International Succession in Belgium: Translating Foreign Notarial Deeds

Settling an international estate in Belgium — property in France, heirs in Morocco, accounts in Switzerland — requires translating foreign notarial deeds for Belgian notaries and courts. Wills, powers of attorney, foreign succession documents: TranslateBE translates them through NRJE-registered sworn translators with a quote within 1 hour and express delivery in 24 hours.

EU Regulation 650/2012 and the European Certificate of Succession

Since 17 August 2015, EU Regulation No. 650/2012 on international successions has applied in all EU Member States (except Denmark, Ireland and the United Kingdom). This Regulation determines which national law applies to the succession and which state has jurisdiction.

As a general rule, the applicable law is that of the state of the deceased's habitual residence at the time of death. If a Moroccan national habitually resident in Belgium dies, it is in principle Belgian succession law that applies, unless the deceased had expressly chosen the law of their nationality in a will via a "professio juris".

The Regulation also introduced the European Certificate of Succession (ECS), a document issued by the competent authority (notary, court) of the state of jurisdiction, enabling an heir, legatee or executor to prove their status and rights in all EU Member States without any additional formalities.

Documents to translate: will, death certificate, certificate of inheritance

The following documents, when drafted in a foreign language, must be translated by an NRJE-registered sworn translator to be produced before a Belgian notary or court:

• Foreign will: whether holographic (handwritten by the testator) or notarial, a will drafted abroad must be translated in full, including the foreign notary's annotations.
• Foreign succession deed (or certificate of inheritance): a document drawn up in the country of origin attesting to heir status under local law.
• Death certificate: issued by the authorities of the state where the death occurred or where the deceased was registered.
• Certificate of heirs or deed of devolution: formally establishing the identity of the legal heirs under the applicable foreign law.
• Foreign notarial power of attorney: if a foreign heir appoints a representative in Belgium to act on their behalf in the estate.
• Birth certificate of the deceased and of the heirs: to establish family ties.
• Foreign property title: if foreign real estate forms part of the estate.

Apostille and legalisation of foreign notarial deeds

Before submitting a foreign notarial deed to a Belgian notary or court, its authenticity must generally be confirmed through one of the following procedures:

• Apostille (Hague Convention of 5 October 1961): for deeds from a signatory state. The apostille is affixed by the designated authority in the country of origin (often the Ministry of Foreign Affairs or the court registry) and exempts the document from diplomatic legalisation.
• Diplomatic legalisation: for deeds from states that have not signed the Hague Convention. It requires legalisation by the Ministry of Foreign Affairs of the country of origin, then by the Belgian embassy or consulate in that country.

The sworn translation follows after the apostille or legalisation. The order matters: apostille or legalise first, translate second. TranslateBE can advise on the specific requirements depending on the country of origin of the document.

Practical cases: Franco-Belgian, Belgian-Moroccan and Belgian-Congolese estates

Franco-Belgian estate: France and Belgium are both bound by EU Regulation 650/2012. French notarial deeds are generally exempt from apostille in Franco-Belgian relations (Judicial Co-operation Convention), but a translation into Dutch or German may be required if the competent notary is Flemish or German-speaking.

Belgian-Moroccan estate: Morocco is not an EU member and applies its own family law to its nationals. Moroccan deeds (death certificate, succession deeds from the cadi, birth certificate) must be legalised by the Belgian consulate in Morocco or apostilled (Morocco is a signatory to the Hague Convention), then translated into French or Dutch by an NRJE-registered sworn translator.

Belgian-Congolese estate (DRC): the DRC has not signed the Hague Convention. Congolese deeds must therefore go through the full diplomatic legalisation process. Particular attention must be paid to the quality of Congolese civil status documents, which are sometimes difficult to obtain or authenticate.