In order to avoid embarrassing surprises on the issue of the last will, it is important to be aware of the details of leaving the legacy, which will determine who will be elected after the death of a man.

Information on the property of a person

Regardless of who and how much you own as a legacies, it is sometimes advisable, in order to decide more easily about the future fate of the properties, to review your property or do something similar to inventory.

Real estate information:

1. In order to receive information regarding the immovable properties recorded in the Land Register and to view the electronic land register of the property, visit the State Unified computerised Land Register portalZemesgramata.lv. Find the relevant information by identifying in the “My Data” section of the portal.
2. If you own buildings, units of land or engineering structures, you may receive technical data on these properties fromCadastre. This can be done on the Latvija.lv portal orKadastrs.lvusing a free e-serviceMy data in the cadastre.
3. If you want to receive information about any (not only you own) real estate recorded in the Land Register, you can use the portalZemesgramata.lvthe “Search for property” section, where details of: 1) real estate are recorded in 4 parts of the property compartment, (2) real estate owner, (3) real estate encumbrance and (4) real estate debt. The search for property may be possible by indicating the cadastre number, compartment number, address or property name. To receive the service, you must pay by using the payment system for the portal Latvija.lv.

If you are a forest owner, you can get free of charge, once a year fromNational Forest Service (VMD)up-to-date information about forest owned by you – forest inventory data if you have carried out a forest inventory every 20 years (acquisition of data on forest and adjacent swamps, forest infrastructure sites, forest overflowing clearings, swamps and lauches in a particular forest property or possession). The inventory shall be carried out by certified forest repositories at the request of the forest owner. For information, you must submit to VMD forestry, according to the area of the forest location.submission for the receipt of forest inventory data. Electronically signed you can send an application to the specific forestry e-address or an application in paper form, to be sent by post or submitted in person, or an electronically signed you can send an application to e-mail address. As a result, you will be provided with forest inventory information – indicators prints or geographic and textual data. You will be able to receive information electronically via e-address, in paper format or in e-mail, depending on the channel for requesting data. But if you want continued access to information about your forest properties/possession, you can enter into an agreement with VMD onUse of the National Forest Service Geographical Information System. Access rights will allow you to view and download forest inventory data on your forest property.

If you own a car, you can obtain information about it, such as vehicle and roadworthiness data, usingE-services of the Road Traffic and Safety Directorate.

If you have limited liability shares, an individual company, a farm of farmers or fishermen can request the current data from the portal Latvija.lv on an e-serviceRequest a certificate from the Enterprise Register vestajiem registers. In this e-service, you may also receive information about the matrimonial property agreement if you have entered into with your spouse and registered in the register of matrimonial property regimes. You must pay when executing an e-service.

If you have made savings in private pension funds, you can also leave them in your inheritance. You should be interested in the amount of these stocks in a commercial bank, insurance company or legal entities (eligible to form private funds) where you have contributed. The same applies to other stocks of non-cash.

Will

If you have decided who you want to leave your property after death, and if your wishes do not coincide with the law providing for the distribution of the inheritance after the death of a human being, then an appropriate solution to the final will is a will.

With a will, the deceased may decide on the transfer of his or her property or part of his or her property, a separate file or rights to a person or persons of his or her choice after his or her death. However, it is important to remember that the Civil Law also provides for the rights of an integral part. They are spouses and downsides (children, grandchildren, etc.), but if there are no downstream, the bottom-ups (parents) of the nearest grade. For example, if you have a spouse and children, but you will have bequeathed all your belongings to friends, the spouse and children will still be entitled to the statutory part of the value of the inheritance. 

In two ways, it is possible for the deceased to write a will, in private form and in public form.

There are two forms of wills, public and private. Both forms are of equal force, but a public will is considered to be safer.

A private will must be written by the deceased, with his own hand from beginning to end, and signed by himself. A private will cannot be made through other technical means or computer writing, as it will not be valid. Such a will shall be drawn up without witnesses.

The deceased must indicate in the will the name of the heir/i/i and preferably the personal code/i in order to enable the heir/s to be identified. The deceased must note that a private will may be stray, unfound, destroyed or falsified, and it is therefore desirable to put it in custody.

