Latvian inheritance law provides three grounds for inheritance: statutory succession, wills, and inheritance contracts.
According to statutory succession, inheritance is granted to the surviving spouse and relatives of the deceased.
The relatives of the deceased inherit in a specific order, according to a defined sequence. There are four classes of statutory heirs:
- In the first class, the heirs are the closest descending relatives (children, grandchildren, etc.);
- In the second class, the heirs are the closest ascending relatives of the deceased (parents, grandparents), as well as the full siblings of the deceased and – the children of full siblings who predeceased the deceased;
- In the third class, the heirs are the half-siblings of the deceased, along with the children of half-siblings who predeceased the deceased;
- In the fourth class, the heirs are other close collateral relatives, regardless of full or half-blood relation.
Heirs in a lower class do not inherit as long as any heir in a higher class is still alive. Thus, if the deceased has surviving children and parents, the parents do not inherit if the children claim the estate.
The order of succession established by law may be modified by a will or inheritance contract.
In a will or inheritance contract, the testator can freely distribute their property, subject to the condition that the compulsory heirs receive their mandatory shares.
Compulsory heirs are the spouse and descendants, or, if none exist, the closest ascending relatives.
The main difference between an inheritance contract and a will is that an inheritance contract cannot be unilaterally terminated or revoked.
Wills can be public (drawn up at the notary’s or at the Orphan’s Court) or private (fully written and signed by the testator). Inheritance contracts are drawn up exclusively as notarial deeds at the notary’s.
If an inheritance contract involves real estate, it must be registered in the Land Register to have legal effect on third parties. In this case, the testator cannot alienate or encumber the real estate without the consent of the contractual heir.
If real estate located in Latvia is part of the estate, then regardless of the place of death of the deceased, the inheritance case must be opened with a notary in Latvia, and the inheritance process will proceed in accordance with Latvian inheritance law.
The range of legal services provided by Law Firm Inlatplus also includes services for representing the client’s interests in inheritance cases opened in Latvia.
With many years of experience and the professionalism of our specialists, Law Firm Inlatplus is ready to provide its clients, including those living outside Latvia, with services for opening an inheritance case with a Latvian notary or in court, supporting the entire process of entering into an inheritance, obtaining a certificate of inheritance and registering property rights in relation to inherited property.
Recent News
