What Are The Inheritance Laws Applicable In Latvia?

Inheritance laws of Latvia affect everyone who owns property in Latvia.

The main laws are: The Constitution of the Republic of Latvia civil law, notarial law; Law of Civil Procedure; Act orphans courts; Registration fee and immigration law and the acts of the Cabinet.

* Everyone has the right to own property.
* The property must not be used against the public interest.
* Property rights may be restricted in accordance with law.
Civil Law of Latvia (Civillikums) was adopted in 1938 and has been strengthened step by step until 1992. Civillikums regulates the following main questions of civil law: family law, inheritance law, property rights and contract law.

* The right to enter into all rights and obligations relating to the deceased's estate is called the right of inheritance. A person who has this right is called an heir.

* Corporations that farm owner stated in his / her training in contemplation of death, making them heirs and bequeathing their properties, also has the ability to inherit. The Civil Procedure Act (Civilprocesa likums) adopted October 14, 1998, replaced the Code of Civil Procedure more.

The Civil Procedure Act regulates procedural issues at all levels of courts in Latvia. Regulations to accept an inheritance are outlined in the Code of Civil Procedure. The Civil Procedure Law provides that if the heirs have not declared their intention to accept the inheritance, creditors and legatees of the property-leaver as well as replacements and successors may submit to the court that has jurisdiction over the property in question, an application to require heirs to declare its position on the acceptance of the inheritance.

Immigration law defines the right of a foreigner to apply for a visa.

A foreign accordance with the procedures set out in the Immigration Act, has the right to apply for a visa if necessary for him / her to manage real estate in Latvia belonging to him / her, or accept an inheritance which is located Latvia.

Since Latvia joined the Schengen area, the representations of Latvia abroad have started to issue uniform or "Schengen visa" valid throughout the territory of the Schengen States. A long-stay visa is only valid for the home in Latvia, as well as for transit to other Schengen States for entry into Latvia.
Notary Act defines the succession process procedure.

A sworn notary begins the process of inheritance after the following series of comments were received:

* Acceptance of a legacy;
* Confirm the right of succession;
* The entry into force of the legal instruction of the instrument will last;
* Waiver of inheritance;
* Reading Instrument will last;
* Reject a testamentary inheritance;
* Proclamation;
* Invitation heirs;
* Protection of property.

The presenter must provide the name of the licensed property, his / her date of death and last place of residence, but if that does not know the location of the property or the major part of the property.

The law on orphan courts provides assistance to resolve succession issues and the protection of heritage.

Civil law governing intestate succession.

When there is no inheritance contract or will, or is zero, the heirs inherit under civil law. C
ivil law defines the following persons are entitled to inherit intestate succession:

* Joint
* Kin
* Adopted

The estate-leaver can express his / her intention in a contract will or inheritance.

A contractual right to inherit has priority over a derivative right to a will. An inheritance contract or will have priority over the right of inheritance based on civil law; can exist simultaneously all three types of inheritance tax.
Foreigners will have to make a contract or succession in Latvia or in a foreign state to dispose of property located in Latvia.

Any unilateral declaration that a person has followed in the case of his / her death on all or part of his / her property or property rights in Latvia, it is called will.

Public wills:

They are made public before a court or notary orphans in Latvia, or a consul of Latvia in a foreign state.

Private wills:

They can be deposited for safekeeping with a notary public or court orphans in Latvia or a Latvian consul in a foreign state. An inheritance contract is an alternative to a will.

Several parties may grant these rights to another.

Heritage exclusion is not entitled to a contract of inheritance. An inheritance contract establishes not only a personal obligation, but the legacy of their own right. An inheritance contract may be concluded by persons who have the right to enter into contracts, and have the ability to make wills and inheritance under the will. The estate-leaver should have the right to determine the disposition of his / her own property, in case of death. An heir who is appointed in accordance with the contract must have the capacity to inherit.

An inheritance contract must be certified in accordance with notary procedures. If the contract relates to real property, then it should be registered in the land registry. If the subject of a contract of inheritance is property and the contract is registered in the land register, while the property leaver is alive, then he / she can not sell, mortgage or property rights without the consent of the contractual heir.

For a property of this prior to the death to become valid in Latvia, the potential beneficiary or his / legal, should accept. If a donee agrees to accept a gift at a time when the assignor no longer has the capacity to act, then the gift is void. By agreeing to accept a gift, the donee and the heirs of the donee is entitled to request delivery of the component present, and the heirs of the grantor, for a lawsuit.

A gift may be revoked due to a donee ingratitude. The right to revoke a gift because of ingratitude will not return to the heirs of the grantor, and may not be invoked against the heirs of a thankless donee. If a gift is of such magnitude that deprive the heirs forced its preferred shares, the heirs may require the donee to give them such actions. If later, the property has increased in value, the increase is taken into account, and what is bequeathed to heirs forced instruction manual in contemplation of death.

Civil law also defines this property as granted compensation for services rendered. Minors require legal authorization to inherit.

If leaver property is a minor, then the whole contract was concluded heritage is mandatory when dealing with independent property of the minor.

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