When transferring a private will to a sworn notary or Orphan's Court, it shall acquire the strength of a public will and shall not be allowed to stray. However, a sworn notary or an official of the Orphan's Court will not be able to vouch for the correctness and validity of its content.

A public will shall be made to a sworn notary or in the Orphan's Court. During the making of a public will, a sworn notary shall ascertain the identity, expressed will of the deceased and include it in the content of the will. After drawing up the will, it shall be entered in the register of public wills. A public will has been found to be particularly safe, since its strength cannot be challenged, but only a counterfeiting requirement can be brought.

The public will shall be available in the register of wills after the certification or transfer thereof, from which the deceased's nationals, by appealing to the Latvian Council of Sworn Notaries, may receive information regarding prepared wills - to know whether the deceased has drawn up the will. This service is available by contacting the Office of the Latvian Council of Sworn Notaries www.latvijasnotars.lv, using e-address, by phone (+371) 24202100 or by email info@latvijasnotars.lv.

A public will (or any document, such as a mandate) does not mean it is available to anyone. The public is called a document which, unlike a private document, including a will, is publicly credible and third parties have no doubts about its authenticity. It shall be provided by the signature, stamp print, etc. of the competent person (in this case the sworn notary).

If you need the services of a sworn notary, you can use them:

By agreeing online with any notary on the www.latvijasnotars.lv portal regarding the time of a virtual visit in video mode and electronically signing a document with a secure electronic signature (requiring a identity card (eID card) with PIN codes and a smart card reader or mobile app eParaksts mobile);

When facing a sworn notary, the contact details of all notary offices can be found in the “Search notary” section of the www.latvijasnotars.lv site;

When inviting a sworn notary to yourself, if for health reasons or for any other reason none of the above options are available to you.

If you do not remember which notary you have performed the activities related to leaving the estate by identifying in the “My Activities” section of the portal www.latvijasnotars.lv, you can check the activities you have performed with sworn notaries. This service accounts for the activities carried out since 1 July 2006 and is available free of charge.

Inheritance agreement

If you have agreed with one of the potential heirs to leave the property right after your death, then the inheritance agreement is an appropriate solution. It has a priority in relation to the will, and a will is subsequently created does not repeal the inheritance contract. You will also not be able to exclude those who are entitled to an integral part from your inheritance.

The contractual heir will not be able to reject the inheritance after the discovery of the succession, unless the right is vested in the inheritance agreement itself.

The inheritance contract shall be concluded with a sworn notary who will also register it in the Register of Testwills. You can easily use notary services remotely – online via portalLatvijasnotars.lv.

Note that you will not be able to unilaterally withdraw from the inheritance agreement. The deceased and the heir must be mutually agreed in order to be able to modify the content of the contract or to cancel the contract.

With the signing of the agreement, you will no longer be free to handle the property you have bequeathed. But the heir will also have no immediate right to the property until you are alive as a master of the estate. The contract grants the heir only the right to the succession for a period of time. If the inheritance contract relates to immovable property, it must be entered inIn the Land Register. As a general rule, the entry shall be made with a note that the deceased may dispose of, pledge or encroach immovable property belonging to him only with the agreement of the contractual heir.

Nutrition contract

Succession after human death could also be affected by a nutrition contract.

The Civil Law provides for the possibility for you (as a nutritionist) to enter into a nutritional agreement with a person (a nutritional provider) who undertakes to help you with food. Food, accommodation, clothing and grooming are usually understood in this case. By means of a nutrition contract, one party shall transfer to the other, in cash or in grain, any property value for which the other party gives him or her food while the nutritionist resides, unless otherwise specified in the contract for the duration of that obligation. For example, a grandfather can enter into a nutrition agreement with a relative, stipulating that his home is due in exchange for food and help after his grandfather's death.

Marriage contract

A marriage agreement between the spouses is also binding on the succession. In the event of a contract for the community of the spouses' property, the deceased's spouse has nothing else to prove that half of all the property and property are part of his property, which will be separated from the total inheritance.

