Notarial acts

Authority to draw up notarial acts granting power of attorney

On 1 January 2012, the Consular Decree of 22 November 2011 entered into force. See https://zoek.officielebekendmakingen.nl/stb-2011-660.html. Since then, only the head of the Dutch embassy in Baghdad has been authorised to draw up notarial acts granting power of attorney (provided the requesting party is a Dutch national living in the area served by this embassy). Since 1 January 2012, no other mission has been authorised to perform notarial functions.

Authority to act as a notary

Since 1 January 2012, only the Dutch embassy in Baghdad has been fully authorised to perform notarial functions (see the hyperlink above), such as drawing up wills, cohabitation agreements, affidavits of paternity and marriage contracts. The requesting party must be a Dutch national living in the area served by this embassy.

For most notarial acts, you must first submit a draft text, prepared by a notary in the Netherlands, to the embassy in Baghdad. The embassy will then draw up your notarial act. For more information, please contact the Dutch embassy in Baghdad.

The authority to open holographic or secret wills drawn up by other Dutch missions prior to 1 January 2012  

Until 31 December 2011, Consular Decree 1981 was in force, and missions listed in article 3 had the authority to perform notarial functions. See http://wetten.overheid.nl/BWBR0003460/geldigheidsdatum_26-12-2011. Death certificates drawn up before 1 January 2012 under this decree are still kept in the records of the missions where they were drawn up. Copies of those certificates can be obtained from those missions, or if a mission has since closed down, from its legal successor. Wills held at these missions before 1 January 2001 will still be kept and may be opened there if necessary.