"Deed of Assent"

R

Regina Carroll

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My Father died in the late 70's.

He left a Discretionary Trust.

One undivided moiety of the land was left to my mother and the other was to one or more of his five children at my mothers discretion.

In 1981 a Deed of Assent was drawn up giving one undivided moiety to my eldest brother. The remains land remained with my mother. None of the family were made aware of these details until late 90's.
When matters were discussed it was revealed that a second Deed of Assent had been drawn up in the mid 80's again changing the detail of the original Deed of Assent.

When the acting Solicitor was questioned about this procedure he called it "Perfecting" the Deed of Assent. Can you please explain to me exactly what this term "Perfecting a Deed of Assent" means?
 
Just sounds like the original assent was incorrectly drafted or executed in some way, and a second deed was drawn up to correct it or 'perfect' it. Common enough. Doesnt mean anything untoward necessarily, just an administrative error.
 
Vanilla said:
Just sounds like the original assent was incorrectly drafted or executed in some way, and a second deed was drawn up to correct it or 'perfect' it. Common enough. Doesnt mean anything untoward necessarily, just an administrative error.
Click to expand...
 

Thank you.

Would it matter if the Original Assent was altered at a time when my mother was Bankrupt? I know that the Original Assent was not disclosed to the Official Assignee at the time, as we were told this in the late 90's after they came out of Bankruptcy.

I know that my brother could accept the gift of the land but was it correct for the then Solicitor to change or encourage my mother to change any of these details when she was Bankrupt and effectively did not own the property?

We have never see the Original Assent only a photocopy!
 
What is the real issue here? Is your mother happy with the deed of assent or has she changed her mind. Or are the other siblings unhappy that your brother benefited and not you?

A solicitor advises but takes instruction from their client- they do not encourage clients to defraud anyone, if that is what you mean.
 
Thank you.

The issue is one of "ethics" really nothing else. It's not about who gave what to whom!

I just want to know if it was correct to alter the Deed of Assent at that particular time?

Was the Solicitor acting in accordance with rules and standards for right conduct and practice?
 
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