How is a will drawn up and can I register it?
Last update: 10/3/2012
Anyone who wishes to have a will drawn up must respect specific forms. Latvian law has, among others, the following forms of wills:
- the authentic will, issued by the notary (notarial will);
- the holographic will which must be entirely written by the hand of the testator and signed by him/her;
- the will drawn up by the testator and lodged with the civil law notary;
- the written or typed will, done in the presence of two witnesses.
In a cross-border situation, a testamentary disposition is recognised as valid in form only if it does not conflict with the internal law, so Latvian law.
There is no register of wills in Latvia.
Information about how to keep, to register and to search for a will are also available on the website of the European Network of Register of Wills Association (ENRWA) in the section “Information sheet”.
Detailed information
What are the conditions governing the validity of a will as regards its form and substance?
The authenticity of a public will may not be doubted; only a dispute of forgery may be raised against such a will. (Civil law, Art. 443). For a private will to be valid there must be conviction that it has been prepared by the deceased and that it correctly reflects his/her last intent. (Civil law, Art. 445). For this purpose at least two trustworthy witnesses must be present when a private will is made. (Civil law, Art. 446).
The authenticity of a written private will shall be presumed as proved if its still living witnesses acknowledge their signatures, but if there are no witnesses, then the authenticity may be proved by other means. (Civil law, Art. 614).
Forms of will: the authentic will, drawn up by a civil law notary, by an Orphan’s court or by consular department in Embassies abroad; the holographic will, written by the testator himself; the will made before witnesses (or “private will”), written or not by the testator himself and signed in the presence of two witnesses.
What are the conditions governing the validity of a will drawn up in another State?
The legalisation of a public document issued in foreign states, if this is anticipated for utilisation in Latvia, shall be performed by the authorised officials of the diplomatic and consular service. (Document Legalisation Law, Art. 4.)
In order for a public document issued in a foreign state to have the force of a public document in Latvia, it shall be legalised. (Document Legalisation Law, Art. 10.)
Are agreements relating to a future inheritance authorised? Who can conclude such an agreement? What form must be respected?
Contractual inheritance shall be founded by a contact pursuant to which one party grants the rights to his/her future inheritance, or a part of it, to another party, or several parties grant such rights to each other. Such a contact is termed an inheritance contact. (Civil law, Art. 639). An inheritance contact must be certified in agreement with notarial procedures. (Civil law, Art. 643).
Are there other possibilities for settling a succession?
Latvian law provides an intestate succession, a testamentary inheritance and a contractual inheritance. The basis of the invitation to inherit shall be the lawfully expressed intent of the deceased or law. The deceased may express his/her intent in a will or an inheritance contract. (Civil law, Art. 389).
How and where can I register a will? What is the effect of registration?
A register of wills does not exist in Latvia.
