You own property in Mexico. Your will back home doesn't cover it.
A will made in another country has no validity in Mexico. Without a Mexican will, your family inherits a court case along with the house.
What's going on
Most foreign owners did everything right when they bought: the lawyer, the notary, the fideicomiso. Then they assume the will they signed at home takes care of the rest.
It doesn't. If you die without a Mexican will, the property goes through an intestate succession proceeding in a Mexican court. That takes one to three years and a long list of documents your family will have to chase from another country, in another language. During that time the property can't be sold.
It works in the other direction too: a Mexican will has no validity for what you own back home.
One will per country.
If your property is in a fideicomiso, check the substitute beneficiary
For that property, the substitute beneficiary matters more than your will: whoever is named there takes priority over the heir your will names.
The trouble is that when the fideicomiso is set up, nobody explains what that line is for. Buyers put down a name just to get through the paperwork, and years later it has to be changed.
I had a married couple who each wanted the other to inherit. One had named his mother and the other her sister. Once they understood what the substitute beneficiary does, we changed it so each spouse was the other's.
What to leave in order
A will made in Mexico is the main thing. Alongside it, keep these together where your family can find them:
- Your birth certificate, apostilled
- A copy of your will
- The documents for your property, or properties, in Mexico
- The contact details of the lawyer who handled your affairs
With those in hand, the process your family faces is much shorter.
How I can help
- Review how your property is held — in your name, in a fideicomiso or through a company — because that changes what your family will face.
- Tell you what to put in place in Mexico for your particular situation.
Draft your Mexican will, or review the one you have, and go with you to the notary.
- Check who is named as substitute beneficiary if your property is in a fideicomiso, and update it if it no longer reflects what you want.
What it costs
The consultation: US$100 · 45 minutes, by video call or in person.
The will: MXN 8,000 to 10,000, payable in pesos or the equivalent in US dollars.
Frequently asked questions
My property is in a fideicomiso with a substitute beneficiary. Do I still need a will?
For that property, the substitute beneficiary matters more than the will: whoever is named there takes priority over the heir in your will. So the first thing to check is whose name is on it.
Can I do this without being in Mexico?
Partly. A will has to be made by you in person; it can't be done through a power of attorney. Changing the substitute beneficiary of a fideicomiso can.
What happens if I do nothing?
Your family goes to court in Mexico for one to three years before anyone can sell or transfer the property. Inheriting property in Mexico