Making a will in Latvia (also a last will and testament, a will for foreigners or making a will abroad; in Latvian testaments) lets a person decide who receives their property after death, instead of the order of heirs set by law. Some older lists and lawyer pages call this service “Make a last Will & Testament”. For foreigners, the main questions are which form to use, which country’s law will apply and how a Latvian will fits with a will made at home.
Who it is for
Foreigners who own a flat, land, a company share or bank accounts in Latvia, couples of different nationalities, and residents of Latvia with property in other countries.
Forms of will in Latvia
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Public (notarial) will: a publisks testaments, made before a sworn notary (zvērināts notārs) or, in some municipalities, before the orphans’ and custody court (bāriņtiesa). It is recorded in the Register of Public Wills kept by the notaries, so it is found after death.
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Private will: written and signed by hand by the testator. It is valid without a notary, but a will that nobody finds counts as if it did not exist, so it is often deposited with a notary.
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Inheritance contract: a mantojuma līgums, a binding agreement made before a notary, which takes priority over inheritance by law.
What to watch for
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Compulsory share. A will cannot fully exclude close relatives entitled to the neatņemamā daļa; gifts made during life can count towards it.
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Choice of law. Under the EU Succession Regulation, a will can choose the law of the person’s nationality for the whole estate; without that choice, the law of the country of habitual residence applies.
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Several wills. A will made in Latvia and another made at home can contradict or revoke each other unless they are drafted together.
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Language. A will in a language the testator does not understand is open to challenge.
What a lawyer does
A lawyer reviews the property and the family situation, explains the compulsory share and the choice of law, drafts the will or the inheritance contract, prepares the visit to the notary and checks that wills in different countries work together. Related pages: inheritance, power of attorney and prenuptial agreements, which can change what a surviving spouse receives.
Questions and answers
Is a will made in another country valid in Latvia?
Often yes, if it meets the form rules of the place where it was made, or of the testator’s nationality or residence. A lawyer checks it before anyone relies on it.
Can a will be made in English?
A notary can draw up a will with an interpreter, and a translation into Latvian is used when the will is opened.
Who sees a will after death?
The notary opens it in the inheritance case; its contents are given only to the heirs, the legatees and their representatives.
Can a will be changed?
Yes, at any time while the testator has capacity, by a new will or by revoking the old one. An inheritance contract is harder to change, because it binds both sides.