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Finding a notary in the Netherlands as an expat
For expats living in the Netherlands, dealing with legal and administrative matters often means interacting with a notary. In Dutch society, notaries play an essential role in a wide range of formal procedures, including buying property, drafting wills, setting up businesses, and managing inheritance issues. Understanding what a notary does, when you might need one, and how to choose the right professional is an important step in navigating life abroad smoothly.
This guide offers a detailed look at the role of notaries in the Netherlands and what expats need to consider when seeking their services.
What does a notary do in the Netherlands?
A notaris in the Netherlands is a highly qualified legal professional authorised to draw up and officially register certain documents. Notaries are appointed by the Dutch Royal House and are subject to strict professional and ethical standards. Unlike in many other countries, Dutch notaries are neutral parties. They do not represent one side in a transaction but instead act impartially to ensure that legal documents comply with the law and that all parties understand what they are signing.
Notarial acts in the Netherlands are binding and have legal force. Once a deed is signed and registered by a notary, it becomes official and cannot be disputed in the same way as private agreements.
When might an expat need a notary?
There are several situations in which expats in the Netherlands may require the services of a notary. These often relate to significant life events or financial transactions.
Buying property
One of the most common reasons for needing a notary is the purchase of a home. In the Netherlands, the transfer of property is not legal unless it is handled by a notary. The notary will prepare and register the deed of transfer (akte van levering) and the mortgage deed (hypotheekakte), ensuring the proper transfer of ownership and registration with the Dutch Land Registry (Kadaster).
Creating a will or living will
Expats planning to stay in the Netherlands long-term may wish to make or update a will according to Dutch law. A notary can help with drafting a testament and ensuring that it aligns with local inheritance rules. It’s also possible to create a living will (levenstestament) outlining your preferences for medical care and finances if you become incapacitated.
Marriage and partnership agreements
If you are getting married or entering into a registered partnership in the Netherlands, you may choose to establish prenuptial or partnership agreements. These documents outline how assets will be divided and are often used to protect individual property. Such agreements must be notarised to be valid.
Setting up a business
When founding a private limited company (besloten vennootschap or BV), a notary is required to draft the articles of association and file the company with the Dutch Chamber of Commerce (Kamer van Koophandel). This legal structure is popular with entrepreneurs and freelancers looking for liability protection and tax efficiency.
Handling inheritance and estate matters
Following the death of a relative, a notary may be involved in verifying and executing the will, managing the distribution of assets, and advising heirs. They ensure that legal requirements are followed and can help expats navigate cross-border inheritance issues.
How to find a notary in the Netherlands
Finding a notary in the Netherlands is relatively straightforward, but choosing the right one can make a significant difference in how smooth and efficient the process feels. Notaries operate independently, and while their services are regulated, there can be variation in communication style, pricing, and areas of expertise.
Online directories and local resources
One way to find a notary is by using the official website of the Royal Dutch Notarial Association (Koninklijke Notariële Beroepsorganisatie or KNB), which offers a search tool by location and service. You can also look for notaries through municipality websites, expat forums, or referrals from estate agents, banks, or legal advisors.
Language and communication
For non-Dutch speakers, language is an important consideration. Many notaries in major cities such as Amsterdam, Rotterdam, The Hague and Utrecht are comfortable communicating in English. Some even specialise in working with international clients and understand the particular needs of expats.
When making initial contact, it’s advisable to confirm which languages the office can provide service in. Clear communication is essential, particularly for complex documents like contracts or wills.
What to consider when choosing a notary
While all notaries are legally qualified to perform a broad range of tasks, some specialise in certain areas such as real estate, family law, or corporate law. Choosing someone with relevant experience can help you receive more tailored guidance.
Cost and transparency
Notarial fees are not fixed by the government, which means costs can vary between providers. You should always ask for a quote in advance and request a breakdown of the charges, including VAT. Some notaries offer all-inclusive packages for services like property transfers, while others bill by the hour.
Location and accessibility
Although much of the notarial work involves preparing documents behind the scenes, you will need to appear in person to sign certain official acts. Choosing a notary close to your home, workplace, or the property you’re buying can save time. Check the office’s availability, opening hours, and whether appointments can be made online or outside typical business times.
The notarisation process
Once you have selected a notary, you will usually begin with an intake meeting, either in person or online. This is your opportunity to explain your situation, provide documentation, and ask questions. The notary will then draft the relevant deed(s) and schedule a formal signing appointment.
You will need to bring a valid form of identification, typically a passport or residence permit. The notary will read the deed aloud during the appointment to confirm your understanding. Once signed, the document is filed with the appropriate Dutch authority or registry.
International considerations
For expats with assets or legal obligations outside the Netherlands, notarial matters can become more complex. The Dutch notary may need to coordinate with foreign documents or provide legalisation services through the Dutch Ministry of Foreign Affairs or the relevant embassy. In some cases, dual language deeds may be necessary.
If you are dealing with international inheritance, cross-border marriage property laws, or business registration involving foreign shareholders, make sure the notary you choose has relevant international experience.
Notaries in the Netherlands are key figures in the legal landscape, providing impartial expertise and oversight during many of life’s most significant decisions. For expats, having access to a reliable and communicative notary can make complex administrative processes feel far more manageable.
By understanding the role notaries play, knowing when their services are required, and selecting the right professional based on language, location, and specialism, expats can handle important life events with confidence and clarity.
Taking the time to find a notary who fits your needs is a worthwhile step toward building a stable and well-organised life in the Netherlands.