Q&As

A testatrix leaves a residential property to her children, A and B. A and B are also the executors of her Will. It is agreed that A and her husband C will buy B’s share of the property. What is the correct method of transferring the property into the joint names of A and C? Can there be a transfer directly from A and B as executors to A and C as purchasers? Or must there be an assent from A and B as executors to A and B as beneficiaries and then a transfer to A and C as purchasers?

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Produced in partnership with Helen Galley of XXIV Old Buildings
Published on LexisPSL on 18/03/2019

The following Property Q&A Produced in partnership with Helen Galley of XXIV Old Buildings provides comprehensive and up to date legal information covering:

  • A testatrix leaves a residential property to her children, A and B. A and B are also the executors of her Will. It is agreed that A and her husband C will buy B’s share of the property. What is the correct method of transferring the property into the joint names of A and C? Can there be a transfer directly from A and B as executors to A and C as purchasers? Or must there be an assent from A and B as executors to A and B as beneficiaries and then a transfer to A and C as purchasers?

An assent is different from a transfer or conveyance because you can only assent property from the estate of someone who is deceased. In the context of real property and, in particular, registered land, an assent is used by the personal representatives to vest the property in the person or persons entitled to it on the death of the deceased. An assent will not be executed until such time as it is clear that the property in question can be transferred to the beneficiaries having paid the liabilities of the estate. No consideration is payable under an assent and it has no monetary value, so no stamp duty land tax will be payable. Thus, if a beneficiary is paying money to the estate in order for them to be able to take ownership, this is a purchase and not an assent: consequently, a transfer will be required. This situation may occur where there are debts in the estate which could only be paid out of the proceeds of the property. In that event, the benefi

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