Wills: Mexican will vs. the trust's substitute beneficiaries
Deciding how your trust rights pass at death: substitute beneficiaries in the trust (step 5.1), a Mexican will, or both.
Why it matters
Substitute beneficiaries normally let the bank transfer the rights without probate. A Mexican public open will (testamento público abierto), signed before a notario (with an interpreter if needed), covers Mexican assets such as bank accounts, cars and anything outside the trust. Mexico's Supreme Court has held that a notarial will can change the substitute beneficiary designated in a trust (tesis 181556), so the two must be consistent.
Who helps
A BCS notario (the will) and your trustee bank (substitutes).
Coordinating with your home-country estate plan
a US living trust, a Canadian will or a home-country power of attorney doesn't control the fideicomiso. The Mexican trust follows its own substitute beneficiaries (and any Mexican will). Make the substitutes consistent with your home-country plan, and tell your executor which bank holds the trust and where the deed is.
Costs Estimate
- During "September, Will Month" 2026 (September–October), BCS notarios offered wills at about MXN 2,600 (a 50% discount from a reported normal price of about MXN 5,000).
- Recording the will notice at the RPPC: MXN 469 (step 2.18).
- Ask the notario whether the campaign price applies if you need an interpreter (confirm locally).
Estimates only. Get written quotes.
Common mistakes
- A will that names different heirs than the trust; not telling heirs which bank holds the trust.
Say it in Spanish
- Quisiera otorgar un testamento público abierto congruente con los fideicomisarios sustitutos de mi fideicomiso.
I'd like to make a public open will that matches my trust's substitute beneficiaries.
Terms
Sources
- SCJN – Semanario Judicial, tesis 181556 (checked 2026-10)
- Diario Humano, Sep 2026 (checked 2026-10)
- Gobierno de BCS (checked 2026-10)
Confirm the details for your case with your notario or attorney.
Common questions
Who inherits my property?
The substitute beneficiaries named in your trust. Keep them current, and coordinate with your wills.
Do I need a Mexican will?
Often recommended for assets outside the trust, such as bank accounts and vehicles. Ask a notario.