Full legislation
s.66
Assent or conveyance by personal representative
(1)
A personal representative may assent to the vesting in any person who (whether
by devise, bequest, devolution, appropriation or otherwise) may be entitled thereto,
either beneficially or as a trustee or personal representative, of any immovable
property to which the testator or intestate was entitled or over which he exercised
a general power of appointment by his will and which devolved upon the personal
representative.
(2)
The assent shall operate to vest in that person the estate to which the assent
relates, and unless a contrary intention appears, the assent shall relate back to
the death of the deceased.
(3)
An assent to the vesting of a legal estate shall be in writing, signed by the
personal representative, and shall name the person in whose favour it is given, and
shall operate to vest in that person the legal estate to which it relates; and an
assent not in writing or not in favour of a named person shall not be effectual to
pass the legal estate.
(4)
A conveyance of a legal estate by a personal representative to a purchaser
shall not be invalidated by reason only that the purchaser may have notice that all
debts, liabilities, funeral and testamentary or administration expenses, duties, and
legacies of the deceased have been discharged or provided for.
(5)
An assent or conveyance given or made by a personal representative shall not,
except in favour of a purchaser of a legal estate, prejudice the right of a personal
representative or any other person to recover the estate to which the assent or
conveyance relates, or to be indemnified out of such estate against any duties,
debts or liability to which such estate would have been subject if there had not
been any assent or conveyance.
(6)
A personal representative may, as a condition of giving an assent or making a
conveyance, require security for the discharge of any such duties, debt or
liability, but shall not be entitled to postpone the giving of an assent merely by
reason of the subsistence of any such duties, debt or liability, if reasonable
arrangements have been made for the discharging of the same, and an assent may be
given subject to any legal estate or charge by way of legal mortgage.
(7)
This section applies to assents and conveyances made after the
commencement*
of this Ordinance, whether the testator or intestate died before or after such
commencement*.
[cf. 1925 c. 23 s. 36 U.K.]