SCJN Annuls Advance Will Law Clauses Due to Lack of Consultation with Persons with Disabilities

According to a press release from the Supreme Court of Justice of the Nation (SCJN) dated August 19, 2026, the Plenary of the Court reaffirmed that persons with disabilities have the right to participate in the design of any regulation that directly impacts their rights and interests.

The SCJN invalidated several provisions of the Advance Will Law for the State of Chiapas, determining that they directly affected the legal capacity and rights of persons with disabilities and were approved without the corresponding prior consultation. The Supreme Court emphasized that this consultation is not a mere formality but a human right that guarantees effective participation. The Court immediately invalidated norms that conditioned the signing of an advance will document on requirements such as being "in full use of their mental faculties" or having "legal capacity to act," as well as those limiting potential representatives or witnesses.

For our firm's clients, this ruling establishes a crucial precedent. It reinforces the importance of inclusion and effective participation of persons with disabilities in legislative processes. In the realm of patrimonial protection and estate planning, it is essential to consider these principles when drafting documents such as wills or powers of attorney, especially when they involve persons with disabilities. The immediate annulment of restrictive clauses opens new perspectives for ensuring the autonomy and full exercise of the rights of our clients and their families.

Additionally, the SCJN deferred for 12 months the invalidation of provisions that included accessibility measures for persons with hearing and visual disabilities. This modulation of effects aims to prevent a legal vacuum and allow the local Congress to conduct proper consultation and issue new regulations within that period.

This content is for informational purposes only and does not constitute legal or tax advice. Each case must be analyzed individually.