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ARE YOU A FOREIGNER WITH ASSETS IN MEXICO? TAKE ADVANTAGE OF THE “MES DEL TESTAMENTO” AND GRANT YOUR MEXICAN WILL.

Gisela Talamantes Saenz, Attorney at Law with Baja Legal Solutions.

 

During the months of March and September, the College of Public Notaries of the State of Baja California Sur reduce their fees by 50% for granting Wills. Also some Notary Public offices will extend their working hours to the public in order to facilitate the granting of Wills during these months. 

WHAT IS A MEXICAN WILL?

The Mexican Will is a legal act where an individual leaves written instructions for his/her assets, property, rights and obligations after death, appointing heirs, executors, tutors, and beneficiaries.

 

 

In Mexico THE WILL is revocable meaning that at any moment the individual may grant a new Will, automatically cancelling the previous Mexican Will granted. It is a personal meeting; Wills cannot be granted by a legal representative, through a power of attorney, a family member or a friend.

Foreigners may own real estate property in Mexico through the Mexican Fideicomiso or Mexican Corporation. It is important to highlight that if a foreigner holds Mexican shares/stocks, granting a Mexican Will may save his/her heirs from having to initiate an Intestate proceeding before the Mexican Family Court or to Homologate a foreign Will in order for the court to appoint the new beneficiary of shares or stocks within the Mexican Corporation. Both of these proceeding can be expensive and cumbersome. Let’s remember that  the Mexican Fideicomiso includes a substitute beneficiary clause, therefore your beneficiary rights and those of your heirs are protected.

 

With the figure of the Mexican Corporation, there is no substitute beneficiary clause, therefore the Mexican Will is the best legal tool to appoint beneficiaries of your shares or stocks and protect the real estate property acquired through Mexican Corporations. 

Also, very important, per Mexican law; the Mexican Will follows strict formalities, therefore, the Notary Public must be very careful if the testator is a foreigner who is not proficient in the Spanish language. If this is the case, the testator must be assisted by an interpreter or an official translator that will also sign the Will together with the testator before the Notary Public.  Without following the formalities outlined by the Mexican Civil Code, the Will is subject to be challenged in Court and nullified by parties holding an interest.

We offer translation and interpreting services to help you grant your Will making sure there is no confusion with the Notary Public and/or his/her staff on the instructions you provide when granting your will, thus, protecting your heirs and Mexican assets.

WHAT STEPS TO FOLLOW TO GRANT A MEXICAN WILL WITH OUR ASSISTANCE?

1.  Contact attorney at law and official translator Gisela Talamantes Saenz with Baja Legal Solutions
2.  We will interview you and fill the corresponding forms needed to draft your Will and Testament
3.  We will draft the Will per your instructions in English for your review. Once the Will is approved we will translate it into Spanish
4.  We will work and schedule an appointment with the Notary Public of your choice in order for you to execute the Will in Spanish version before the Notary Public. We will make sure all formalities were followed and that the Spanish version corresponds to your English version. 
5.  The Notary Public will issue your Will and Testament in deed format for you to keep in a safe place or give to your heirs.
6.  The Notary Public has the obligation to send notice of your Will to the National Registry of Notaries Archives.
7.  Baja Legal Solutions will retrieve the original deed from the Notary Public Office when ready and deliver it to you in person or to the designated party. Also if you instruct us, we will keep a copy in our records for future reference. 

WHAT TO BRING?

1.  Current passport
2.  Immigration document (tourist visa, FM3, FM2, Permanent Resident Inmigrado Card, or Naturalization Letter)
3.  Copy of your property titles or corporate documents in case you want to leave specific assets to different individuals.

Gisela Talamantes Saenz, LL.M, Attorney at law and Official Translator. Prior to starting her own practice, Ms. Talamantes served as a closing transaction coordinator for PRUDENTIAL CALIFORNIA REALTY in Cabo San Lucas.  Prior to joining Prudential California Realty, Ms. Talamantes served as the Director of Policy and Public Relations for the United States Hispanic Chamber of Commerce (USHCC) in Washington D.C.  She has also worked for the Puerto Rican Government and Private US Law Firms. Ms. Talamantes earned her law degree from Monterrey Tech, Mexico. She holds a master’s degree in International Legal Studies and Government from the Washington College of Law at American University in Washington DC. She has studied in France and Switzerland.


For more information please contact Gisela Talamantes Saenz at This e-mail address is being protected from spambots. You need JavaScript enabled to view it or via cell phone 612.136.4598.  Website: www.paradiseinbaja.com:  offices in La Paz and Los Barriles.