Civil law governs intestate

If this place is not known, or if the deceased died outside Latvia, then the submission must be received by a sworn notary in the location of the estate, or the principal share of the estate. The submitter must indicate the name of the estate-leaver, his/her date of death and last place of residence, but if this is not known, the location of the estate or the principal share of the estate.

The Law on Orphan’s Courts provides for assistance in the settlement of inheritance matters and the protection of inheritance.

In parishes and such cities not having a sworn notary, as well as in counties, except a city of an administrative centre if it has a sworn notary, an Orphan’s court, in cases provided for by the Civil Law, may provide assistance in the settlement of inheritance issues, and also the protection of inheritance, as well as making certifications and performing other tasks.

Civil law governs intestate succession.

When there is no inheritance contract or will, or if it is void, the heirs inherit pursuant to Civil law. If an instruction in contemplation of death exists but was given or remains valid for only one share of the estate, the remaining shares pass in accordance with the procedures of intestate succession.

Civil law defines the following persons are entitled to inherit by intestate succession:

* spouse
* kin
* adoptees

The estate-leaver may express his/her intent in a will or inheritance contract.

A contractual right to inherit has priority over a right derived from a will. An inheritance contract or will has priority over an inheritance right based on Civil law; all three kinds of inheritance rights may exist simultaneously.
Foreign nationals should make a will or inheritance contract in Latvia, or in a foreign state, to dispose of property located in Latvia.

Any unilateral instruction which a person has given in case of his/her death regarding all or part of his/her property or property rights in Latvia, is called a will. A testator may revoke, amend or add to a will at any time. The three types of will are public, private, and oral.
Public wills:

Are made before a notary public or an Orphan’s court in Latvia, or a Consul of Latvia in a foreign state. A public will is made in the presence of the testator with the participation of two witnesses.
Private wills:

May be deposited for safekeeping with a notary public or an Orphan’s court in Latvia, or with a Latvian Consul in a foreign state. When accepting a will for safekeeping the identity of the testator must be verified.

For a private will to be valid it must be prepared by the estate-leaver and correctly reflect his/her last intent. A private will can be made in any language. A written private will need not necessarily be written by a testator him/herself, but he/she must sign it in the presence of the witnesses or must declare to the witnesses that he/she has signed it in person. If the testator is illiterate or is unable to write, then a third person may sign in his/her place, and this must be mentioned in the will itself, and confirmed by the two witnesses.

Leave a Reply

Your email address will not be published. Required fields are marked *