Vesting Assent DADA AFA
Introduction
A vesting assent is prepared by an executor or an administrator of letters of
administration with will annexed or administrator of an intestate estate who
has obtained probate or letters of administration with will annexed or letters
of administration respectively to vest the property in the beneficiary of the
estate.
Governing Law
Section 96 of the Administration of Estates Act, 1961 (Act 63)
stipulates that the executors of the deceased must assent to the vesting of
the devises in the beneficiaries before such beneficiaries can deal with the
properties as they like.
It is only upon execution of the vesting assent and registration under the
Land Registry Act, 1962 (Act 122) or Land Title Registration Law (PNDCL) 152
that the beneficiaries can deal with the property as their own. This principle
was upheld in Conney v Bentum-Williams.
In this case, a conveyance was made by beneficiaries of a will before a
vesting assent was made in his favour by the executors. The court
established that after the grant of probate, a beneficiary of any real estate
under the will must have a vesting assent executed in his favour by the
executors under Act 63. Until that was done, any purported sale of the real
estate by the beneficiary or the devisee would be of no legal consequence
and the purchaser thereof would not have a valid title.
In the instant case, the evidence clearly showed that no vesting asset had
been executed in favour of the defendant’s vendors by the executors in
respect of the disputed land and that had still not been done. It followed that
the vendors could not, as devisees, transfer or confer a valid and effective
title on the defendant.
Form of a Vesting Assent
The requirements below for a vesting assent are set out in the Third Form
of Administration of Estates Act, Act 63:
1. Assent devised covers for all the interest of the testator at the time of
his death.
2. The personal representative must acknowledge the right of the
beneficiary to the Letters of Administration or the Probate and to
delivery of copies thereon.
Vesting Assent DADA AFA
3. The Assent must include a confirmation of the personal representative
that they have not assented or conveyed the property to anyone else
apart from the beneficiary listed.
4. The Assent must be executed by the surviving personal
representative(s).
