The gift agreement can be canceled due to the gross ingratitude of the donee. The gross insult of the donor in word and deed is recognized as the ingratitude of the donee, maliciously inflicted significant damage on him and encroachment on his life, as well as leaving him in a helpless condition, if there was a possibility to help him (Article 1919 of the Civil Law of Latvia).
In the presence of one of the above circumstances, the donor may file a claim with the court demanding to cancel the donation. But you need to understand that the donor will need to provide the court with written evidence of the existence of these circumstances (for example, a protocol of an administrative offense confirming the broken property of the donor) or prove it by testimony (for example, confirmation from a neighbor living nearby that the donor who is in a helpless condition was not provided with the necessary assistance).
The right of cancellation the donation does not pass to the heirs of the donor. Therefore, relatives after the death of the donor will not be able to return the donated thing.However, If a gift is of such magnitude that the persons entitled to preferential share of the donor are deprived of their preferential shares then they may demand that the donee give them such shares. In actual practice, they are issued in money terms based on a court decision.
There is another case in the law for the return of donated property.
If a donor with no children later has children, then he or she may cancel the gift to the extent it is necessary to provide the preferential shares of the children born later.
Therefore, when applying to the court, the donor will have to prove this necessity. Otherwise, the claim may be rejected or not considered at all.
A married donor may revoke a gift made after a betrothal or during a marriage:
- if the donee’s spouse dies without any descendants;
- if the break down of the marriage with his or her actions was promoted only by the donee;
- if the marriage is declared annulled and the donor made a justifiable mistake of fact regarding the fact of marriage.
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