Notarial competence

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

What types of notarial deeds can be drafted?

Powers of attorney, the digital notarial power of attorney, pre-nuptial agreements in Belgium, gifts, the will.
  1. Still valid on
  2. Last updated on

Powers of attorney

With a power of attorney, a person, "the grantor", grants another person, "the attorney", the authority to do something in his place and on his behalf.

Persons residing abroad can have their affairs managed by an attorney in Belgium by means of power of attorney.
 

The digital notarial power of attorney

The possibility exists to grant a digital power of attorney to a trusted person or to a notarial staff member in Belgium. That person can then sign a deed of sale, a deed of gift or any other notarial deed, in your place before a Belgian civil-law notary.

To do this, you must have an internet connection and an electronic Belgian identity card with the correct PIN code.

This service is also offered at numerous Belgian consular posts abroad. Please enquire with the consular post locally.
 

Pre-nuptial agreements in Belgium

The pre-nuptial agreement is a formal document whereby the prospective spouses arrange their matrimonial property regime as they choose but within the statutory limits.

The contract must be drawn up before the marriage is performed.

Spouses may also change their matrimonial property regime during the marriage.

If you wish to draw up a pre-nuptial agreement or amend an existing one, you must first contact a civil-law notary in Belgium. He or she will prepare a draft for the purpose of executing the actual deed. If both partners live abroad, this deed can be signed at the consulate where the Belgian partner is registered in the consular registers. In other cases, the partner abroad can sign a power of attorney for the conclusion of a pre-nuptial agreement before a civil-law notary in Belgium.
 

Gifts

A gift is the instrument by which a person gives an asset to another person. The donor immediately and irrevocably disposes of the item donated, for the benefit of the beneficiary, who accepts it.

If you wish to make a gift, ask a civil-law notary in Belgium to draw up a draft for the purpose of executing the deed of gift at the consulate in whose population registers you are registered.
 

The will

A will is a deed by which a person disposes of all or part of his property for the time he will no longer be alive. The will may be revoked at any time.

If you wish to make a gift, ask a civil-law notary in Belgium to draw up a draft for the purpose of executing the deed of gift at the consulate in whose population registers you are registered.