragraph (1) of Article 1281 (Public notice and peremptory notice).

Upon the expiration of the public notice period prescribed in paragraph (1) of Article 1281 (Public notice and peremptory notice), a qualified acceptor shall effect payment from the succession property to those creditors who have presented their claims within such period, in proportion to the amounts of their respective claims. This provided that the rights of creditors with priority rights shall not be harmed thereby.

(1) In accordance with the provisions of Article 1283 (Payment by distribution), a qualified acceptor shall effect payment even of claims that have not come due. (2) Conditional claims and claims of uncertain duration shall be paid in accordance with the appraisal of an expert appointed by the court.

A qualified acceptor may effect payment to testamentary donees only after effecting payment to each of the creditors in accordance with the provisions of Article 1283 (Payment by distribution) and Article 1284 (Performance of claims not yet due).

(1) Should it be necessary to sell the succession property in order to effect payment under Article 1283 (Payment by distribution) through Article 1285 (Payment to testamentary donees), the qualified acceptor shall offer such property for compulsory sale via auction or sell such property for no less than the price appraised by an expert appointed by the court. (2) The qualified acceptor, succession creditor or testamentary donee may be the purchaser in an auction or sale under paragraph (1).

(1) Should a qualified acceptor have neglected to give public or formal notice prescribed in Article 1281 (Public notice and peremptory notice), or has made payment to some creditors or testamentary donees within the notice period prescribed in paragraph (1) of said Article and consequently has become unable to make payment to other creditors or other testamentary donees, he/she shall be liable to compensate for any damages arising therefrom. (2) The provisions of paragraph (1) shall not prejudice the right of other creditors or testamentary donees to demand compensation from creditors or testamentary donees who have received payment with knowledge of its improperness.

Obligees and testamentary donees who have failed to present their claims within the period prescribed in paragraph (1) of Article 1281 (Public notice and peremptory notice) and who were unknown to the qualified acceptor may exercise their rights only in respect to the surplus assets. This provided that such shall not apply to a person who has security interests over a specified Object or right.

(1) Should a qualified acceptance have been made in a case where there is more than one Successor, the court shall appoint one of the Successors as the administrator of the succession property. (2) The administrator shall implement all acts necessary for the management of the succession property and the payment of debts on behalf of both himself and the co-Successors and in lieu of the co-successors. (3) The provisions of Article 1281 (Public notice and peremptory notice) through Article 1288 (Case of claims not presented) shall apply mutatis mutandis to an administrator. This provided that the period for public notice prescribed in paragraph (1) of Article 1281 (Public notice and peremptory notice) shall occur within ten days following the appointment of the administrator.

Should it be uncertain whether or not there are any Successors, the succession property shall constitute a juristic person.

(1) In cases set out under Article 1290 (The succession property juristic person), the court shall appoint an administrator of the succession property upon the application of an interested person, the head of the commune or sangkat in which the decedent’s last Permanent Residence was located or a public prosecutor. (2) Upon the appointment of the administrator, the court shall, without delay, give public notice thereof.

(1) The administrator shall prepare an inventory of the succession property without delay. (2) The administrator shall carry out the custody and management of the succession property. Should it be deemed necessary for such purpose, the administrator may realize or dispose of the succession property with the permission of the court. (3) Upon demand by a succession creditor or testamentary donee, the administrator shall provide such person with a report on the condition of the succession property. (4) The administrator shall perform the matters prescribed in Article 1282 (Right to refuse to perform claims during the notice period) through Article 1288 (Case of claims not presented) as applied mutatis mutandis by paragraph (2) of Article 1296 (Public notice and peremptory notice to creditors). (5) The administrator shall, upon an order of the court, investigate facts and report the result thereof to the court.

The court may pay reasonable remuneration to an administrator from the succession property, taking into consideration the condition of the succession property and other circumstances.

Should it become known that there is a Successor, the succession property juristic person shall be deemed to have never existed. This provided that such shall not affect the validity of acts effected by the administrator within the scope of his/her authority.

(1) The authority of an administrator shall be extinguished upon a Successor accepting the succession. (2) Should a Successor accept the succession, the administrator must without delay render an account of his/her administration to such Successor.

(1) Should, two months following the public notice prescribed in paragraph (2) of Article 1291 (Appointment of administrator), the existence of a Successor have not been determined, the administrator shall without delay give public notice to all succession creditors and to all testamentary donees to present their claims within a specified period, which shall be no less than two months. (2) The provisions of paragraph (2) of Article 1281 (Public notice and peremptory notice) and Article 1282 (Right to refuse to perform claims during the notice period) through Article 1288 (Case of claims not presented) shall apply mutatis mutandis to cases under paragraph (1). This provided that the administrator shall not be the purchaser in an auction or sale under Article 1286 (Realization of succession property) as applied mutatis mutandis.

(1) Should, even following the expiration of the period prescribed in paragraph (1) of Article 1296 (Public notice and peremptory notice to creditors) the existence of a Successor still be unable to be ascertained, the court, upon the application of the administrator or of a public prosecutor, shall give public notice calling upon a Successor, if any, to declare him/herself to be the Successor within a specified period. This shall be no less than six months. (2) Should there be no prospect of a surplus arising from the succession property, the administrator and public prosecutor shall not be required to make application under paragraph (1).

Should no one declare him/herself to be a Successor within the period prescribed in Article 1297 (Public notice of search for Successor), neither any Successors nor any Obligees of the decedent or testamentary donees who were unknown to the administrator shall be able to exercise their rights.

(1) Should the court deem it fit for cases under Article 1298 (Exclusion by public notice), upon application by a person who has shared his/her livelihood with or devoted himself to the medical treatment and nursing of the decedent, or has otherwise had a special connection with the decedent, the court may confer part of the succession property remaining after liquidation upon such person. This provided that the total amount of property conferred in such way shall not exceed one-half of the remaining succession property. (2) An application under paragraph (1) shall be made within three months of the expiration of the period prescribed in Article 1297 (Public notice of search for Successor), and shall included clarification of the grounds for claiming a special connection with the decedent. (3) In making a distribution under paragraph (1), the court may investigate the relevant facts of such matters. In such case, the court may hear the opinion of the head of the commune or sangkat.

Succession property that has not been disposed of under Article 1299 (Distribution of succession property to person having special connection with decedent) shall revert to the state. In such case, the administrator shall prepare an account of the administration and submit such to the court.

A Successor may demand recovery of succession in order to recover the whole or a part of the succession property of which he/she has been deprived of the right to inherit.

(1) A Successor may demand that a person who has acquired the succession property through a succession right that does not actually belong to such person return the Object acquired to the Successor. (2) An Object that the other party to the demand for recovery of succession has acquired under a contract relating to the succession property may also be the Object of the demand for recovery of succession.

(1) The other party to the demand for recovery shall return the succession property to the Successor who has demanded the same. Should the other party have acquired the Object in good faith, he/she shall be entitled to retain the fruits and interest already received from the Object, to demand reimbursement of outlays for beneficial expenses of the property, and also to demand reimbursement of succession debts that were discharged. (2) Should the other party have acquired the Object in bad faith, he/she shall be obliged to return all fruits and interest received from the succession property, and shall have no right to demand reimbursement of succession debts discharged or to demand reimbursement for outlays for the beneficial expenses of the property.

The period for extinguishment by prescription of a right to demand recovery of succession property shall be five years if the succession property has been transferred to other parties to such demand in accordance with a will or partition of the succession property, and five years from the date of death of the decedent in the case of succession by a single Successor.