Succession by law

Rights of succession are governed byThe Civil Law. The rules will be binding on those involved in the succession, both if you have made your last will in a will and/or inheritance agreement, and if you have not done so.

If you have excluded the rights of an integral part, such as a spouse and children, in the documents of the last will, the law will work to defend their rights. The rights of an integral part may be excluded from the integral part only afterArticles 427, 428 and 431 of the Civil Lawfor the reasons specified in the order and for reasons relevant to the truth. If you have not drawn up a wills or a succession contract during your life, your inheritance will be distributed to the legal heirs who will inherit it in the order of priority according to the law.

4 classes of legal heirs shall be distinguished in succession procedures:

1. first class: all of the closest downstream relatives of the deceased, namely children. If one of the children is dead before the inheritance leaves, his children will come to the place of such a dead child, i.e. the grandchildren of the deceased. A child not yet born at the time of the discovery of the succession may also be inherited;
2. second class: the closest bottom-up relatives (parents, grandparents) of the deceased, as well as the real siblings and sisters of the deceased and the children of his dead real siblings and sisters;
3. third class: half-brothers and half-sisters of the deceased and children of his dead half-brothers and half-sisters;
4. fourth grade - Other relatives close to the grade are inherited.

If one of the heirs of the higher class expresses a desire to inherit, the heirs of the lower class shall not mantle.

The Civil Lawthe spouses' rights of inheritance shall be governed separately. Even if the deceased spouse has not left a will or a succession contract, the legal spouse shall have the right to his or her share of the inheritance, which depends on whether and how many children the deceased has. The spouse shall have the right to the same part of the succession with children if the inheritance is accepted by fewer than 4 children. If the inheritance is accepted by more than 4 children, the spouse is entitled to ¼ of the inheritance. The spouse always inherits with the first class. But if there are no first-class heirs or they do not want to inherit — the spouse inherits with the second or third classes, such as the deceased's brothers, sisters or their children.

In a situation where the family is dead, the question of further action on the property of the deceased remains open. In this case, it would be important for the family of the deceased to know whether the deceased had expressed his last will in the will or whether there was an inheritance contract. If they do not, the succession will take place on the basis of the law.

Inheritance matter

To start the inheritance case, go to a sworn notary practising in the territory of the District Court (Riga, Kurzeme, Zemgale, Vidzeme or Latgale Regional Court), where the last declared place of residence of the deceased was. A sworn notary will launch an inheritance case.

The date of the discovery of the succession shall be deemed to be the date of the death of the deceased. Therefore, a case of inheritance with a notary may be initiated immediately after the death certificate has been received. The initiation of a succession case is recommended within one year of the death of the deceased. It will be clear to the notary whether the deceased has designed his last will in the will, in the inheritance agreement, or whether the legal heirs will inherit. In order to qualify for a succession after your family's death, you must first draw up documents attesting to your rights of succession.

If you plan to provide the necessary documents independently, prepare for submission to the notary the death certificate, the private will, if the deceased has left one (read more than this type of will under the heading “Leaving the Heritage”), the public will, if the deceased has drawn up one (available to the notary in the Register of Public wills), the marriage certificate (if you are the spouse of the deceased) or your birth certificate (if you are the child of the deceased). If the birth name has been changed, a marriage certificate or a name change certificate will be required. If the last name has been changed several times, all correspondence documents will be required to prove that the person applying for the inheritance is the same as that indicated on its birth certificate. If one of the records of the registration of a civil status act has not been retained, the legal fact of kinship shall be established in court. You may also entrust the provision of the necessary documents to a sworn notary. You may also entrust the provision of the necessary documents to a sworn notary.

The activities to be carried out with the initiation and development of the succession can also be carried out via notary services on the online portal www.latvijasnotars.lv.

If you plan to provide the necessary documents independently, prepare a certificate of death for the notary, a private will if the deceased has left one (read more about this type of will in the section “Leaving a legacy'), a public will, if the deceased has drawn up such person (available to the notary in the Register of Public wills), a marriage certificate (if you are the spouse of the deceased) or your birth certificate (if you are the child of the deceased). If the birth name has been changed, a marriage certificate or a name change certificate will be required. If the last name has been changed several times, all correspondence documents will be required to prove that the person applying for the inheritance is the same as that indicated on its birth certificate. If one of the records of the registration of a civil status act has not been retained, the legal fact of kinship shall be established in court.

