For a gift of property prior to death to become valid in Latvia, the prospective donee, or his/her legal representative, must accept it. If a donee agrees https://nasledstvo.today/ to accept a gift at a time when the grantor no longer has the capacity to act, then the gift is considered void. By agreeing to accept a gift, the donee, as well as the heirs of the donee, have the right to claim the delivery of the gift from the grantor, as well as from the heirs of the grantor, by court action.
A gift may be revoked due to the ingratitude of a donee. Ingratitude consists of gross insults or acts towards the grantor, substantial financial loss deliberately inflicted upon the grantor, endangerment of the grantor’s life, and/or abandonment of the grantor in a helpless condition if it was possible to provide assistance.
The right to revoke a gift due to ingratitude does not devolve to the heirs of the grantor, and also may not be invoked against the heirs of an ungrateful donee. The grantor may only bring an action in personam against the donee to return the property itself along with all its appurtenances and fruits, but then only while the gift is still part of the donee’s property, or at least while the donee is still benefiting from the gift. If in the meantime, but still before bringing the action, the donee encumbers the gift with certain property rights, and then the grantor who revokes the gift must consider them to be in effect.
If a gift is of such magnitude that it deprives forced heirs of their preferential shares, then the heirs may demand that the donee give them such shares. The preferential shares are calculated based on the grantor’s financial state at the time of making the gift. If later, such property has increased in value, then this increase is taken into account, as well as that which is bequeathed to the forced heirs by instructions in contemplation of death.
Civil law also defines gifts as property granted in remuneration for services provided. Such gifts may not be revoked due to ingratitude.
Minors require legal consent to inherit.
If an heir appointed in a contract or will is a minor, then, for the transaction to have legal effect, the consent of a guardian or the Orphan’s court is necessary.
If the estate-leaver is a minor, then any inheritance contract which has been entered into is binding only if it concerns the minor’s independent property.