Assent by Personal Representative Transaction (also known as Transmission/Transmission of Part)
The following steps are involved in providing the information for the Assent by Personal Representative transaction:
- Introduction screen: confirming that the online system supports your transaction.
- Select Folio(s) screen: allowing you to select the folio(s) to be transferred, with a link to search for additional folios.
- Confirm Owner(s) screen: requires you to confirm the current registered owner(s) for each folio you are using in the Assent. At this stage you are not indicating which is the deceased registered owner who is the subject of the assent, simply that you agree they are current owners for the purpose of this transaction. Also allows the addition of extra names (to be used where a folio is in draft and does not have any registered owners recorded).
- Deceased Owner Details screen: confirming which deceased registered owner is the subject of the Assent, plus the date of death.
- Document Details screen: obtaining information for the Certificate of Identity which will be printed in the Form 17 generated for this transaction.
- Deceased Personal Representatives screen: obtaining the names of any deceased Personal Representatives for inclusion in the Form 17 generated for this transaction.
- Personal Representatives screen: obtaining the names of the living Personal Representatives for inclusion in the Form 17 generated for this transaction.
- Settlement Details screen: capturing any Settlement details to be shown on Form 17, plus details of any trustees under the Settled Land Acts 1882 to 1890.
- Assentee Details screen: identifying the assentee name(s) and address(es), plus additional information on whether the assentee is a minor or an existing registered owner as Tenant in Common of folio(s) involved in the Assent
- List of Holdings screen: It is possible to split the folio(s) involved in the Assent into a series of 'Holdings', with each holding owned by different owners. For each Holding you create, a series of sub screens will capture the following information:
- Assentee(s) for the Holding
- Ownership Type for each Assentee for the Holding
- Folio(s) for the Holding
- How the land in each folio for the Holding is to be transferred (for each folio included in the holding, you must indicate how the land is being included (all of the land in the folio, the residue of the land in a folio already part assigned in another transaction in this case folder, part of the land in the folio, or ‘No transfer’ where ownership of the folio is not being transferred and the folio is included only for the purpose of recording Rights, Covenants or Agreements)
- Details of any burdens to be applied to the Holding (plus details of any person(s) entitled to benefit of the burden)
If a Holding involves the transfer of one or more freehold folio(s) in part, a new freehold folio will be created. If a Holding involves the transfer of one or more leasehold folio(s) in part, a new leasehold folio will be created. To identify which new folios are created by each holding, from the List of Holdings screen, click on 'View PDF'. Each Holding created will have a corresponding 'First Schedule' section on the Form 17, alongside which will be details of the new folio(s) created for that holding.
- Form Complete screen: if the information has been successfully completed, you can create the Form 17 for the transaction and progress to the Case Folder screen.