Foreigner´s Will in Michoacan

Mexico´s formal name is Estados Unidos Mexicanos (United Mexican States). The United Mexican States are a federation of thirty-one free, sovereign, autonomous and independent states, and the Federal District. All states have the right to create their own constitution.

Mexico City is the Federal District, seat of the government (powers of the Union) and capital of the United Mexican States. The city is coextensive with the Federal District territorially and administratively. If the federal government moves to another city, the Federal District would be transformed into another state of the Union.

In the Mexican legal system, all states and Federal Distric have their own civil laws. Therefore, this article applies for foreigners living in the state of Michoacan.

The Michoacan law requires for a foreigner`s will:

  1. Three Mexican witnesses.
  • Two interpreters.
  • A handwritten will, signed by testator.
  • Translation of your handwritten document to Spanish.
  • It has to be signed in front of the notario.
  • It has to be issued in Spanish.
  • Witnesses, interpreters and testator, must go to the notario’s office at the same time.
  • If one of this requirements is missing, the will is invalid (article 692 of Codigo Civil de Michoacan.

    Unless you have specif stuff that you want to leave to a certain person, I recommend to write your will in general: “all my properties and possessions on the date of my death”.

     

     

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6 Responses to Foreigner´s Will in Michoacan

  1. Ric Hoffman says:

    Artículo 681. Testamento público abierto es el que se otorga ante notario y tres testigos
    idóneos.

    which translates:
    Article 681. Open public testament is the one that is offered before notary and three suitable witnesses.

    They do not need to be Mexican citizens.

    • Liliana Elena Gonzalez says:

      Hi Richard, thank you for your comment. It will clarify my posting.

      I have got the list of requirements by doing an interpretation of several articles of the Michoacan civil law (that´s exactly what attorneys do). In this case, read article 674:

      Articulo 674. No pueden ser testigos del testamento: …VII. Los que no entiendan el idioma español.

      which translates (this is hard, I hope to do it right):

      Articulo 674. Are not allowed to be witnesses in Wills: …VII. Persons who don’t understand Spanish language.

      In sort, a foreigner witness will have to prove to notario that he/she understands Spanish.

  2. Lucille Arneson says:

    That’s quite succint; you must be able to understand the Spanish language to be a witness in Mexico. That certainly makes sense.

  3. I’ve recently started a blog, the information you provide on this site has helped me tremendously. Thank you for all of your time & work.

  4. I don’t believe I’d be able to do that. But seeing your post here makes me feel a bit like I might be able to.

  5. […] a foreigner own property in Mexico, it is important to have a Mexican Will, so the process to transfer property to the heirs goes as smoothly as […]

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