The Self-Proving Affidavit is a crucial document in Belgian estate planning and document authentication processes. It is typically created simultaneously with or shortly after the execution of a will or testament, though it can also be created for other important documents requiring formal authentication. The affidavit includes detailed information about the document's execution, including the mental capacity of the testator, the presence of witnesses, and compliance with all legal formalities required under Belgian law. This document significantly simplifies future legal proceedings by providing pre-authenticated evidence of proper document execution, particularly important in probate matters. The Self-Proving Affidavit must be executed before a Belgian notary public and requires at least two witnesses, with additional requirements varying by region and language territory within Belgium.
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1. Title and Date: Formal title of the document as a Self-Proving Affidavit (in French/Dutch as required) and the date of execution
2. Notary Identification: Full identification of the notary public, including their office address and professional registration details
3. Appearance of Parties: Identification of all appearing parties including the testator (if living) and/or witnesses, with their full legal names, addresses, and identification numbers
4. Purpose Declaration: Clear statement of the purpose of the affidavit and identification of the document being authenticated
5. Witness Declarations: Formal declarations by witnesses confirming their presence at the signing of the original document and their observation of the testator's signature
6. Capacity Statement: Declaration regarding the testator's mental capacity and voluntary execution at the time of the original document signing
7. Oath Statement: Formal oath or affirmation by all parties regarding the truthfulness of their statements
8. Execution Block: Signature section for all parties, witnesses, and the notary, including official seal
1. Translator Certification: Required when the document needs to be in multiple languages or when any party requires translation
2. Additional Witness Statements: Used when there are special circumstances to be documented or when additional witnesses beyond the minimum requirement were present
3. Electronic Execution Statement: Required when the affidavit is being executed electronically under the Law of 4 April 2019
4. Medical Opinion Reference: Optional section referring to attached medical opinions regarding testator's capacity, if relevant
5. Prior Documents Reference: Used when the affidavit relates to amendments or codicils to reference previous documents
1. Identity Documents: Copies of official identification documents of all signing parties
2. Original Document: Copy of the document being authenticated (typically the will or testament)
3. Witness Credentials: If required, documentation proving witnesses meet legal requirements
4. Translation Certificates: Official translations of the affidavit if executed in multiple languages
5. Medical Certificates: If applicable, medical opinions or certificates regarding testator's capacity
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