If you need a re-death, marriage or birth certificate, you can use e-services on the Latvija.lv portal:

1. The death certificate or certificates from the Death Register Request,
2. A marriage certificate or certificates from the marriage register request,
3. Request for a duplicated birth certificate or a certificate from the Birth Register.

Information on civil status (birth, marriage, death) until 1919 shall be soughtLatvian National Archives.

To start a case of inheritance, go tosworn notarywho practisein the territory of the District Court(Riga, Kurzeme, Zemgale, Vidzeme or Latgale Regional Court), which was the last declared place of residence of the deceased.

If the last place of life of the deceased is not known, by the territory in which the inherited property or the main part thereof is situated. You may apply to the Office of Citizenship and Migration Affairs for information on the last address of the declared place of residence of the deceased with a request to receiveInformation from the Population Register.

The notary must also submit a list and assessment of the property to be inherited. For example, if the inheritance leaves provisions in a bank account (banks only provide such information to a sworn notary), vehicles and other movable property. For the assessment of registered movable goods, and if the inheritable property consists of an individual merchant company, individual company, farm of a farmer or fisherman, you must attractcertified assessor.

If the property to be inherited is composed of immovable property, the Cadastre information issued by the State Land Service (VZD) regarding the ownership and composition of the immovable property shall be appended to the inheritance file. The issue of information must be paidThe State fee. To find out what real estateCadastreregistered in the name of the deceased, you may request from the VZDCadastre information for the inheritance file(paid service). You may submit this information to a notary or the notary may request it yourself and obtain it from the VZD.

For the commencement of the inheritance case, the notary will draw up a succession application that you will have to sign. Notary will make sureIn the Heritage Registeror the succession case, upon the submission of another succession applicant, has not already been initiated by another notary. If the inheritance case has already been launched, the notary will send the succession application together with the documents to the sworn notary initiating the succession case and notify you thereof. The notary will also ascertain in the Register of Testwills whether the succession will or the succession contract is registered in the register.

According to the data of the deceased in the Heritage Register, you can find out whether the inheritance case has been initiated. The Heritage Register shall be a public register, which shall be carried by the Latvian Council of Sworn Notaries. Information from the register may now be received electronically or in person by means of an address to the Council. The Council can be contacted in portal www.latvijasnotars.lv, using e-address, by phone +371 24202100 or e-mail: info@latvijasnotars.lv.

If the inheritance case has not yet been initiated, you may initiate it if you have the right to inherit.

A sworn notary will notify all persons known to him or her about the announcement of the succession. However, it should be noted that the notary will not seek the heirs. If you know other potential heirs, you should notify the notary.

In an advertisement for the official publication “Latvijas Vestnesis“, a sworn notary will invite all those entitled to the succession to apply, setting a time limit of not less than three months. If the circle of heirs is unclear, a notary may prescribe a longer term. Note also that the notary will send statements regarding the advertising of the inheritance and the content of the advertisement to all known heirs (those identified by the applicant for the succession) to the address of the declared place of residence. It is therefore appropriate for potential heirs to consider whether the message at the declared address * will reach them. On the Latvija.lv portal via the Office for Citizenship and Migration (PMLP) e-servicesMy data population registerandSubmission of a declaration of a place of residenceyou can check your current declared address and change it if necessary.

There may be situations in life where relatives do not communicate with each other, or rarely do so for some reason. How do you know if one of his relatives is dead, and has he not bequeathed your inheritance? The recommended action would, of course, be to maintain regular contacts with your family, but if you are in a situation where it is necessary to check that there are no records of someone's death, you can check that person's data in the Population Register. If you know the personal identity code of your family, you can use a free e-service on the Latvija.lv portal.Verification that the person is entered in the Population Register and that there are no indications of the death of the person. On the Latvija.lv portal with a free e-serviceMy data population register, you can learn the personal codes of your parents, spouse, and children.

