Effect of assent or transfer by personal representative

(1) A personal representative may assent to the vesting, in any person who, whether by devise, bequest, devolution, appropriation or otherwise, may be entitled thereto, either beneficially or as a trustee or personal representative, of any estate or interest in real estate to which the testator or intestate 38 Administration of Estates Act was entitled or over which he exercised a general power of appointment by his will, including the statutory power to dispose of entailed interests, and which devolved upon the (2) The assent shall operate to vest in that person the estate or interest to which the assent relates and, unless a contrary intention appears, the assent shall relate back to the death of the (3) An assent to the vesting of a legal estate shall be in writing signed by the personal representative and shall name the person in whose favour it is given and shall operate to vest in that person the legal estate to which it relates, and an assent not in writing or not in favour of a named person shall not be effectual to pass a legal estate. (4) Every person in whose favour an assent or transfer of a legal estate is made by a personal representative shall present that assent or transfer to the Registrar who shall, upon satisfying himself of the regularity thereof, issue to that person a certificate of title to the land in question which shall be the only evidence of the ownership of the legal estate. (5) A transfer of a legal estate by a personal representative to a purchaser shall not be invalidated by reason only that the purchaser may have notice that all the debts, liabilities, funeral and testamentary or administration expenses, duties and legacies of the deceased have not been discharged or provided for. (6) An assent or transfer given or made by a personal representative shall not, except in favour of a purchaser of a legal estate, prejudice the right of the personal representative or any other person to be indemnified out of such estate or interest against any duties, debt or liability to which such estate or interest would have been subject if there had not been any assent Administration of Estates Act 39 (7) A personal representative may, as a condition of giving an assent or making a transfer, require security for the discharge of any such duties, debt or liability, but shall not be entitled to postpone the giving of an assent merely by reason of the subsistence of any such duties, debt or liability if reasonable arrangements have been made for discharging the same, and an assent may be given subject to any legal estate or charge by way of a legal mortgage. (8) This section applies to assents and transfers made after the commencement of this Act, whether the testator or intestate died before or after such commencement. land powers of