September in isn’t just about Independence Day celebrations—it’s also Mes del Testamento, or Will Month in Mexico. Every September, the government runs a national program encouraging people to formalize their wills by offering discounted fees and easier appointments at Notarías (notarial offices).
For expats, this is the perfect opportunity to put your affairs in order in Mexico and spare your family stress, delays, and unnecessary costs down the line.
A Mexican will, known as a testamento público abierto, is the simplest legal tool for controlling who inherits your assets in Mexico. It ensures your wishes are respected under local law and avoids your loved ones getting stuck in cross-border legal red tape.
Who Should Have a Mexican Will?
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While not everyone needs one, a Mexican will is highly recommended if you fall into any of these categories:
- Property owners – Whether you hold a deeded escritura or a fideicomiso (bank trust) in the restricted zone, a local will helps tie up loose ends.
- Financial assets – If you keep bank or investment accounts in Mexico, or even a local vehicle, a will clarifies who inherits them.
- Business owners – A will can establish continuity for Mexican corporations, partnerships, or sole proprietorships.
- Unmarried couples – If your relationship isn’t formally recognized under Mexican law, a will ensures your partner is protected.
- Parents or guardians – Those with minor children can use a will to designate guardianship, as well as provide for pets or charitable bequests.
Why It Matters
Yes, your foreign will can be enforced in Mexico, but the process is rarely smooth. Here’s why:
- It often requires apostilles, certified translations, and authentication to be recognized here.
- Heirs may have to go through probate in two countries—a costly, time-consuming process.
- The Mexican civil code may not interpret foreign wills in the same way, opening the door to disputes.
By contrast, a Mexican will:
- Keeps probate local, faster, and less expensive.
- Applies the correct state civil code to your estate.
- Lets you name alternate heirs and an executor (albacea) to ensure your wishes are followed.
For Coastal Property Owners
If you own property in the restricted zone (like the Riviera Maya) through a fideicomiso, your trust document already names substitute beneficiaries. In this case, your will does not override the trust.
Important: Make sure your fideicomiso beneficiaries match the heirs listed in your will to avoid legal conflicts.
Beyond a Will: Advance Directives
Another document to ask about during Will month in Mexico is a voluntad anticipada—an advance healthcare directive. This is separate from your will and allows you to set out your end-of-life medical wishes, ensuring decisions are made according to your values.
Taking the Next Step
Making a will in Mexico isn’t just about protecting property—it’s about peace of mind for you and your loved ones. With lower fees and easier access during September, it’s the smartest time of year for expats to act.
Important: Notarios are the only officials authorized to formalize wills in Mexico. Look for one with experience working with foreign clients, and make sure they explain the process to you clearly in English (if you’re not fluent in Spanish).
*This article provides general information, not legal advice. If you’d like a referral to a reputable, English-speaking Notario in the Riviera Maya, send me a message: [email protected].
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