Estate Planning as a Career

Latvia’s inheritance laws affect everyone who owns property in Latvia.

The main laws are: The Constitution of the Republic of Latvia, Civil Law, Notary law; Civil Procedure Law; Law On Orphan’s Courts; Land Register Law and Immigration Law and acts of the Cabinet of Ministers.

Latvia’s constitution “Satversme” adopted in 1922 provides that:

* Foreign nationals are not treated differently, and are subject to the same laws as the citizens of Latvia.

* Everyone has the right to own property.

* Property shall not be used contrary to the interests of the public.

* Property rights may be restricted only in accordance with law.

* Expropriation of property for public purposes shall be allowed only in exceptional cases on the basis of a specific law and in return for fair compensation.

The Civil Law of Latvia (Civillikums) was adopted in 1938 and was reinforced step by step until 1992. Civillikums regulates the following main issues of civil legislation: Family Law, Inheritance Law, Property Law and Law on Obligations.

The Civil Law states that:

* A whole estate comprises all immovable property located in Latvia which may be transferred to others, and which, at the time of death, was owned by the deceased (who is called an estate-leaver).

* The right to enter into the whole of the rights and obligations pertaining to the estate of the deceased is called the right of inheritance. A person who has such a right is called an heir.

* Legal persons who the estate-leaver has affirmed in his/her instruction in contemplation of death, by making them heirs, and bequeathing them property, also have the capacity to inherit. Such legal persons, upon their affirmation or general registration, are considered as heirs from the day the succession is opened.

The Civil Procedure Law (Civilprocesa likums) adop (more…)