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Notary expertise

COVID-19 crisis and digital notarial power of attorney

In the context of the fight against the spread of the coronavirus COVID-19, since 04.05.2020, the Belgian citizen has the possibility to issue a digital power of attorney to a confidential adviser or to a notarial employee to enable the latter to sign a deed of purchase, a gift deed or another notarial deed on his/her behalf with a Belgian notary (Law containing various provisions on justice and notary in the context of the fight against the spread of the corona virus COVID-19 dated 30.04.2020 – Belgisch staatsblad 04.05.2020).

However, it is required that the citizen / proxy giver, who can be located in Belgium or abroad, disposes of an internet connection, an electronic identity card with the correct pin code or the ¨itsme¨ app.  These tools allow the citizen to give  a digital power of attorney to a notarial employee or a confidential counselor in Belgium who will then sign the deed on his/her behalf.

Notarial Deed - general

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.