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Assent meaning

What does Assent mean?
In probate practice, an assent is the act or instrument by which personal representatives (executors or administrators) transfer estate assets to a beneficiary in satisfaction of a will or intestacy entitlement. Only personal representatives can give an assent. It is usually used once debts, taxes and expenses are provided for and the beneficiary’s interest is confirmed. An assent gives effect to the gift: after assenting, the personal representatives hold the asset on bare trust for the beneficiary until any remaining formalities (such as land registration or re-registration of shares) are completed. Use and terminology are broadly consistent across England and Wales, Northern Ireland and Ireland, where the concept is recognised in legislation and land registration practice. An assent may relate to land, shares or other property. For registered land, legal title generally vests on registration of the assent; for unregistered land, title can pass on execution, but first registration may then be required. In Scotland, “assent” is not a statutory term of art. The executor effects transfer by the appropriate conveyancing deed (for example, a disposition of heritable property or an assignation of moveables), with registration where required, though practitioners may use “assent” descriptively.
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View the related Checklists about Assent

CHECKLISTS
Tenants’ Right of First Refusal (LTA 1987): Checklist on Relevant Disposals, Premises Tests, Qualifying Tenants, Requisite Majority, Offer Notices and Post-Acceptance Steps (England and Wales)

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters' Rights Act 2025—key provisions. This checklist sets out the principal issues to assess when handling a disposal of a property interest that is (or might be) subject to the tenants’ right of first refusal under the Landlord and Tenant Act 1987 (LTA 1987). For more detail and comprehensive guidance, see Practice Note: Tenants' right of first refusal—Landlord and Tenant Act 1987. Landlord Is the intended transferor ‘the landlord’? If yes, is the landlord ‘exempt’ or ‘resident’? In either situation, the right of first refusal does not arise. Disposal Is the landlord entering into an arrangement amounting to a ‘disposal’ (including a contract to create or dispose of an estate or interest in land, an assignment of rights under such a contract, or a contract to assign rights under...

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CHECKLISTS
Finance transaction due diligence checklist: UK corporate borrower’s constitution—capacity, authority, board minutes, shareholder resolutions, execution, share security, incorporation documents and Companies House/ECCTA 2023 changes

STOP PRESS: The Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) obtained Royal Assent on 26 October 2023. Part 1 of ECCTA 2023 introduces a substantial suite of measures that strengthen the role of Companies House and promote greater transparency across UK corporate entities. The Act will be brought into effect in phases over an extended timeframe. Numerous provisions will depend on detailed secondary legislation and accompanying guidance, alongside the development and rollout of new technical systems, processes and tools to implement the reforms. For further information, see Practice Notes: The Economic Crime and Corporate Transparency Act 2023—what Banking & Finance lawyers need to know, The Economic Crime and Corporate Transparency Act 2023—tracker, and Corporate transparency reform—changes to company registers. What are a company's constitutional documents?...

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CHECKLISTS
Digital Markets, Competition and Consumers Act 2024 (UK) subscription contracts: compliance checklist on scope, exclusions, disclosures, free trials, reminders, cooling-off, cancellation, refunds and payment timing

How to use this checklist This Checklist sets out the principal obligations for traders who provide subscription arrangements under the Digital Markets, Competition and Consumers Act 2024 (DMCCA 2024). It addresses which agreements are captured by the subscription regime, how those rules operate for free trials, the pre-contract information to be given, reminder communications, and consumers’ rights to cancel. It also covers cooling-off entitlements and refunds. This Checklist serves as a practical aid to traders gearing up for commencement of the pertinent provisions of DMCCA 2024, Part 4, Chapter 2. DMCCA 2024 secured Royal Assent on 24 May 2024, with some elements taking effect from that day. Nevertheless, the bulk of the significant provisions and duties in the DMCCA 2024 will commence through secondary legislation. The government has set out its indicative schedule for commencement of the substantive elements of DMCCA 2024: DMCCA 2024, Part 4, Chapter 2 is among the final measures to begin, expected at the earliest in Spring 2026, though subsequent government signals indicate the rules...

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FLOWCHARTS
Lasting powers of attorney practitioner flowchart: client instruction to registration and file closure (England and Wales), with forthcoming Powers of Attorney Act 2023 reforms

FORTHCOMING CHANGE: Following the Government’s response to the Ministry of Justice and the Office of the Public Guardian (OPG) consultation, Modernising Lasting Powers of Attorney, the Powers of Attorney Bill was granted Royal Assent on 18 September 2023, becoming the Powers of Attorney Act 2023 (PAA 2023). Once commenced, PAA 2023 will amend the Mental Capacity Act 2005 (MCA 2005) to provide a more modern lasting power of attorney (LPA) service...

