Testamentary Trust Agreement With Mexico
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If this form requires notarization, complete it online through a secure video call—no need to meet a notary in person or wait for an appointment.
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FAQ
If a foreigner with property in Mexico dies without a Will, the law provides that their property is divided proportionately between their legal spouse (and not common-law spouses) and their children.
The Will, in Mexico, is made before a Notary Public and may be handwritten with an official translation made, or the Notary may insist upon having an official translator present if the party making the will does not speak fluent Spanish.
IRS Form 3520. It is essential to properly file a timely IRS Form 3520 to report a foreign inheritance or foreign gift received by a U.S. person as large penalties may be imposed on a taxpayer if the IRS later discovers that an inheritance was not properly declared when received using Form 3520.
Wills prepared outside of Mexico are valid in Mexico. It's having them recognized that is a lengthy, complicated and expensive process. Getting a US or Canadian Will recognized in Mexico requires that it be translated into Spanish by an official court approved translator.
Yes, any property owned by a foreigner (using a fideicomiso) can be transferred to their beneficiaries after death. The best way to protect your property is to have a will, which can either be a foreign will or a Mexican will.