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.