Chapter 18: Assents

Question 1

What is an assent?

Answer 1

A document which vests legal title to beneficiary

Question 2

When will an assent be made?

Answer 2

When PRs realise that they do not require an asset for administration and transfer it back to the beneficiary

Question 3

When will an assent date back from?

Answer 3

An assent dates back to the date of death (property is treated as having been the beneficiary’s since the date of death)

Question 4

Is an assent required for personalty?

Answer 4

No

Question 5

What kind of asset must be transferred by assent?

Answer 5

An assent of land

Question 6

What are the requirements of an assent?

Answer 6

1. In writing
2. Signed by PRs
3. Name the person to who the property is given

Question 7

If a PR is holding land as a trustee or under intestacy law, how will the legal estate be vested in the PRs?

Answer 7

The legal estate will be vested in the PRs as trustees to hold for the beneficiaries

Question 8

If the asset to be transferred is unregistered land, which two options are available to the PRs?

Answer 8

1. Apply to be the registered owner in place of the deceased
2. Transfer the property by assent to the beneficiary who will then apply to be the registered owner

Question 9

Are purchasers given protection when buying land from PRs or beneficiaries who have been given an assent?

Answer 9

Yes

Question 10

What should a purchaser insist on when buying from PRs in order to protect themselves?

Answer 10

A statement in the conveyance that no previous assent has been made