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](/view/html/inforce/2026-04-12/act-1980-019) , assent in the form set out in [Schedule IV](#JSIV@EN) ; 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)  *\[Section 36 Subsection (5B) inserted by No. 4 of 1978, s. 4 \]* [Subsection (5A)](#GS36@Gs5A@EN) applies whether the assent was made before or after the commencement of that subsection. > > > (5C)  *\[Section 36 Subsection (5C) inserted by No. 4 of 1978, s. 4 \]*Nothing in [subsection (5A)](#GS36@Gs5A@EN) prejudices the rights of any person under the [Registration of Deeds Act 1935](/view/html/inforce/2026-04-12/act-1935-024) in priority to the conveyance to a purchaser. > > > (6)  A conveyance of an estate or interest by a personal representative to a purchaser shall not be invalidated by reason only that the purchaser may have notice that all the debts, liabilities, funeral and testamentary or administration expenses, duties, and legacies of the deceased have been discharged or provided for. > > > (7)  An assent or conveyance given or made by a personal representative shall not, except in favour of a purchaser of an estate or interest, prejudice the right of the personal representative or any other person to recover the estate or interest to which the assent or conveyance relates, or to be indemnified out of such estate or interest against any duty, debt, or liability to which such estate or interest would have been subject if there had not been any assent or conveyance. > > > (8)  A personal representative may, as a condition of giving an assent or making a conveyance, require security for the discharge of any such duty, debt, or liability, but shall not be entitled to postpone the giving of an assent merely by reason of the subsistence of any such duty, debt, or liability, if reasonable arrangements can be made for discharging the same; and an assent may be given subject to any estate or charge by way of mortgage. > > > (9)  In this section > > > > > ***purchaser*** means a purchaser for money or money's worth. > > > (10)  *\[Section 36 Subsection (10) amended by 26 Geo. V No. 66, s. 2 \]**\[Section 36 Subsection (10) amended by S.R. 1977, No. 100 \]*[*\[Section 36 Subsection (10) omitted by No. 15 of 2001, Sched. 2, Applied:01 Jul 2001\]*](/view/html/inforce/2001-07-01/act-2001-015#JS2@Ja3@GC1@EN) .  .  .  .  .  .  .  .