36Effect of assent or conveyance by personal representative

36 Effect of assent or conveyance by personal representative

(1)  *[Section 36 Subsection (1) amended by S.R. 1977, No. 100 ][Section 36 Subsection (1) substituted by No. 4 of 1978, s. 4 ][Section 36 Subsection (1) amended by No. 19 of 1980, s. 171 and Sched. 1 ]*A personal representative may –

(a) in relation to real estate that is not subject to the Land Titles Act 1980 , assent in the form set out in Schedule IV ; and

(b) in relation to real estate that is subject to that Act, assent in the prescribed form –

to the vesting in any person who, whether by devise, bequest, devolution, or appropriation, may be entitled thereto, either beneficially or as a trustee or personal representative, of any estate or interest in real estate 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 or interest to which the assent relates, and, unless a contrary intention appears, the assent shall relate back to the death of the deceased.

(3)  The statement in an assent that a person assents as personal representative shall have the like effect as regards implied covenants as would follow from the like statement in a deed of conveyance.

(4)  An assent to the vesting of any estate or interest 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 estate to which it relates.

(5)  An assent to the vesting in a named person of a partial interest in property shall operate as an assent in favour of the remaindermen.

(5A)  *[Section 36 Subsection (5A) inserted by No. 4 of 1978, s. 4 ]*An assent by a personal representative in respect of a legal estate shall, in favour of a purchaser from the person in whose favour the assent is made or his successor in title, be taken as sufficient evidence that that person is entitled to have the legal estate vested in him, and upon the proper trusts, if any, but shall not otherwise prejudicially affect the claim of any person rightfully entitled to the estate vested or any charge thereon.

(5B)  applies whether the assent was made before or after the commencement of that subsection.