Succession Act 1965 section 54

Special provisions as to registered land

Section 54 sets out specific rules that apply when a personal representative assents to or transfers registered land (that is, land recorded in the Land Registry) belonging to a deceased person's estate.

  • When a personal representative assents to or transfers registered land, the documentation must follow the prescribed form required under the Registration of Title Act 1964.
  • A person claiming entitlement to a deceased registered owner's land may apply for registration, supported by the personal representative's assent or transfer in the prescribed form.
  • The Registrar of Titles is not required β€” and is not entitled β€” to enquire into the reasons behind any assent or transfer, and must assume the personal representative is acting correctly and within their powers.
  • A deceased person's will is no longer treated as a document of title to registered land; the Registrar has no responsibility for examining the will to verify that its terms are being properly interpreted.

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