A Canadian Will can be legally valid in Mexico, but it requires several steps to be recognized. Here's the process:
1. Probate the Will in Canada: The Canadian Will must first be probated (validated by a court).
2. Apostille the Documents: After probate, the Will, the death certificate, and the beneficiary’s birth certificate must each be apostilled in Canada (an apostille is a certification that makes a document valid internationally).
3. Translate the Documents: Once apostilled, all documents must be translated into Spanish by an official translator in the Mexican state and district where the deceased’s property is located.
This process in Mexico acts as a second probate. A judge reviews the Will and may require the heirs or representatives to be present in Mexico for the reading of the Will. The court will then issue a decision, instructing notaries and the Mexican bank managing the trust to transfer the property to the heirs.
Determining who will inherit your property in Mexico requires thoughtful planning and legal advice. The process can differ greatly depending on whether you have a Mexican Will, a foreign Will, or no Will at all, with each option presenting its own unique challenges. To avoid difficulties, it's important to get proper Mexican legal advice, especially if you have property in Mexico. Consulting a Mexican lawyer can help ensure your wishes are carried out smoothly.
Hermes Sanchez
Practitioner of Mexican Law*
T. 778.814.7112
*Practitioner of Foreign Law, Mexico, Bachelor of Laws, Since 2008. Authorized to practice Mexican Law in British Columbia, Canada and Mexico
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