The Nature Of An Assent

[osullivant]

Please tell me if I appear from the following, to correctly understand the nature of an assent:

My understanding is that; an assent is just a sort of confirmation that the executors themselves, have no objection to the property being registered in the name of the beneficiary.

If I have a correct understanding of the above, please tell me if the following is a correct statement of the law:.
"In the case of registered land it is not necessary to have possession of the title documents, in order to grant a valid assent. "


If I appear from the foregoing, to have a correct understanding of things, is it true to say that

" if a third party questioned the rights of the deceased to the property, It would not be necessary ( in the strictest sense of the word) for the executors to have that question resolved prior to granting an assent"

Apologies for the lack of clarity in the previous version (s).

 

[ajapale]

What is this gibberish about?

 

[osullivant]

What is this gibberish about?

Apologies for being mortal.

 

[ajapale]

Ok, but what is your question?

 

[Ravima]

is this why there is nothing certain in law, but expense?

 

[rayn]

Very difficult on Croagh Patrick I think!!

 

[Bronte]

Are my understandings correct. ( apologies for not including the question(s) first time around)

Welcome to AAM. Apparently you've modified this first post/question, but you'll have to redo it. As Ajapale says it's incomprehensible.

 

[j26]

Hi
Q1 - no, on death all property of the deceased vests in the executor. The assent is vesting legal title in the beneficiary, so the assent is the actual passing of legal title - far more than just a confirmation.

Q2 - in the case of registered land, you do not have the original title documents. The Property Registration Authority inspects the documents and decides on their legal effect, registering the net effect on a folio (who the new owner is, mortgages etc). Since the folio is a computer database, the best you can ever get is a copy of it. So the issue of having original deeds doesn't arise.

Q3 - sorry, lost me on that one.

 

[osullivant]

Thanks for the reply, things are getting a bit clearer..

Hi
Q1 - no, on death all property of the deceased vests in the executor. The assent is vesting legal title in the beneficiary, so the assent is the actual passing of legal title - far more than just a confirmation. ( I am aware what an assent does, but the nature of it is what I am after, I have been googleing and looking at a few books and I think it does function as a confirmation that the executors do not need the property for the administration of the estate and that they have no objection to the title being registered in line with the will.

Q2 - in the case of registered land, you do not have the original title documents. The Property Registration Authority inspects the documents and decides on their legal effect, registering the net effect on a folio (who the new owner is, mortgages etc). Since the folio is a computer database, the best you can ever get is a copy of it. So the issue of having original deeds doesn't arise.

Q3 - sorry, lost me on that one............ what I am getting at is, an executor bringing a case for slander on the title against a 3rd party, and then this case being used as an excuse to not provide an assent, my thoughts are that they could/should provide an assent with notice of the claim