INHERIT PROPERTIES IN MEXICO​

Few foreigners who invest in real estate in Mexico give any thought to what will occur to their property in the event of their death. Mexican law views real estate differently than other types of investments, such as stocks and bonds, and has special rules that apply to inheritances of property. As a result, it is important for foreigners to be aware of these rules in order to make sure that their property is inherited by their intended heirs.

Under Mexican law, inheritances are governed by the principle of “legal succession.” This means that, in general, only a person’s legal heirs (such as a spouse or child) can inherit their property. As a result, if a foreigner dies without a will, their property will generally pass to their legal heirs according to Mexican law. This can often lead to unintended consequences, such as property being inherited by a person’s ex-spouse or distant relatives.

Fortunately, there are ways for foreigners to ensure that their property is inherited by their intended heirs. One way is to create a will that specifically states how their property should be distributed upon death. Another way is to set up a trust with a Mexican law firm. With proper planning, foreigners can ensure that their property is inherited according their voluntary.

According to Mexican law, foreigners who inherit properties in Mexico will have those properties distributed to their legal heirs depending on whether the foreigner died without a Will, with a Mexican Will, or with a foreign Will. If the foreigner dies without a Will, their property will be subject to the rules of intestate succession set forth in the Mexican Civil Code. If the foreigner dies with a Mexican Will, their property will be distributed according to the provisions of that Will.

Lastly, if the foreigner dies with a foreign Will, their property will be subject to Mexican probate law and may be divided among their heirs according to the provisions of that Will. In order to ensure that your property is distributed according to your wishes, it is best to consult with a Mexican law firm prior to your death. Los Cabos is home to many reputable law firms that can assist you in drafting a Will that complies with Mexican law.