Frequently Asked Questions (FAQ)
Buying a house in The Netherlands
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.More information
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.More information
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.More information
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.More information
In some situations it is necessary to use the services of a notary to record matters officially. When drawing up a notarial deed, the notary takes into account the interests of all parties involved from an objective and independent perspective.More information
A notarial deed is a document in which agreements and statements are legally recorded. A notarial deed is only legally valid if it has been executed by the notary. A notarial deed is always drawn up in duplicate. Of these, one document is intended for the party involved, and the other document remains with the notary and will be archived.More information
A private deed differs from a notarial deed. It can be any agreement that does not have to be signed by a notary.More information
By signing a notarial power of attorney, you offer a person you trust, for example your partner and/or children, a good friend or a civil-law notary, the opportunity to perform legal acts on your behalf. It is possible to indicate that you only want the power of attorney to take effect when you are no longer able to perform legal acts yourself. However, a power of attorney can only be used if you are alive.More information
Gifts and inheritance
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.More information
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.More information
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.More information
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.More information
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.More information
Marriages, registered partnership and cohabitation contracts
The meaning of ‘kosten koper’ (costs buyer) is that as a buyer of a home you pay the costs related to the transfer of the property. These are the transfer tax and the notarial deeds for mortgage and transfer of the home. In addition, you will have to deal with a number of other additional costs that are sometimes also included in the buyer's costs. Some of the costs are deductible from income tax in the Netherlands.More information
In a cohabitation contract, you and your partner make agreements on which goods belong to you together and which belongings are personal. When you live together and you are not married and do not have a registered partnership, nothing has been arranged for you in law. Making agreements in a cohabitation contract is especially important if you are going to buy a house together.More information
The registered partnership is a legally regulated and recognized form of cohabitation. With a registered partnership you officially record your relationship with an officer of the civil registry. You are not married after entering into a registered partnership.More information
The only difference between a registered partnership and a marriage is that, in order to terminate a marriage, you will need to go to the court. A registered partnership can be ended without the intervention of a judge, provided no children were born into this relationship and there are no conflicts between the partners.
Questions related to businesses
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.More information
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.More information
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.More information
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.