Assent of assets by personal representatives


Published by a UUÂãÁÄÖ±²¥ Private Client expert
Practice notes

Assent of assets by personal representatives


Published by a UUÂãÁÄÖ±²¥ Private Client expert

Practice notes
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Personal representatives (PRs) can transfer assets to beneficiaries in any way that would also be available for the lifetime transfer of such property.

In addition, there is a further method of transfer that is only available to PRs: the assent.

Assent of pure personalty

An assent is an indication by the PRs that they do not require an asset for estate administration purposes and that the property may pass to the beneficiary entitled under the testator's Will.

No formality is required for an assent of pure personalty. It may be:

  1. •

    in writing

  2. •

    made orally, or

  3. •

    implied from conduct

The effect of an assent is to activate the gift of the property to the beneficiary. Further formalities to transfer the legal title in the property to the beneficiary must also be complied with where necessary.

Once the PRs have assented an asset effectively, they hold the property concerned on trust to carry out these further requirements.

In the case of some assets, verbal assent or even the fact of the PRs allowing

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United Kingdom
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Key definition:
Assent definition
What does Assent mean?

A method of transfer of estate property only available to personal representatives (PRs). An assent activates the gift of estate property to the beneficiary and, after assent, the PRs hold the asset on trust for the beneficiary until any further formalities to transfer the legal title have been complied with.

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