[WSBARP] USA / Mexico and Wills

[John J. Sullivan, Esq.]

Listmates:

 

I would not assume that the client does not remain domiciled in Texas. Also, do not confuse “full faith and credit,” a requirement of the Constitution among the various states, and the doctrine of comity which means Texas might voluntarily recognize the application of Mexican law. 

 

What Is Your Domicile? | Nolo <https://www.nolo.com/legal-encyclopedia/what-is-your-domicile.html> 

I recently had a multistate situation where a client domiciled here moved indefinitely to AR to care for her elderly mother. She wanted to revise her Will. I took the position she could execute a WA will there because she is still domiciled here. 

As for notarizing the self-proving affidavit, I would probably do it as a declaration under penalty of perjury under the laws of WA. If you notarize something in Mexico, you will need an apostille from the recognized authority there under the treaty. Best to do that up front rather than later. But I would do it as a Declaration instead. Mexico is a member of the Hague Treaty:

Hague Apostille Member Countries (internationalapostille.com) <https://www.internationalapostille.com/hague-apostille-member-countries/> 

John J. Sullivan

 

From: wsbarp-bounces at lists.wsbarppt.com <wsbarp-bounces at lists.wsbarppt.com> On Behalf Of Jim Doran
Sent: Wednesday, January 19, 2022 1:11 PM
To: WSBA Real Property Listserv <wsbarp at lists.wsbarppt.com>
Subject: Re: [WSBARP] USA / Mexico and Wills

 

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 <mailto:jim at doranlegal.com> 

www.doranlegal.com <http://www.doranlegal.com> 

 

 

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

 <http://www.washingtonlaw.net/> www.washingtonlaw.net

 <mailto:andrewhay at washingtonlaw.net> andrewhay at washingtonlaw.net

He/him/his

253.272.2400 (w)

253.377.3085 (c)

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From: wsbarp-bounces at lists.wsbarppt.com <mailto:wsbarp-bounces at lists.wsbarppt.com>  <wsbarp-bounces at lists.wsbarppt.com <mailto: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 <mailto: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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