If you want to re-establish contacts with a living family whose address you do not know, or you do not know the family's identity code, but you know his name, surname, birth details and other information for identifying the person, use the PMLP charge serviceTransfer a letter to the person to be searched forto send a letter to your family through the institution.

Claim for inheritance and challenge of will

Bringing an inheritance action before a court may take place in a situation where disputes between the heirs are not brought to an end and the parties do not come to a single solution.

The claim for inheritance is often raised by the closest legal heirs who, for objective reasons, have missed the time limits specified for the acceptance of the succession, or have not been able to prove their inheritance rights (kinship) within that time period.

A will filed in a succession case may also be challenged in court. Only those who have been appointed as heirs to another disposition of the last will or who have been his closest legal heirs at the time of the deceased's death may challenge the will. If a sworn notary who leads an inheritance case receives a statement from the court that an action has been brought for challenging the act of the disposition of the last will, he shall suspend the proceedings in the succession case until the settlement of the dispute in court. It is essential that an action for challenging or invalidating a will may only be brought against a private will. On the other hand, only a counterfeiting dispute can be raised as a public will.

Requirement to be raisedbefore the Court of First Instance(district, city). Make the request in writing. Best look for this to correctly designlegal aid.

Once the trial has been initiated, you can keep track of it remotely by identifying it on the portalManas.tiesas.lv. As a party, you can view the data and materials of the case, including the attached rulings and audio protocols of the hearing.

Acceptance or dismissal of a succession

Upon the initiation of the succession case, the heirs must decide whether to accept or reject the inheritance. Accepting a legacy is optional. The dismissal of the succession shall not be restricted to the contractual heir who has entered into an inheritance agreement with the deceased, except where such a right has not been vested in the contract.

You may accept or reject the inheritance within the time limit specified by a sworn notary or, if such time period has not been determined, within one year from the receipt of information regarding the disclosure of the succession, by appealing to a sworn notary.

You can find out whether the discovery of the succession has been announced and a sworn notary has determined the term for the receipt of the inheritance.In the Heritage Registeror in the official editionLatvijas Vestnesisin which these advertisements are published.

The notary will, upon request, present the property specified in the inheritance case, including the obligations of the deceased, before accepting or rejecting the inheritance. It should be borne in mind that the heir will no longer have the right to give up his inheritance when expressing his desire to accept his inheritance. Therefore, it would be desirable to examine the composition of the mass of the heritage before signing the application and to make sure again that it is willing to accept it.

If you have decided to accept the inheritance due to you, you must submit an application to the notary for the acceptance of the inheritance. You can reject the inheritance by submitting to the notary regarding the application and in silence, without referring to the request to inherit. A sworn notary shall draw up a statement of the will to accept or reject a succession (a submission for succession) as a notary act. You can address the notary both in person and remotely.

Latvian sworn notary services are remotely available, portal www.latvijasnotars.lv n the “Search for a notary” section, by choosing your notary and by applying for a visit to him, the remarks shall indicate the action to be taken and the desire for an on-line appointment. After a conversation with the notary in which you will discuss the content of the application and in which the notary will find out your desire to inherit, explaining the legal consequences for you, you will be able to apply for the succession.digitally sign with secure electronic signaturein online mode. More information on notarial activities in videoconferencing is available on the website of the Latvian Council of Sworn Notaries, www.latvijasnotars.lv

If the heir is a minor, the succession shall be managed by his or her trustees, for example parents, until he or she reaches his or her age. If the minor heir does not have parents, the Orphan's Court shall appoint the guardians to whom the duties of the trustee of the succession shall also be imposed. Trustees shall be appointed by persons interested in the Heritage case and approved by the Orphan's Court. Trustees in the management and representation of the succession shall act independently and on behalf of the succession. In taking all important decisions, trustees must ask the instructions of the Orphan's Court.

Note that when you accept a legacy, you also accept the potential liabilities of the deceased, such as debts. Following disclosure of the succession case, creditors have the right to claim the payment of debts owed by the deceased. Where the discovery of the succession has been announced in the official publication “Latvijas Vestnesis', creditors must then apply for claims within the time limit announced. If no claim is made within the time limit announced, it shall be deleted.

