Ordinarily, a transfer of land must be made by deed. However, where:

1. •

   the estate of a deceased person includes a legal or equitable interest in freehold or leasehold land, and

2. •

   a third party is entitled to that interest (either as a trustee or as a beneficiary) under the deceased’s will or the rules of intestacy

section 36(1) of the Administration of Estates Act 1925 (AEA 1925) allows the deceased’s personal representatives to vest that interest in the third party by way of an assent.

An assent of a legal interest in land must:

1. •

   be in writing

2. •

   be signed by the personal representative(s)

3. •

   name the person in whose favour it is given

There is no requirement for it to be made by deed (unless covenants are being given—see below).

An assent should only be made once it is clear that the interest is not required for the purposes of administering the deceased’s estate (ie to pay debts, taxes, funeral expenses or pecuniary legacies). If for some reason an assent