[WSBARP] USA / Mexico and Wills

[Andrew Hay]

This seems like a risk to me.  Sounds like they actually live in Mexico.  Can someone attack the will by showing it was not executed properly under Mexican or Texas law?  Notary titles and roles also vary from country to country.

If they execute it in a way that is valid under Mexico law it would be valid here in WA, but do we know Texas accepts wills properly executed under the law of Mexico?

A little high on my risk meter, but my concerns would be lower if the will was drafted by a Mexican attorney so that you know for sure it is valid under the laws of where it was signed.

Andrew Hay
Hay & Swann PLLC
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Tacoma, WA 98418
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From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jim Doran
Sent: Wednesday, January 19, 2022 11:49 AM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: [WSBARP] USA / Mexico and Wills

Two interesting questions.

Clients are living in Mexico but still consider themselves domiciled in Texas.  They want to update their Texas Wills.  I presume that means new Will for husband and wife.

Can they make a USA / Texas Will while they are in Mexico and have the signatures of the witnesses done in Mexico bu other Americans who are in Mexico?  And, can the notarization of the witnesses signatures be done by a Mexican Notario?

I think the answer is yes to both but it would be good to get some corroboration.

Thank you,

Jim Doran
--
James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com<mailto:jim at doranlegal.com>
www.doranlegal.com<http://www.doranlegal.com>
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