Death of a full owner
Rule 42 provides that an assent by the Personal Representative of a deceased registered owner must be in LR Form 17. It should be accompanied by:
- the grant of Probate or Letters of Administration in the estate of the registered owner (or an official certified copy thereof)
- a certificate of identity
- LR Form 100 and the appropriate fee
As Registry staff are not required to check that the terms of the Assent are correct, it is very important that the Personal Representative and his Solicitor ensure that the estate is administered correctly.
It is not necessary nor, indeed, desirable to lodge documents such as releases, legacy receipts or deeds of family arrangement which pre-date the Assent. However, in the following situations it would be necessary to lodge additional documents:
- where there is a chain of executorship all the relevant grants of Probate, together with a certificate of identity in respect of each deceased Personal Representative, should be lodged
- where one of several Personal Representatives had died, his death certificate and a certificate of identity should be lodged
- where a registered owner died before 1 January 1956 and his estate did not vest in the Personal Representatives, the provisions of Rule 45 or 46 should be complied with.
A copy of LR form 17 which contains an instruction sheet may be detached and placed alongside the form to facilitate its completion. Precedents 10.E and 10.F indicate how the form may be completed to cope with slightly complicated but reasonably common situations.
- Precedent 10.E - Assent under a will which created a settlement
- Precedent 10.F - Assent of part of the land to one beneficiary and the residue to another where an easement is created
Death of a tenant in common
The undivided share of a deceased tenant in common forms part of his estate and should be dealt with in the manner outlined in the previous paragraphs. The description of the property in column I of Schedule 1 of the Assent should make reference to "the undivided share of the said AB in the land ..........".
Death of a joint tenant
An application to note the death of a registered owner who was a joint tenant may be made by way of a Solicitor's Certificate (Rule 47). The documents to be lodged in the Registry are:
- Precedent 10.L - Certificate confirming the death of a joint tenant
- the deceased's death certificate or a Grant of Representation in his estate or an official certified copy Grant or Representation
- LR form 100 and the registration fee
If the deceased was the last surviving joint tenant, the land will become part of his estate and should be dealt with as suggested in the paragraph above.
Death of a limited owner
On the death of a tenant for life who was registered as a limited owner, there is normally no need for any action by the Personal Representatives of either the settlor or the limited owner. Rule 48 provides a simple procedure for the registration of the remainderman and this is discussed in Trusts and settlements.