Deed of Assent

[ankw]

Can anyone use simple plain language to tell me what the following paragraph means?

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The Beneficiaries have requested the Administrator to assent to the vesting of the Property in the Beneficiaries which the Administrator has agreed to do in the manner hereiafter appearing.
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Thanks ...

 

[Brendan Burgess]

The people due to inherit all the stuff from the man who died would like the house to be transferred to Johnny and Mary. The solicitor/man in charge of dealing with the will says that's grand and he'll organise that. The people due to inherit all the stuff have to write a letter to the man in charge of dealing with the stuff asking him to do that just in case they start fighting like cats afterwards and blame him for giving the house away when he had no right to do so.

 

[onq]

Not well versed in such things, but surely that's a bit premature until the estate is fully assess, in terms of outstanding loans, bills, debs, etc.

Does the administrator not not have the right to sell property to make good these debts?

ONQ.

 

[Noilheart]

I'm sure it means as follows: "The people who have been willed the property have requested the Administrator of the will to agree to give them legal title to the property and he has agreed to do this as set out below…………."

 

[j26]

"The people who are to benefit under the will (or who are the people who are entitled to the property on intestacy (no will)) want the executor to vest the property in them and the executor agrees to do this in the following way."

In law all property vests in the executor on a death. While the beneficiary may take control of the property, e.g. moving in to the house, legal title still resides with the executor. Assent is the method of passing legal title from the executor to the beneficiary so that the beneficiary is free to deal with it as s/he sees fit.

 

[RAINDODGER]

am executor and beneficary of my father`s will. It is a very simple will and should be able to take out probate myself.As a farm is being left to me i presume i dont have to give a deed of assent to myself.Wondering what happens after this with the registration of the farm into my name is it difficult?

 

[j26]

... i presume i dont have to give a deed of assent to myself.....

You should. If you don't, and you die, then the beneficiaries of your estate may well be in for a bag of hassle either getting a De Bonis Non grant of administration (very expensive), or having to apply based on posession (very long and drawn out). If you want to sell you'll have to do it as nobody will touch the property if you don't have legal title

It can be gotten around, but spare the next people the hassle and get an assent done.

Registration is easy, whether in Registry of Deeds or Land Registry. Just a couple of forms and some fees - 85 for Land Registry, and I'm not sure for Registry of Deeds, but I believe it's even less.

 

[RAINDODGER]

So does this mean i have to draft a letter to myself or is there a standard form?
Also is this letter lodged to the probate office or where does it go?As i am trying to see how much i can do myself before approaching solictor.

 

[j26]

It can be done yourself, but if you have no idea, you're better off getting a solicitor in to handle it.

One thing worse than not doing it would be to do it wrong.

 

[RAINDODGER]

Just trying to look at all my options. Don"t intend selling the farm if i get probate and will register it in my own name surely this should cover the deed of assent as i would not register it if i did not want it.
Thanks for the help

 

[putsch]

The Grant of Probate (obtained through the Probate Office) is easy enough to handle oneself in a simple case. Once there is property and deeds of assent etc you really need to pay for legal input. It may be cheap enough if you've done all the probate stuff and if the historic title is very straightforward - but that's the thing - you won't know that unless you get legal advice. I agree with poster above - do this simultaneously with the Grant - don't leave it it'll become horendously complex and expensive if you do.

 

[j26]

Just trying to look at all my options. Don"t intend selling the farm if i get probate and will register it in my own name surely this should cover the deed of assent as i would not register it if i did not want it.
Thanks for the help

Honestly, you would be better off going to a solicitor. You clearly don't understand the legalities involved. Don't forget, there may also be tax implications to what you do.

If you insist on doing it yourself, get in touch with the Probate office about extracting the Grant of Probate. Once you have that, and if it's Land Registry title have a look here. The forms involved are contained in the Land Registration Rules. If you don't understand what you're doing, and don't understand the information above, please don't mess things up and get a solicitor. If it's Registry of Deeds title you will need a solicitor.

You will know if it's Land Registry of Registry of Deeds by doing a search in the Land Registry - if it's a farm, in all likelihood it's Land Registry. That is one thing you could easily do yourself, and at least get the ball rolling. If you're in Dublin or Waterford, call into the Land Registry offices and you can find out for €2.50. If not, call into your local Courthouse and they should have a computer link to Land Registry records.

As putch suggested, you could also go about getting the Grant of Probate, but leave the drafting of deeds to the professionals.

 

[RAINDODGER]

Title deeds in bank but should be obtainable already know folio numbers.
To the best of my knowledge deeds up to date with no burdens.
Will be able to claim agricultural relief on the farm.
Find posts big help if i have to go to solictor wont be totally green.
Has there been a change to the way deeds are held in the future?

 

[Pique318]

Apparently deeds (or historic deeds in any case, going back 30+ years) aren't worth the paper they're printed on (According to my solicitor due to recent situation).
It's the Land Registry and whose name the folio is in that counts.