Inheritance and succession

Estates between Mexico and Spain: which law governs the succession

By Humberto Franco Díaz de León, Mexican lawyer (professional licence 6538816), founder of Franco & Asociados. Published on 9 October 2026.

A will made in Mexico does not, by itself, decide which law governs the estate of a Mexican national living in Spain. The starting point is a different one: the law of the State in which the deceased had their habitual residence at the time of death. That law governs the succession as a whole, and there is a decision that can be taken during life to change it.

The general rule: habitual residence, not nationality

Regulation (EU) 650/2012, which applies in Spain, provides in article 21 that the law applicable to the succession as a whole shall be the law of the State in which the deceased had their habitual residence at the time of death.

For a Mexican national who has built a life in Spain, that means Spanish law may govern the whole of their succession even if they keep their Mexican nationality and even if they made a will before a Mexican notary. Nationality on its own does not displace the rule.

The same article 21 provides for an exception: where it is exceptionally clear from all the circumstances of the case that the deceased was manifestly more closely connected with another State, the law of that other State applies. It is an exceptional outlet, not an alternative to choose from.

The decision that is yours to make

Article 22 of the Regulation allows a person to designate the law of a State whose nationality they possess at the time of making the choice or at the time of death, and article 23 specifies that the law so determined, whether by habitual residence or by choice, governs the succession as a whole.

The choice has a form: it must be made expressly in a declaration in the form of a disposition of property upon death, or be apparent from the terms of such a disposition. It is not a preference communicated to the family or a note in a private document.

For a Mexican national whose life, assets or family are split between the two countries, this choice can be the difference between an orderly succession and one that takes everyone by surprise. It is also a decision best taken deliberately and in writing, rather than left to wherever residence happens to lie on the day of death.

Mexico not being a Member State does not exclude Mexican law

It is a reasonable doubt: if the Regulation is European, can Mexican law end up applying? It can. Article 20 of the Regulation provides that the law designated by the Regulation applies whether or not it is the law of a Member State.

What does change is something else: Mexico is not a Member State of the European Union, so the recognition mechanisms provided for between Member States do not simply operate there.

Three documents that do different jobs

In an estate with paperwork in two countries, three distinct instruments are frequently mixed up. They are worth separating:

Requesting an apostille in the expectation that it will establish who the heir is, or relying on a European Certificate of Succession for a step taken in Mexico, are two versions of the same mistake.

What to review before deciding anything

  1. Where the deceased had (or has) their habitual residence, with the facts that support it.
  2. Which nationality or nationalities they hold, in case the article 22 choice is open to them.
  3. If there is a will, exactly what it says about the law applicable to the succession as a whole.
  4. Where the assets are and in which country each document will have to take effect.
  5. Which documents need an apostille and translation to be used in the other country.

Common mistakes

  1. Assuming the deceased's Mexican nationality determines the law of the succession.
  2. Supposing that a will made in Mexico settles by itself the succession of someone resident in Spain.
  3. Treating as a choice of law an intention not recorded in a disposition of property upon death.
  4. Believing the European Regulation prevents Mexican law from applying.
  5. Expecting the apostille to establish content or the status of heir.
  6. Relying on the European Certificate of Succession to produce effects outside the European Union.
  7. Leaving habitual residence to chance when life is split between two countries.

What we do

We review your succession information between Mexico and Spain (habitual residence, nationality, will and the scope of each document) and prepare the documentary work the case requires, including the apostille and translation of Mexican documents that must take effect in Spain. Set out your case in writing: we reply within 24 to 48 working hours and state the fixed fee in advance.

Sources

General information as at the date of publication. It does not replace advice on a specific case.

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