Is Your Will Effective in Mexico?

Guillermo Cruz-Rico
15 hours ago
5 min read

Estate Planning for Canadians with Cross-Border Assets

How to Enforce a Canadian Judgment in Mexico: A Step-by-Step Guide

This is not an abstract legal debate—it is a real issue that has affected many families.

If you are a Canadian who owns property, runs a business, or holds investments in Mexico, you may wonder: Is your will effective in Mexico?

While an Ontario will may be legally valid, it is rarely efficient on its own. If it is not properly adapted to Mexican law, your family may face serious challenges: lengthy probate proceedings, unexpected translation and legalization costs, conflicting legal terms, and even delays in accessing assets. These hurdles can turn a time of grief into a prolonged and stressful legal process.

By preparing a will with a harmonized section for Mexican assets, you can avoid these obstacles and save your family significant time, money, and unnecessary headaches—ensuring that your wishes are respected on both sides of the border.

If you have assets in Mexico, now is the time to review your estate plan. Contact us today to ensure your will is effective in both countries and that your family is protected.

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Bob and Ursula's Lesson

Consider the case of Bob and his beloved wife, Ursula. For over 20 years, they spent their winters in Mexico, where they bought a home, opened a small business, and filled it with artwork they loved. Believing they had done everything right, they signed wills in Ontario.

In Ontario, probate is relatively straightforward. When someone dies, their will is presented to court. If valid, the court issues a Certificate of Appointment of Estate Trustee, which gives the executor authority to transfer property, access bank accounts, and distribute assets. Bob believed that this certificate would allow him to register the Mexican house in his name.

But in Mexico, the process is very different. The Ontario probate certificate carried no automatic legal effect. To transfer the title of the house, Ursula’s will had to be:

Translated into Spanish by an official translator.
Apostilled under the Hague Convention.
Filed in Mexico to begin a local probate proceeding (juicio sucesorio testamentario).

Even more frustrating, terms like “estate trustee” had no equivalent in Mexican law, leading to confusion and procedural delays. What Bob assumed would take weeks turned into months of legal proceedings, mounting legal fees, and unnecessary stress at a time when he was grieving.

This experience shows a crucial truth: a will effective in Ontario is not automatically effective in Mexico. Without harmonized estate planning, heirs may face unexpected legal battles across borders.

(The names “Bob” and “Ursula” are fictional and used only for illustrative purposes.)

The Legal Framework

Ontario Law

Under the Succession Law Reform Act (R.S.O. 1990, c. S.26), a will validly executed in Ontario governs the disposition of the testator’s worldwide assets, subject to recognition abroad. Ontario also recognizes “international wills” through the Uniform Law Conference of Canada – International Wills Act (ULCC, 1973), which aligns with the Washington Convention (1973).

Mexican Law

Mexico follows a different approach. Under the Civil Code of Mexico (Código Civil Federal and local codes):

Articles 1592–1600 establish that only wills valid under Mexican law can directly transfer ownership of real estate in Mexico.
Article 14 CCF adopts the lex rei sitae principle: succession of property is governed by the law of the place where the property is located.
Foreign wills may be recognized if they comply with the formalities of their place of execution (lex loci actus) and are not contrary to Mexican public policy (orden público).
Crucially, probate proceedings must be carried out in Mexico for Mexican-situs assets, especially real estate.

How Probate Works in Mexico

In Mexico, probate (juicio sucesorio) is a formal legal proceeding before a civil court—or, in simpler cases, before a notary public. Unlike Ontario, where the court certificate empowers the executor to act almost immediately, Mexican probate unfolds in mainly four stages with several steps:

Initiation – The will is submitted in Spanish, translated, and apostilled if foreign.

a. Validation of the Will and Declaration of Heirs – The court (or notary) validates the will and confirms the heirs.
b. Appointment of Executor (Albacea) – The court appoints an executor, who must follow strict rules under supervision.
Inventory and Valuation – Assets are inventoried and creditors notified.
Administration - The executor acts on behalf of the probate until its affairs are addressed and settled
Partition and Distribution – After debts are settled, assets are distributed to heirs, and real estate titles updated in the Public Registry.

This system ensures transparency but is more time-consuming and expensive than Ontario probate. For Canadians, the main takeaway is clear: probate must be repeated in Mexico for local assets, regardless of what Ontario courts have already approved.

Application to Specific Assets

Real Estate: Always probated in Mexico, even if the will is valid in Ontario.
Bank Accounts: Mexican banks generally require a Mexican probate judgment before releasing funds.
Movable Assets (art, jewelry, vehicles): More flexible, but still usually subject to local probate.

Practical Tips

Engage bilingual legal counsel with expertise in both jurisdictions to avoid unnecessary expenses and headaches.
Anticipate challenges with detailed documentation and expert translations.
Explore alternative dispute resolution mechanisms to save time.

Do's and Dont's

Do's

Do prepare a harmonized will—with a section for Ontario and one for Mexico—to streamline the probate process
Do use bilingual, dual-qualified legal counsel to avoid conflicts.
Do review your estate plan regularly, especially when acquiring new property abroad.

Dont's

Don’t rely on translations without legal review—many terms do not match.
Don’t postpone estate planning until it’s too late..Hire legal experts familiar with cross-border enforcement.
Don’t assume your Ontario will alone will be effective in Mexico

FAQs

1. Is an Ontario will valid in Mexico?

Yes, but it must be translated, apostilled, and probated in Mexico before assets can be transferred.

2. Can I use just one will for both countries?

It’s risky. A harmonized strategy with separate but coordinated wills is safer.

3. Do Mexican banks accept Canadian probate certificates?

No. They require a Mexican probate judgment.

4. What happens if I die without a Mexican will?

Your heirs may face lengthy and costly proceedings under Mexican intestacy laws.

Conclusion

A will effective in Mexico requires more than signing documents in Ontario. For Canadians with cross-border estates, harmonized estate planning is the most efficient way to safeguard family inheritance and reduce stress for loved ones.