What does this regulate?
01 · UNDERSTAND
A notarial gift authentically records the transfer and acceptance. It may be advisable when you want to carefully arrange conditions, charges or reserved rights. Not every desired arrangement can be made via an ordinary bank transfer.
We first discuss the purpose and scope of your assistance. Then we examine the ownership of the assets, the position of the donee and the consequences for your own financial capacity.
A RECOGNISABLE SITUATION
You want to help one child with a purchase. We discuss whether that assistance should later be taken into account in the division among the children and how this can be clearly documented.
What requires attention?
02 · CHOOSE CONSCIOUSLY
A gift and a loan have different consequences. A gift by notarial deed is registered and may incur gift tax. A bank gift with a proof document is another procedure.
Also explain what was agreed earlier and where doubts remain. A regulation can only be appropriately developed if facts and wishes are clear.
More points to consider for your own situation
03 · YOUR INTENTION
You do not need to be able to answer all this in advance. Your doubts are also a good starting point.
Click on a question for an initial explanation or practical tip. You do not need to have an answer to everything yet.
Are you giving permanently, or do you expect repayment?
If you expect the money to be repaid later, please state this explicitly. Note whether you want to provide help without repayment, intend it as a loan, or are still unsure. This is the starting point for the correct arrangements.
What amount can you afford to give without limiting your own plans?
Write down your planned expenses, monthly costs, and care reserve. Do not choose an amount solely based on the current balance in your account.
What conditions do you wish to attach to the assistance?
Note what is essential for you: retaining income, supporting a specific purpose, or making arrangements in case of death. Have a look beforehand at which conditions are possible and how they should be recorded.
How does this fit with previous gifts and other children?
Make an overview per child of earlier assistance and add the corresponding documents. Describe later what you would consider fair; the legal implementation will be discussed on the basis of that information.
Are the funds solely yours or also your partner's?
Note the origin of the money, for example income, an inheritance or sale. Bring your marriage contract if you have one. The name on the account does not necessarily tell the full story about ownership.
What do we need, and why?
04 · PREPARATION
Bring what you already have. We will agree on any additional documents the office needs to request. The final list depends on your file.
Identity and contact details
To correctly identify the persons involved and their capacity. Provide identity documents via the channel we agree with you.
Overview of the goods to be gifted and their value
To describe the gift precisely.
Proof of ownership and origin of funds
To assess disposal authority and required controls.
Previous gift deeds and proof documents
To consider the new gift in context.
Data of recipients and family situation
To formulate the chosen conditions enforceably.
Is something missing? Mention it in your application. An initial meeting does not have to wait until you have gathered everything yourself.
What does NotaLegal do for you?
05 · GUIDANCE
We discuss the suitable form, draft the agreements and explain the civil-law and tax consequences. You will see before signing what you transfer and what the recipient must comply with.
You will receive a draft for discussion. We review your questions and agree the final version before signing. Afterwards, we explain which preservation, registration or further execution applies to your document.
Know in advance what to expect.
06 · FEES
Statutory tariff where legally established
For deeds with a legally established fee, we apply that tariff. The total settlement also includes, depending on the file, taxes, dossier costs, third-party expenses and VAT. For services without a legally established fee, we agree the remuneration in advance.
You will receive a clear explanation in advance regarding the costs of your transaction. We discuss the services your file requires and distinguish between fee, taxes and other costs.
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Substantive background: notaris.be · Gift brochure
General explanation for preparing your meeting. Foreign ties, previous documents and your concrete situation may change the outcome. Sources and legal explanation.