[WSBARP] USA / Mexico and Wills

[Jim Doran]

I think this is the right answer.  Texas would give full faith and credit
to a Mexican Will if the Mexican Will is done correctly.

However, I am reminded of sailors and soldiers who make their Wills while
abroad.  If these clients here have two witnesses and a Notary for the
witnesses it should be good.  My only reservation is that it would be a
Mexican Notario.

Any more comments will be appreciated.

James R. Doran
Attorney at Law
100 E. Pine Street -  Suite 205
Bellingham, WA 98225
(360)393-9506
jim at doranlegal.com
www.doranlegal.com


On Wed, Jan 19, 2022 at 2:14 PM Andrew Hay <andrewhay at washingtonlaw.net>
wrote:

> 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
>
> 201 S. 34th St.
>
> Tacoma, WA 98418
>
> *www.washingtonlaw.net <http://www.washingtonlaw.net/>*
>
> *andrewhay at washingtonlaw.net <andrewhay at washingtonlaw.net>*
>
> He/him/his
>
> 253.272.2400 (w)
>
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>
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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
>
> www.doranlegal.com
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