MEXICO Law and Practice Contributed by: Christian Lippert, Gabriela Pellón, Fabiola Jiménez and Cecilia Díaz de Rivera, Galicia Abogados
– namely the existence of a dwelling in Mexico and the “centre of vital interests” test.
adequately provided for under it, are still entitled to claim alimony from the deceased’s estate. Furthermore, Mexican laws embody public policy principles that further restrict testamentary freedom, such as the protection of the family unit, the prohibi- tion of immoral or illegal conditions and the obser- vance of formal validity requirements. 4. Marital Property and Succession 4.1 Property Regimes During Life and Deathtime Rights and Protections Matrimonial Regimes Generally speaking, Mexican laws offer two possible matrimonial regimes: • the community property regime ( sociedad conyu- gal ); and • the separation of property regime ( separación de bienes ). The specific agreements of each regime may be agreed upon by the spouses in prenuptial or postnup- tial agreements ( capitulaciones matrimoniales ). In the absence thereof, the provisions of the applicable civil code shall apply. Answers in this section are based on the provisions of the Federal Civil Code, as well as the state civil codes. Under the community property regime, all assets, rights and property acquired during the marriage become jointly owned by both spouses in equal shares. Each spouse owns 50% of the community estate, and neither spouse may dispose of community property without the consent of the other. At death, the surviving spouse’s 50% share is separated from the estate, and only the deceased’s 50% share is sub- ject to inheritance. Certain assets and rights (including those belonging to a particular spouse prior to the marriage, or those acquired during the marriage through inheritance or donation) are excluded from the community property and will continue to belong only to one of the spouses.
3. Intestacy and Forced Heirship Laws 3.1 Intestate Succession An individual’s estate (or left-out assets) will be dis- tributed according to the intestate succession rules in the following circumstances: • when an individual dies without a will; • if a will is declared null; • if any assets are left out of the will; or • when the heir repudiates his/her inheritance or dies before the testator. Intestate succession in Mexico is governed by the civil code of the corresponding state; see 2.1 Determin- ing Domicile . Although each state has its own civil code, the general principles are consistent with those of the Federal Civil Code. Answers in this section are based on the Federal Civil Code as well as the state civil codes. The civil codes establish a hierarchical order of heirs. Descendants (children and, by right of representation, grandchildren and further descendants) are the prima- ry heirs, and inherit equally. If there are no descend- ants, ascendants (parents, then grandparents) inherit. The surviving spouse or recognised concubino/con- cubina (common law partner) inherits alongside the deceased’s children, receiving a share equal to that of one child, provided that he/she has no assets or if his/her assets are worth less than those he/she would inherit. In the absence of all of the above, collateral relatives (siblings, nephews, nieces) may inherit. If no family members exist, the estate passes to a public institution designated by law (typically the state’s wel- fare authority or the Beneficencia Pública ). 3.2 Forced Heirship There are no forced heirship rules in Mexico. Howev- er, as discussed in 1.1 Social and Cultural Attitudes , Mexican laws limit testamentary freedom through post-mortem alimony obligations to certain family dependents who must be provided for through the estate. Economic dependents left out of a will, or not
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