Succession Act 1965 section 52

General provisions as to assent or transfer by personal representatives

Section 52 sets out the general rules governing how personal representatives (executors or administrators) may formally vest land belonging to a deceased person in the individuals who are entitled to receive it.

  • Personal representatives may, at any time after the death, execute a written assent or transfer to vest any estate or interest in the deceased's land in the person entitled, either subject to or free from a charge for money they are liable to pay.
  • Where an assent or transfer is made subject to a charge covering all sums the personal representatives are liable to pay, their liabilities in respect of the land cease, except for acts done or contracts entered into before the assent or transfer.
  • If personal representatives fail to transfer land to the person entitled within one year of the owner's death, the court may, on application, order the transfer and, if that order is not complied with, vest the land directly in the person entitled.
  • An assent must be in writing to be effective, no stamp duty arises on an assent, and β€” unless the court gives leave β€” all personal representatives must join in making the assent or transfer.

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