LKL Zvērinātu advokātu birojs :: Inheritance rights
13-2 Stabu iela, Riga, LV-1010
Office phone:
(+371) 67298570, (+371) 67502062
(+371) 29406858, (+371) 29230909
E-mail: info(at)lkl.lv

Inheritance rights

The Law Firm represents client interests in inheritance matters.

Estate is the whole, which comprises all movable and immovable property, as well as transferable rights and obligations, which may be transferred to others and which, at the actual legally presumed time of death, were owned by the deceased or the person legally presumed dead. In this context the deceased or the person legally presumed dead shall be called an estate-leaver.

An estate is a legal entity. An estate may acquire rights and assume obligations.

Transfer of an estate is governed by inheritance law. It is in existence from times immemorial and historically is closely linked with the development of private property. It has high significance in the life of society. Should there be no inheritance rights, debtors of the deceased would escape from debts, but creditors would not be able to exercise their rights to the property of the deceased; such property would be abandoned. In accordance with inheritance law, all property of the deceased, the rights and the obligations thereof, except for personal belongings, pass to heirs.

Inheritance law is closely connected with family law. Inheritance rights were already provided for in the Law of the Twelve Tables. The core of the Roman inheritance rights is the so-called universal succession, which means that heirs enter into the legal position instead of the deceased (defunct). The historic origin of universal succession is related to ancient Roman family. Concurrent to universal succession, Roman law also recognised singular succession – legacy of property to individuals outside the universal inheritance procedure.

Inheritance rights are the rights of an entity (natural person) to express his/her last will; if not expressed it is presumed by law as legal succession.

As a result of succession, both the estate assets and liabilities pass over to an heir. Everything that makes and increases the estate value is called the estate assets; everything that decreases the estate value is called the estate liabilities.