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In Mérida, Mexico, a will or 'testamento' is a legal document that expresses the wishes of a person for the distribution of their property after their death. The law considers testament a personal act, meaning it cannot be made jointly. There are several types of wills recognized by Mexican law, but the most common one written is the Public Open Will, executed before a Notary Public.
You might need a lawyer when dealing with matters of Will & Testament in Mérida, Mexico due to a variety of reasons. If you own properties or assets and plan to distribute them to heirs, a lawyer can help you execute a clear, lawful will to prevent possible conflicts. If you are an heir or beneficiary named in a will, a lawyer can support you to navigate through the process and guarantee your rights. If you are dealing with an estate where a will was not left, a lawyer can guide you through the complicated process of estate succession as well.
In Mérida, and all over Mexico, the will must be prepared in the presence of a Notary Public, who will keep the original document. The will should be written in Spanish. If the testator does not understand Spanish, an interpreter can be used. The testator must declare their full name, nationality, place, and date of birth; and state whether they are of legal age and in their right judgement. The testator must also indicate whether they have children and whether they are married, and name the beneficiaries and what each is to inherit.
Without a will, your estate would go into intestate and would be distributed according to the law, which would not necessarily reflect your wishes. It's recommended to leave a will to avoid unnecessary conflicts and ensure your assets are passed to the beneficiaries of your choice.
While it is allowed, it is not recommended. A lawyer can ensure that your last wishes are expressed in accordance with the local laws, helping to ensure they are respected. Mistakes in a will can lead to disputes among heirs or even invalidate the will.
Mexican law grants a right known as legitime to the children and spouse of the deceased, meaning a portion of your estate is secured for them. Unless a child has committed an egregious act such as attempting to take your life, you generally cannot disinherit your children.
Yes, a testator can change their will as many times as they want. The last will signed will supersede all previous versions.
It's important to consult with a local lawyer, as the will may need to be translated into Spanish and notarized before it is recognized as valid in Mérida, Mexico.
The Notarial College of Yucatan (Colegio de Notarios de Yucatán) and the Public Notaries Directory of Yucatán can provide essential legal guidance and services in matters of wills and inheritances. In addition, the Mexican Legal Information Institute offers an extensive online resource of national laws, including those related to wills and inheritance.
Start by consulting with a local lawyer who specializes in Will & Testament. They will advise you on how to proceed based on your specific circumstances and needs. It might be helpful to gather all the documents related to the properties and assets you wish to distribute in order to facilitate the process. Once the will is drafted according to your wishes and local law, make sure it is translated, if necessary, notarized, and kept in safe storage.
