Testatora gribas ierobežojumi

Abstract

The testator’s freedom in expressing his/her will per se is indisputable, however, this right of the testator is not absolute. The law grants the right to those entitled to the preferential share to claim their preferential share in case the testator has left them nothing or has left less than they are entitled to. The article analyses some aspects of the separation of the preferential share. For example, inclusion of inheritance or legatee in the preferential share, specifically considering the cases where some portion of the inheritance is located outside of Latvia, as well as the applicability of obligation to add-in what has been previously received in cases where the preferential share is claimed.