On this occasion we will talk about a topic that many avoid, because it is about decisions that must be made thinking about the worst moments, when we are no longer here or when one of our loved ones leaves us. Although thinking about death is not something pleasant, it is an act of love for our family and is to be sure that our will is done about our property and rights when we are no longer here.
Culturally, we are not educated to plan what will happen when we are gone and this causes many inconveniences and conflicts for those who survive a deceased person, who must not only deal with the pain of losing a loved one, but also with the endless procedures to claim what corresponds to them by inheritance law, we get used to associating a will with death and to avoid even mentioning it, downplaying it. In Mexico, most people do not prepare wills due to ignorance of the subject, it is said that no more than 7% of Mexicans have a will, due to erroneous beliefs, such as thinking that it is expensive to do so or because they do not have many assets to inherit.
Let’s clear up some misconceptions about wills:
1.- Wills are only for people with a lot of assets and assets to inherit:
FALSE
In Mexico, any person from the age of 14 (in the case of Quintana Roo) is empowered to make their will.
2.- It is very expensive to prepare a will:
FALSE
In Mexico, wills are processed through notaries, the fees for preparation are very reasonable and may vary from one notary to another, also depending on the estimated value of the properties and assets to be registered in the document. It is such an important issue that September has even been established as the national month of the testament and in that month cheaper and even free rates are offered every year for older adults.
3.- I must make a detailed list of my assets to make the will
FALSE
It is not necessary, the testator only needs to state who or whom he will name as heirs, unless he wants to leave some specific asset to someone, in which case he must accurately identify the property, as well as the full name of the person to whom granted after his death.
As we can see, it is not as complicated as you think and there are many advantages of having it, let’s list a few:
1. Provides security to your family’s heritage.
2. Offer the option of inheriting to whoever you choose.
3. Avoid causing uncomfortable situations for your relatives.
4. Allows the heirs to establish rights and obligations.
5. You have the option to modify and add any clause.
What is needed to make a will in Mexico?
1. Fill out a notary application.
2. Be of the minimum required age (between 14 and 18 years depending on the federal entity) with full use of their mental faculties.
3. State your will clearly and explain the distribution and proportion of the assets with the full name of the beneficiaries, without the need to list the assets or submit deeds, unless you wish to leave a specific asset to a particular person.
4. General data; full names and surnames; date and place of birth; nationality, marital status, in case of being married, indicate under which patrimonial regime (separation of assets or conjugal partnership); Current occupation and address. In addition, you must present the original and a copy of your official identification and a copy of your birth certificate.
5. Some notaries request witnesses, depending on the state.
6. Pay the corresponding notary fees.
What happens if I don’t leave a will?
If a person dies and did not leave a will (die intestate), then the legitimate succession is opened, this means that their relatives inherit following the lines of descending and ascending kinship and according to what is established by law. This situation implies requesting before a local court in family matters, by the relatives who consider to have a legal right to the patrimony, children and spouse, in the first order and parents, siblings, grandparents, nephews and any other relative up to the fourth degree. of consanguinity if the former did not exist. If a person dies without leaving a will and there are no heirs, their intestate estate passes into the hands of the state.
As you can see, there are more advantages than disadvantages of writing your will on time according to your wishes and criteria, planning to protect your family even when you are no longer there, we hope, as always, Anaya Lega Playa has provided you with valuable information for your decision-making and we continue here to support you in each process.