# Mexican will



## baboo (Oct 22, 2010)

I would like to know if I need a Mexican will to deal with my Mexican house.


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## TundraGreen (Jul 15, 2010)

baboo said:


> I would like to know if I need a Mexican will to deal with my Mexican house.


Good question. I would like to know as well. Also, does it make any difference if you have listed beneficiaries on the Escritura. And I suppose people near the coasts would like to know if the answer is different for property held in a trust agreement.


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## RVGRINGO (May 16, 2007)

Yes, you really do need a Mexican will for all property and interests in Mexico. Your US will, for example, should only deal with property and interests in the USA. The two wills should not conflict and each may mention that the other will exists only for things in the other country.
The escritura for a home names and provides for the spouse and beneficiaries, but they should also be named in the Mexican will.
If a trust is involved, the beneficiaries of the trust are named, and may also be named in the wills.
Both husband and wife should have wills, being sure that they don't conflict.
In October, Mexican notarios usually make wills for about half the normal price. At least, that's the custom here in Jalisco.


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## conklinwh (Dec 19, 2009)

RV ****** is right on as (a) will (is) even more important in Mexico tha (in) the US. Most places in the US will move property to (the) spouse in (the) absence of a will. In Mexico, that isn't true. It (property) goes to the state and (it is a) very long, costly process to get (it) back. (There are) Lots of horror stories of (a) spouse being basically left destitute.
Even at full price this (is) a very quick, inexpensive process. In fact, our biggest expense was getting the will translated into English for our dependents as (they) really need a high quality translation.


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## TundraGreen (Jul 15, 2010)

conklinwh said:


> RV ****** is right on as will even more important in Mexico that the US. Most places in the US will move property to spouse in absence of a will. In Mexico, that isn't true. It goes to the state and very long, costly process to get back. Lots of horror stories of spouse being basically left destitute.
> Even at full price this a very quick, inexpensive process. In fact our biggest expense was getting the will translated into English for our dependents as really need a high quality translation.


I guess this has been answered, but just to confirm: So listing the beneficiaries on the escritura is not sufficient?


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## conklinwh (Dec 19, 2009)

We asked our notario the same question. Answer was that a data point but probably not sufficient. Also, at least in our case, it only deals with the land versus improvements and belongings. Notario said that always better to have a will.


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## TundraGreen (Jul 15, 2010)

conklinwh said:


> We asked our notario the same question. Answer was that a data point but probably not sufficient. Also, at least in our case, it only deals with the land versus improvements and belongings. Notario said that always better to have a will.


Thanks. It looks like it is time to talk to my Notario Publico again. My escritura covers the house. There is no land outside of the house. I have listed my kids on the escritura but I would rather make it easy for them, so a will seems in order.


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## RVGRINGO (May 16, 2007)

Note: Be absolutely certain that the 'names' are the correct, official names that will appear on the birth certificates & passports of the beneficiaries. In the case of females with changed names, you'll also need to prove the 'trail' of the names by apostiles of marriage and divorce documents. 
In Mexico, John Thomas Doe is not the same person as John T. Doe or J. Tom Doe, etc., due to the latin naming system differences from the English system.


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## chicois8 (Aug 8, 2009)

I have a fidicomiso for my house in Guayabitos and it includes a space for beneficiaries, the notario said that was all I neede for it to pass to my daughter....


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## RVGRINGO (May 16, 2007)

It is still a good idea to back that up with a proper will. Strange things happen in Mexico. You may have noted that there are a lot of homes and other properties that sit for decades, deteriorating or occupied by squaters. That happens when there is no will or when there are disputes; as in large families, especially.
Another caution: Advise the beneficiaries to maintain current passports and a fund to finance an immediate trip to claim the property. In a matter of hours, more strange things can happen if they hesitate. Belongings and furniture may vanish and/or 'tenants' may arrive & make claims. We've seen this happen, and they were all fellow expats, old girlfriends/boyfriends, etc. Wills should also make provision for the required termination payments, plus, for maids, gardeners, etc. Otherwise, they will have legitimate claims against the estate. Claiming a property, especially if an heir isn't on site, is very easy in Mexico and someone who doesn't 'know the ropes' can easily lose a property. Funny, how some notarios end up owning so much property.


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