We have looked at various property elements of probate practice over the past number of weeks and today is no different. It relates to assents of unregistered title. An unregistered title assent is no different in many ways to a normal unregistered deed (be that conveyance, assignment etc), in that it will set out the parties and devolution of title will be set out in the recitals. The recitals will then refer to the death of the owner, the will, the grant of probate and the appointment of the executor. The operative part of the deed will contain the following words

A.B. hereby ASSENTS the Property to C.D.

This wording is similar to that used in Mary Laffoy precedents and in particular Q.2.6.

The wording in Appendix H of Brian Speirin’s text Succession Act 1965 and Related Legislation: A Commentary (5th edition) would follow a similar formula, except for the addition of the words in square brackets

A.B hereby ASSENT [to the vesting] of the Property to C.D [for all the estate and interest of the said CD therein at the time of his death] [for an estate in fee simple].

It would appear to be a matter of preferred practice which words to use.

Section 53 of the Succession Act 1965 sets out some important elements to an assent for unregistered title, which are as follows, namely that the assent

• be in writing

• be signed by the personal representatives

• shall be deemed to be a conveyance

• operates under the law of priorities when registered in the Registry of Deeds

• operates to vest into the beneficiary the interest of the deceased subject to whatever charges or incumbrances that the property was subject

• establishes the title of the person entitled for the purpose of intervening rents and profits to relate back to the death of the deceased

Hope this helps and if you have any property, will drafting or probate queries, please do not hesitate to contact me. Colm Kelly