The act, by the personal representative ( www.practicallaw.com/resource.do?item=:42617136) of a deceased person's estate, of transferring a legacy ( www.practicallaw.com/resource.do?item=:45310946), or all or part of the residuary estate ( www.practicallaw.com/4-382-6280) , to a beneficiary ( www.practicallaw.com/9-382-5565) .
An assent should only take place once the personal representative is satisfied that:
The beneficiary is entitled to the legacy or share in the residuary estate.
The estate has sufficient funds to meet it.
The beneficiary is able to give a valid receipt.
An assent establishes the beneficiary's title to the asset or assets in question. An assent of a legal estate ( www.practicallaw.com/9-381-1196) must be given in writing (section 36(4), Administration of Estates Act 1925). A written assent is not essential for other assets, but is desirable because it confirms the date on which the beneficiary becomes the owner.