Notarial competence

On this page you will find all the information concerning the notarial competence.

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Every human life is characterised by certain events that require the services of a notary (e.g. a marriage contract, alteration of a premarital agreement, cohabitation contract, legacy, purchase or sale of real estate, a mortgage, a public will or an international will, settlement of an inheritance, etc.).

Belgians living abroad can, depending on the circumstances, turn either to the competent local authority to deal with procedures concerning property and family law, or to a consular  representative, provided that their usual residence is situated within the consular jurisdiction of the post.

Only the heads of consular missions whose consular jurisdiction is situated outside the European Union, are entitled to draw up notarial deeds.

As long as they observe the competences contained in the law setting out the principle of what constitutes a 'Belgian interest', Belgium's representatives abroad are allowed to draw up notarial deeds in the same capacity as a notary in Belgium.

In all cases the condition is that they have received a draft deed from a Belgian notary.

They may refuse to act as a notary if a legal or de facto difficulty prevents them from doing so.

For additional information we refer you to the Royal Federation of Belgian Notaries

Read more on the FPS Foreign Affairs website