I care for my grandmother, although I have been disabled since birth. The only relative I have is my half-brother (the grandmother's grandson). My grandmother entered into a lifelong maintenance agreement with him in exchange for his promise to provide financial and physical assistance, but he does nothing for us. Our two pensions barely cover our living expenses.
Is it possible to legally compel my brother to at least pay some money (I won't even mention physical assistance)? Reader of bb.lv.
Answers Richard Bunkas, Chairman of the Latvian Association of Lawyers:
– If the lifelong maintenance agreement is violated, the party to whom this agreement is not being fulfilled can demand its termination. The termination procedure can be carried out out of court; if the other party agrees to terminate the agreement, the court will not be needed.
However, this is very rare; at least, I have not heard of both parties voluntarily agreeing to terminate a lifelong maintenance agreement. And if the other party does not agree, it is necessary to file a lawsuit in court, and then the court – again, if the plaintiff's arguments are deemed justified – will forcibly terminate this agreement by its decision.
Moreover, if the defendant did not fulfill any financial obligations towards the plaintiff while the agreement was in effect, the court may issue a decision to recover from the defendant the amount that the defendant was supposed to provide to the plaintiff under the lifelong maintenance agreement.
