How to Make a Will in Mexico as an Expat

If you own property, have bank accounts, or plan to live long-term in Mexico, you need a Mexican will (testamento). A US or Canadian will alone does not cover your Mexican assets effectively — and the absence of a proper Mexican will forces your family into a court-supervised intestate succession that can drag on for two years or more.

The good news: drafting a Mexican will is straightforward, relatively inexpensive, and can be done in a single appointment with a notary public.

The Testamento Público Abierto

The standard form of will for foreigners in Mexico is the Testamento Público Abierto (Public Open Will). This is executed before a notary public (notario público) in the presence of witnesses.

Process:

1. Choose a notary public in the state where your primary property or assets are located
2. Schedule an appointment — the notary's office drafts the will in Spanish based on your instructions
3. Appear with two witnesses (who cannot be heirs or direct family members)
4. The notary reads the will aloud in Spanish, you confirm understanding and sign
5. The notary registers the will with the National Registry of Will Notices (RENAT)

Cost: Approximately $5,000–$18,000 MXN ($250–$900 USD) depending on the state and complexity.

Timeline: Can be completed in 1–2 appointments spanning a week.

Mes del Testamento: September Discount

Every September, Mexico celebrates Mes del Testamento (Will Month). During this month, most notary colleges across the country offer 50% discounts on will drafting fees. If your estate planning is not urgent, scheduling your will for September can save significant money.

This is a well-established nationwide initiative by the Colegio de Notarios to encourage estate planning — it applies to both Mexican citizens and foreign residents.

The Double-Will Trap

This is the single most catastrophic estate planning mistake expats make, and it is shockingly common.

The scenario: You draft a Mexican will to cover your Mexican property. Later, you return home and update your US or Canadian will. Your home-country attorney includes the standard boilerplate revocation clause: "I hereby revoke any and all prior wills and testamentary dispositions made by me."

The consequence: Under international conflict-of-law principles, that clause legally revokes your Mexican will. Your family only discovers this after your death, when the Mexican notary queries the RENAT database and finds the will invalidated. Your estate gets thrown into the expensive, lengthy intestate succession process you were trying to avoid.

The prevention: Two critical clauses must exist simultaneously:

1. In your Mexican will: "Este testamento rige exclusivamente bienes ubicados dentro de la República Mexicana" (This will governs exclusively assets located within the Mexican Republic)

2. In your US/Canadian will: "I hereby revoke all prior wills, except those disposing of assets located within the Republic of Mexico."

Both clauses are essential. Tell your home-country attorney about the Mexican will explicitly and insist on the carve-out language.

What Your Mexican Will Should Cover

A well-drafted Mexican will for an expat typically includes:

• Real estate — including specific identification of the property (deed numbers, RPP registration numbers) and whether held directly or through a fideicomiso
• Bank accounts — Mexican bank accounts (though accounts with designated beneficiaries bypass the will)
• Vehicles — identified by invoice number (factura)
• Personal property — furniture, artwork, valuables in the Mexican residence
• Executor designation (albacea) — who administers the estate
• Substitute heirs — what happens if your primary heir predeceases you
• Fideicomiso substitute beneficiaries — note that the trust deed designation takes precedence over the will for fideicomiso property

Advance Directives and End-of-Life Planning

Beyond the will, expats should consider:

Advance medical directive (Voluntad Anticipada) — Mexico City and several other states have enacted advance directive legislation allowing you to specify end-of-life medical preferences. These must be executed before a notary in the state that recognizes them.

DNR (Do Not Resuscitate) orders — Must be documented in Spanish and filed with your medical providers. A US-issued DNR has no legal standing in a Mexican hospital.

Organ donation — Mexico's transplant system has its own registration process, separate from any donor designation on a US driver's license.

What a Mexican Will Cannot Do

• Override fideicomiso substitute beneficiary designations (the trust deed controls)
• Override bank account beneficiary clauses (Article 56 of the Credit Institutions Law controls)
• Distribute ejido land to a foreign heir (prohibited by constitutional law)
• Violate forced heirship rules (mandatory portions for children and spouse apply)
• Govern assets located outside Mexico (those are covered by your home-country will)

Who Needs a Mexican Will?

• Anyone who owns real estate in Mexico (directly or through a fideicomiso)
• Anyone with Mexican bank accounts that lack designated beneficiaries
• Anyone with a vehicle registered in Mexico
• Anyone with valuable personal property in Mexico
• Long-term residents who want to avoid intestate proceedings
• Expats in unmarried partnerships (your partner has no automatic inheritance rights without a will)

The Mexico Expat Death Guide includes a pre-planning chapter with the exact clause language to prevent accidental revocation, a notary appointment preparation checklist, and a complete asset inventory template to ensure nothing is missed during the will drafting process.

See more Mexico guides →