osullivant
Registered User
- Messages
- 12
What is this gibberish about?
Are my understandings correct. ( apologies for not including the question(s) first time around)
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
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