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FLOWCHARTS
Pre-Action Protocol for the Resolution of Clinical Disputes: Flowchart of Stages and Steps Before Proceedings

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For guidance on the Act’s effect on residential tenancies in England, see Practice Note: Renters’ Rights Act 2025—key provisions. This Flowchart outlines how to end an assured (AT) or assured shorthold tenancy (AST) via section 8 of the Housing Act 1988 (HA 1988), including: service of a section 8 notice issuing proceedings the steps in the case leading to an order for possession Where HA 1988 applies, unless the tenant agrees to leave voluntarily, a landlord may recover possession only by using the procedures in HA 1988, sections 8 or 21, obtaining an order for possession and enforcing it. See Practice Note: Assured and assured shorthold tenancies—terminating. The section 8 process is available where the tenant has defaulted on tenancy obligations (for example, failing to pay rent) or the landlord qualifies for possession on another HA 1988, Sch 2 ground, whether during a fixed...

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FLOWCHARTS
CPR 35 Party Experts: Assessing Need and Instructing—Flowchart for Civil Proceedings (England and Wales)

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 obtained Royal Assent on 27 October 2025. For insight into how it affects residential tenancies in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. This Flowchart outlines the steps for ending an assured shorthold tenancy (AST) under section 21 of the Housing Act 1988 (HA 1988) via the standard possession route, covering when to serve a section 21 notice, when to issue proceedings, and the procedural milestones up to a possession order. Where HA 1988 governs, unless the tenant chooses to leave of their own accord, a landlord may regain possession only by following the mechanisms in HA 1988, ss 8 or 21, securing a possession order and enforcing it. For more detail, see Practice Note: Assured and assured shorthold tenancies—terminating. Under HA 1988, s 21, a landlord may terminate a fixed-term AST by giving the tenant no less than two months’ written notice, exercising a break clause during the term, or at the end of, or after the...

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NEWS
UK commercial law: 2025 key developments and 2026 horizon: advertising, data/AI, consumer protection, contracts, product liability, supply chain compliance and cyber resilience

For further insight on forthcoming key developments, see Practice Note: Commercial—horizon scanner. For details of earlier developments relevant to commercial law and practice, consult the following Practice Notes: Commercial tracker Commercial tracker 2025 [Archived] Additional updates and commentary are available via our current awareness alerts and highlights. Click ‘Create Alert’ in your ‘Alerts’ tab and refine your personal settings to subscribe. Advertising, marketing and sponsorship Note—several shifts within the consumer protection landscape have influenced the regulation of advertising and marketing in 2025. These are discussed in the section: ‘Consumer protection’ below. What were the key developments in 2025? Advertising less healthy food and drinks In 2025, the much-anticipated framework governing promotion of less healthy food and drink moved from policy design to practical readiness for enforcement. The Health and Care Act 2022 (HCA 2022) received Royal Assent on 28 April 2022, introducing a 9 pm TV watershed for identifiable less healthy products and a restriction on paid‑for advertising...

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NEWS
UK tax briefing: Finance Bill 2025 to receive Royal Assent; Court of Appeal allows windfarm capital allowances; Russia/Belarus treaty revocations; SDLT higher rates ruling; HMRC updates and key dates

In this issue: Budgets and Finance Bills Companies and corporation tax International Funds Real estate tax Employment Taxes Individuals and income tax Energy and environment Anti-avoidance Daily and weekly news alerts New and updated content Dates for your diary Trackers Useful information Budgets and Finance Bills Spring Statement 2025 The Chancellor of the Exchequer is set to deliver her Spring Statement to Parliament on Wednesday 26 March 2025. Finance Bill 2025 to receive Royal Assent Royal Assent for the Finance Bill 2025 is expected on 20 March 2025, at which point it will be enacted as the Finance Act 2025. This comes after the Bill’s second and third readings in the House of Lords on 19 March 2025 and the usual bypassing of the committee stage. The House of Lords made no amendments to the Bill as received from the House of Commons. See: Finance Bill 2025...

