Assent of assets by personal representative
Assent of assets by personal representative

The following Wills & Probate practice note provides comprehensive and up to date legal information covering:

  • Assent of assets by personal representative
  • Assent by personal representative
  • Assent of pure personalty
  • Stock transfer forms
  • Letters of request
  • Government securities registered on the National Savings Register
  • Bank and building society accounts
  • Copyrights and royalties
  • The power to assent land
  • Form of assent of land
  • More...

Assent by personal representative

Personal representatives (PRs) can transfer assets to beneficiaries in any way appropriate for the lifetime transfer of such property.

There is an alternative method of transfer that is only available to PRs: the assent.

Assent of pure personalty

An assent is an indication by the PRs that they do not require an asset for administration purposes and that, that property may pass to the beneficiary entitled under the testator's Will.

No formality is required for an assent of pure personalty. It may be:

  1. in writing

  2. made orally

  3. implied from conduct

The effect of an assent is to activate the gift of the property to the beneficiary. Further formalities to transfer the legal title in the property to the beneficiary must also be complied with.

Once the PRs have effectively assented, they hold the property concerned on trust to carry out these further requirements.

Stock transfer forms

The legal title to stocks, shares, unit trust units and local authority securities must be transferred to the beneficiary by stock transfer forms:

  1. signed by the PRs and

  2. using a separate form for each holding

If the form is appropriately certified on the reverse side, no stamp duty will be payable.

Before submitting the registration form the PRs must enquire whether the beneficiary wishes the dividends or interest to be paid direct into their bank account. If yes, prepare the appropriate dividend mandate form, either:

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