Frequently Asked Questions (FAQ)

In a purchase agreement, the buyer and seller stipulate that the house will become the property of the buyer under certain conditions, against payment of a certain price and on an agreed date. Ownership of a property is transferred by a deed of transfer.

A deed of transfer is a notarial deed whereby the buyer of an immovable property actually becomes the owner of the property. When the purchase agreement has been signed, you are not yet the owner of an immovable property. To become the owner of the house, the house must be delivered to you. This transfer takes place by means of a notarial deed of transfer.

When buying a house, often you’ll need a loan from a professional lender, usually a bank. The bank then acquires the so-called right of mortgage and your house serves as collateral. Of course, your income must be sufficient to be able to repay the mortgage.

An apartment right is a share in the ownership of an apartment building or a piece of land with the exclusive right to use a certain part (your private part). This private part is often the home, but it can also be an associated storage room or parking space, for which a separate apartment right has been created. An apartment right is created by dividing a building into smaller user spaces. Legally, this is called a division into apartment rights. Division into apartment rights takes place by means of a notarial deed of division.

There are many things to consider when buying a house in the Netherlands. We’d like to make it easier for you. Below you will find an overview of the most important steps in the process:

The first step is to create a top 5 list that includes the most important requirements for a suitable home for you. This will make it easier to search for available homes in a more targeted way.

You can decide for yourself who gets your belongings after your death. Your inheritance includes your assets and possessions, but also your debts after death. You could have your wishes recorded in your will.

A will should be drawn up by a civil law notary. The notary takes care of registering the will with the Central Wills Register to ensure that your wishes are clear after your death. We are happy to advise you on drafting or amending a will and including various provisions and regulations.

A codicil is a document handwritten, dated and signed by yourself in which you can determine to leave clearly described specific items (never money) to people you have chosen. The disadvantage of such a document is that after your death this piece of paper among your goods in the house is easily overlooked - consciously or not. It is therefore preferable to formally record these matters in a will.

In a living will you have your wishes recorded for the situation in which you are no longer able to arrange things yourself. This can happen, for example, due to an accident or illness. In a living will you can designate someone who represents your interests. The difference with a will is that a will only takes effect after death and the living will applies to situations during your life.

A ‘verklaring van erfrecht’ can be translated as a certificate of inheritance. This is a document stating who the heirs of an inheritance are. With the certificate of inheritance, the heirs can demonstrate that they are entitled to access the bank balance of the deceased. The bank will be able to inform you in which cases a certificate of inheritance is required.

A certificate of inheritance specifies who may act on behalf of the heirs of a deceased person. With this statement you can make payments, withdraw money and perform other necessary actions.

To have a certificate of inheritance drawn up, please feel free to make an appointment via: 040-2448855.

Anyone who inherits may be subject to inheritance tax. The amount of tax to be paid depends on the size of the inheritance and on the relationship with the deceased. The law has (broad) exemptions when it comes to inheritance tax. These exemptions are adjusted every year. 

As soon as a donation is more than just a minor gift, legal and tax aspects come into play. For example, it is often a good idea to give during your lifetime considering the tax advantages, both for giving to family members or donating to charities. In addition to giving money, it is also possible to donate in other ways, for example by give a car or a house, selling a house below market value, an interest-free loan and paying an annuity.

In the Netherlands, several rules apply with regard to donations. After a certain treshold, tax has to be paid on a donation. Parents are allowed to donate an amount of money tax-free to each child every year. If you do not exceed this amount, you are not required to report this gift with the tax authorities.

If you want to start a business, there are many choices to be made and exciting times are ahead. Marks Wachters notarissen can support you in this process. We can help you to choose the most suitable legal form and advise you on how to manage the legal organization. We would be happy to point out the opportunities and pitfalls, to ensure a good start of your business.

Every business needs a legal form. The best legal structure for your business depends on a number of factors. For example, whether you start a company alone or together with one or more business partners plays a role, which control ratio you prefer, but also tax benefits.

A private limited company (BV) is a cooperative venture of shareholders. On incorporation, shares are issued to the incorporator(s) or to other parties contributing money or assets. The shares are registered.

The incorporation of a private limited company has to occur via a deed of incorporation at a civil law notary. Marks Wachters will be able to take the required steps such as drawing up a deed of incorporation, starting a shareholders’ register, registering the company at the Chamber of Commerce (often only 3 hours after incorporation), opening a bank account at your bank and administrative handling.

Pursuant to the Dutch Money Laundering and Terrorist Financing Prevention Act (WWFT), civil-law notaries are obliged to conduct customer due diligence. All clients must first personally identify themselves and have their identity verified with the help of a valid and original identity document. For legal entities such as an association, foundation or BV, the ultimate beneficial owner has to be verified. Therefore, we ask our business clients to provide a UBO statement.