HOW TO GRANT A LAST WILL AND TESTAMENT IN MEXICO

The information on this document is provided as a public service for

information purposes only, it is not legal advice and should not be relied

upon in such a manner. You should consult an attorney to address the

specific circumstances of your matter.

A public open will is the most common manner to grant a last will and testament in

Mexico. A will is open whenever the testator expresses his last will in the presence

of a Mexican Notary Public, who authenticates the act and informs of its

provisions.

According to the article 2767 of the civil code of the State of Guanajuato, a public

open will must be executed before a notary public according to the legal

dispositions.

The article 2768 of the civil code establishes that the testator will express his last will

and testament in a clear and decisive manner to the notary. The notary will write

the clauses of the will, abiding by the will of the testator and reading out loud the

clauses. If the testator agrees with the content will sign the document, as well as

the notary, interpreter, and witnesses, if any. The notary will have to establish date,

time and place when the will was granted.

When the testator ignores the language of the country, if possible, will handwrite

his will, which would have to be translated to Spanish by an interpreter, the

testator, interpreter will sign the handwritten will. The translation will be transcript by

the notary public and added to his books (protocols) as it is established in the

article 2759 of the civil code.

Preferably the testator will bring two personal witnesses before the notary public at

the time of granting the last will and testament.

The last will and testament will be registered at the national bureau of vital records.

OUR RECOMMENDATIONS

From past experiences we have learned how to avoid possible complications at

the time of executing a last will and testament in Mexico. Unfortunately the legal

bureaucracy represents a burden to fulfill with the will and wishes of the deceased

person. Therefore, we would like to make the following recommendations:

1. Let the notary know if you are known with a different name, even when you

have not used it in years.

2. State clearly the full names of the heirs. Do not use abbreviations and include

any other name they use.

3. Include as an attachment the contact information of the heirs, executor, bank

agent, doctor and/or any other contact information that might be relevant.

4. Include all the banking information in the will (savings account, investment

account and others).

5. After granting you will make sure that the beneficiaries appointed in your bank

accounts are coincident with the ones appointed in the last will and testament.

6. Provide to the executor a copy of your last will and testament, contracts with

the banks, agreements with third parties and all the important information that

would help him to develop his charge.

7. We highly recommend you to establish a clause where your existing funds

should be applied to pay your debts, severance pay for employees, probate

proceedings costs, taxes to transfer your property, funeral arrangements, and any

other cost that may be involved to clear all the pending matters.

8. Make sure to establish a clause that will allow your heirs to acquire any present

or future estate. In this way you last will and testament wont be changed every

time.

9. Provide copies of your will to the parties involved.

10. Keep in a safe place a set of certified copies of your will, identifications and

the contact information.

11. Keep in your file copies of marriage certificate, divorce decree, your birth

certificate and your childrens, if that is the case.