Chapter 18: Assets

• Assent


  An acknowledgement by the personal representatives that they do not require an asset for the purposes of administration and transfer it to a beneficiary. It relates back to the date of death, so the beneficiary is entitled to rents and other income from that date.
• Requirements for assent of personalty

  • No particular form is required, chattels pass by delivery, shares by stock transfer form
• Requirements for assent of land

  • Must be in writing, signed by the personal representatives, and name the person in whose favour it is given. The writing is needed even if the personal representative is the beneficiary. The assent operates to vest the legal estate in the named person.
• Personal representatives holding property in different capacity

  An assent is needed to formally vest the legal estate in themselves as trustees to hold for the beneficiaries
• Requirements for land assent

  • Unregistered land must be subject to first registration. For registered land, the personal representatives can either apply to be registered as the owner or transfer the property by assent to a beneficiary who will then apply to be the registered owner.
• Protection for purchasers


  • A memorandum of the assent is endorsed on the original grant. When buying from personal representatives, a purchaser should insist on a statement that no previous assent has been made. When buying from a beneficiary, an assent in their favour from personal representatives is sufficient evidence that the seller is the person entitled to the legal estate.