When Legal Protection Fails in Practice: Latvian Inheritance Proceedings

This legal research paper examines the effectiveness of legal protection in Latvian inheritance proceedings through a documented case study involving estate preservation, disputed decision-making capacity, notarial safeguards and access to judicial protection. The analysis focuses on the interaction between formal procedural requirements and the practical ability of an individual to obtain timely protection where property interests may be at risk. Particular attention is given to the division of responsibility between a sworn notary, the Latvian Council of Sworn Notaries and the courts, and to the potential institutional protection gap that may arise where individual authorities act within the formal limits of their competence while no single mechanism ensures timely factual examination and effective protection. The paper examines these issues under Latvian inheritance and notarial law, Article 6 of the European Convention on Human Rights and, where EU law is applicable, Article 47 of the Charter of Fundamental Rights of the European Union. Original documentary materials are included as annexes, with personal identifying information redacted. SSRN Abstract ID: 7418298.