In implementation of Article 28 of Legislative Decree 71/2011, the Decree of the Ministry of Foreign Affairs of 31 October 2011 stipulates that consular offices based in Austria, Belgium, France, Germany and Latvia shall not perform notarial functions as of 1 January 2012.
This decision is based on the existence of bilateral or multilateral agreements that have abolished the need for legalisation for documents originating from these countries (e.g. Article 6 of the Brussels Convention of 25 May 1987) and on the fact that the notaries in these countries have joined the International Union of Notaries (U.I.N.L.).
The measure provides that the Head of the Consular Office shall in any case continue to receive, at the request of Italian citizens, public, secret or international wills.
He or she may also receive – subject to verification of the objective and documented impossibility for the Italian citizen to consult a notary in situ – documents of a necessary and urgent nature, when any delay could be prejudicial to the Italian citizen.
In light of the new provisions, as of 1 January 2012, notarial deeds must therefore be addressed to local notaries.
You can also consult the website of the National Council of Notaries for Italy www.notariato.it and for Belgium www.notaire.be.
For further information, please contact sociale.bruxelles@esteri.it