Succession Act 1965 section 53

Special provisions as to unregistered land

Section 53 sets out the formal requirements for an assent (a document transferring a deceased person's interest in unregistered land to the person entitled to it) and the legal protections available to purchasers who subsequently buy that land.

• An assent vesting unregistered land must be in writing and signed by the personal representatives, and is treated as a conveyance for the purposes of registration of deeds and priority rules.
• Unless a contrary intention is stated, the assent is deemed to relate back to the date of the deceased's death, entitling the beneficiary to any rents and profits arising in the intervening period, provided this does not contradict the deceased's will.
• The person receiving the land may, at their own expense, require the personal representatives to register the assent or conveyance in the Registry of Deeds.
• A purchaser buying unregistered land from a beneficiary is entitled to treat the assent or conveyance by the personal representatives as conclusive proof that the beneficiary was the rightful owner, without needing to examine the underlying will or intestacy.