Fast Answers to 6 Questions About Wills in Nicaragua

A former client of ours recently contacted us from the United States. He was calling to share the sad news that his wife had passed.

Together this couple owned a lot here in San Juan del Sur. They eventually planned to build a home on it. But with the sudden and unexpected loss of his wife our client has now decided he wants to sell the land.

I was happy to list the lot for our client, but we faced a problem.

This couple didn’t have a will in Nicaragua.

And so now the husband is going through a long drawn out — and very costly process — in the US so he can sell the property.

It was this phone call that prompted us to move forward with research on wills in Nicaragua. And subsequently prepare one of our own.

Here are fast answers to 6 questions about wills in Nicaragua.

Who should have a will in Nicaragua?

Anyone who owns property, a business or other assets in Nicaragua should have an in-country will. If you have a Nicaraguan will there is no probate. Assignment of your assets is a very simple transfer.

NOTE: If you die any power of attorney you had in place dies with you.

Is it difficult to have a will from another country carried out in Nicaragua?

In Nicaragua a will from another country may be honored, but not without jumping through a few hoops first. All legal documents from outside the country must be apostilled and translated before they will be accepted.

Some wills in the United States may be quite vague and only state, “I bequeath all worldly possessions to “Tommy Boy”. But in Nicaraguan wills are very specific. They include a detailed list of every asset including registration numbers for land and vehicles.

What is involved in preparing a will in Nicaragua?

In Nicaragua wills must be prepared by a notary. A notary in Nicaragua is also a lawyer and licensed by the Nicaraguan Supreme Court.

To prepare a will your notary will need the following:

• A copy of your passport or cédula (residency card)
• A copy of your beneficiary’s passport or cédula
• Escritura (property deed) for each of your assets
• 3 witnesses

NOTE: All witnesses must be residents of Nicaragua. For each witness you’ll need to provide their marital status, occupation and a copy of their cédula. Your beneficiary cannot act as a witness.

It’s also a good idea to have a writing (separate from your Nicaraguan will) of your final wishes. Make sure your loved ones know where you have this information documented so they can access it at the appropriate time.

How is Nicaraguan law different when it comes to assigning property after death?

When it comes to assigning property after death one difference in Nicaragua is the rights of the spouse. If a couple co-own a property in Nicaragua the survivor DOES NOT automatically receive right of ownership. In the event of death without a will in Nicaragua the heirs must start a court process.

How much does it cost to have a will made in Nicaragua?

Rates from one lawyer to another can differ greatly. But preparation of a simple straightforward will in Nicaragua typcially costs between $150 – $300 USD.

Who does In Nica Now recommend you use to prepare your Nicaraguan will?

González & Asociados

Nicaraguan Lawyer and Public Notary, Katherine González has post degrees in civil, business and family law. She also has a specialty degree in gender violence (including interfamily and human trafficking).

Katherine is fluent in both Spanish and English. She shares on office here in San Juan with her father who is also a lawyer.

Katherine acted as our lawyer for our land purchase. And we recently had her prepare our will. She has helped many friends and clients with various legal matters. She even officiated our friend’s wedding that took place here on Playa Majagual. Katherine is a great person to talk about all of the different types of residency and help you make it a reality.

To connect with Katharine click here.