If you have expressed a desire to accept the inheritance, the notary will issue you a certificate of inheritance after the deadline for the appointment of the succession.

If, after the death of the deceased and the publication regarding the discovery of the succession, the heirs have not come to the notary within a legal term or have not demonstrated their rights of inheritance, the property will agree (belong) to the State.State Revenue Service (SRS)accounting for the property under the jurisdiction of the State, ensuring control of its assessment, disposal, transfer free of charge, destruction and the contribution of revenue to the State budget.

If the inheritance consists of immovable property and the heirs do not enter into an inheritance distribution contract, the notary may electronically send the inheritance certificate to the State Unified Computerising Land Register in order to:In the Land Registerrecord the property rights of the heirs.

If you have inherited movable property, you must go to the appropriate authority with the Certificate of Succession, for example, to receive funds from the bank or toRoad Safety Directorate (CSDD)re-register the vehicle.

If you have inherited the capital shares of a limited liability company, you must provide the relevant statement by attaching the Certificate of Succession, to the board of the relevant limited liability company, or to the Commercial Register authority (Enterprise Register) if the limited company does not have a board of directors or refuses to make entries in the division of the register of members.

If you have inherited a farm of individual companies, farmers or fishermen, you in the Republic of LatviaIn the register of companiesan application must be made for the change of the farm owner of the individual company, farmers or fishermen, accompanied by a certificate of inheritance.

Inheritance costs

The cost of the succession depends on the degree of kinship. For example, for spouses and the heirs of the first, second and third classes who live with the succession together, the compensation of the notary is the smallest. For minors, if they inherit from their parents, the levy has been reduced by another 50%.

For the other heirs, the rates are higher depending on their class. The higher the value of the legacy, the higher the costs will be. The remuneration of sworn notaries shall be determinedCabinet Regulation No. 737 of 3 September 2013, Regulations Regarding Compensation Taxes for Sworn Notaries and Procedures for Determination thereof.

If estate is inherited, it must be paid forThe State fee. The amount of the fee, similar to that of a notary in the case of a compensation fee, depends on the heir's divorce and on whether he lived with the deceased. The fact of living together shall be determined according to the declared places of life. The amount of such national fee shall be determinedCabinet Regulation No. 1250 of 27 October 2009, Regulations Regarding the Strengthening of State Charges for Property Rights and Bale Rights in the Land Register.

In the event that the deceased and the heir have lived in each of his or her own countries, at the time of the opening of the succession, there is a question about which State's rights will be applied to the succession case.

The succession case is usually examined by the institution of the State of the European Union (EU) where the last place of residence of the deceased was situated. In most cases, this authority will apply its national law in the case of inheritance.

However, EU law allows the deceased to determine in the will that the succession case should be settled according to the law of his country of nationality, irrespective of whether it is a Member State of the EU. If the deceased has more than one nationality, he may choose from any of these countries.

The choice of the law of the State in question must be expressed clearly and unequivocally by the deceased, indicating it in the will or in a separate declaration.

The rights applicable to the succession will determine the succession of all assets, regardless of the location of the property and whether the property is movable or immovable.

Example. Your father's brother, who has lived in Germany for the last few years of life, has left you with a legacy by expressing his last will in a will. According to German law, the German authorities have expressed their desire to apply the law of the State of nationality to the succession, so the case will be examined in accordance with Latvian law.

EU rules on succession do not work in Denmark, Ireland and the United Kingdom, since these countries have not acceded to the relevant EU regulation. If the heirs want to deal with the succession case in the institutions of those countries, the choice of the deceased as regards which country's right to apply may not be taken into account. The succession is likely to be subject to the law to which the national conflict-of-law rules of those countries will be stated (which national law applies when dealing with a specific legal relationship with a cross-border nature).

The examination of the succession case in which the deceased lived outside the EU and the heirs reside in the EU is to be assessed on a case-by-case basis, as it depends on the conflict-of-law rules of the countries concerned and on international agreements binding on them.

Marriage and divorce