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NEWS
Weekly property law highlights: Leasehold and Freehold Reform Act, insolvency trust ruling, 15% SDLT, minerals reservation, Scottish short-term let licensing, HMLR PG9 update—6 June 2024

In this issue: Key developments and horizon scanning Transferring property Property insolvency Property taxes Easements, rights and covenants Property in Scotland Leasing property LexTalk®Property: a Lexis®Nexis community Additional property updates this week Daily and weekly news alerts Trackers New Q&As Key developments and horizon scanning Leasehold and Freehold Reform Act 2024 The Leasehold and Freehold Reform Act 2024 (LFRA 2024), which gained Royal Assent on 24 May 2024 and featured in last week’s highlights, has now been published. Sections 113 (controls on remedies for arrears of rent charges), 117 (recovery of legal costs etc through service charge), 118 (repeal of section 125 of the Building Safety Act 2022) and 119 (higher-risk and relevant buildings: insolvency notifications) take effect two months after Royal Assent (24 July 2024). The rest of LFRA 2024 will commence by regulations to be made by the new government after the election. See: LNB News 04/06/2024 14. ...

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View the related Practice Notes about Assent

PRACTICE NOTES
Family arbitration and court oversight in England and Wales: stays, consent orders, and challenges post-Haley for financial remedies and children under the IFLA scheme and Arbitration Acts 1996/2025

This Practice Note clearly explains the courts’ function within the context of family arbitration. In matters concerning families, any arbitration normally proceeds under the Institute of Family Law Arbitrators (IFLA) scheme. The courts continue to have overall jurisdiction over any family arbitration award or determination and will endorse the award or determination provided it falls within recognised limits, thereby fully respecting the parties’ autonomy. For further practical guidance on, among other things, the conduct of arbitration in family cases, the principal advantages of arbitration, the scope of the IFLA scheme and the arbitrator’s powers, please see Practice Note: Family arbitration—introduction. Acting on Law Commission proposals to reform the Arbitration Act 1996 (AA 1996) and to bring in measures to bolster arbitrator immunity, enhance overall case efficiency and clarify the court’s powers, a draft Bill reflecting those recommendations was formally laid before Parliament and subsequently obtained Royal Assent on 25 February 2025. Accordingly, the Arbitration Act 2025 (AA 2025) modifies AA 1996 from 1 August 2025 by virtue of the Arbitration...

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PRACTICE NOTES
UK PSC regime after ECCTA 2023: abolition of company PSC registers and new Companies House filing and updating duties

A well-maintained register of people with significant control (PSC) should make publicly available who ultimately owns and controls companies and other entities. The PSC framework applies to UK-incorporated companies limited by shares or by guarantee (including unlimited companies, unregistered companies, community interest companies and dormant companies), limited liability partnerships (LLPs), and eligible Scottish partnerships, namely Scottish limited partnerships and Scottish qualifying general partnerships (ESPs). For clarity, this guide chiefly refers to companies. For information on the regime’s scope, including how a company might most effectively obtain relevant beneficial ownership details, see Practice Note: PSC register—the people with significant control regime. Corporate transparency reform—changes to the PSC regime The Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) received Royal Assent on 26 October 2023 and is being introduced in phases across multiple commencement dates. Many provisions will only commence once detailed secondary legislation and guidance are in place, while others require the rollout of new technical processes and tools before they can operate. ...

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PRACTICE NOTES
UK micro-entity regime for LLPs: qualification thresholds (including 2025 changes), exclusions, accounts (FRS 105), audit exemptions and Companies House filing

STOP PRESS: The Economic Crime and Corporate Transparency Act 2023 (ECCTA 2023) secured Royal Assent on 26 October 2023. Its objective is to strengthen corporate transparency in the UK, primarily via Companies House reform and amendments to provisions of the Companies Act 2006. The Act also looks to modernise the regime for limited partnerships and confer stronger powers to address economic crime. ECCTA 2023 will be commenced in stages. Several provisions commenced on 4 March 2024 and may affect this content. For further details, see Practice Notes: Implementation of the Economic Crime and Corporate Transparency Act 2023 and The Economic Crime and Corporate Transparency Act 2023—tracker, especially the legislation and consultation tracker. Rules and guidance The statutory requirements for the annual accounts of limited liability partnerships (LLPs) that meet the micro-entity threshold (a subset of small LLPs) are contained in: Part 15 of the Companies Act 2006 (CA 2006) The Limited Liability Partnerships (Accounts and Audit) (Application of Companies Act 2006) Regulations 2008,...

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PRECEDENTS
Will precedent (England and Wales): nil-rate band discretionary trust legacy; spouse’s FLIT over residue; children as remaindermen; wide trustee powers and administrative schedules

FORTHCOMING CHANGE: Potential changes to Wills Act 1837 The Law Commission’s review of wills culminated in a final report on 16 May 2025. Volume II contains a Draft Bill proposing replacement of the Wills Act 1837. For details of these proposals, including the published draft legislation, see Practice Note: Hot topic—modernising Wills and Modernising wills: Final Report Volume II: Draft Bill for a new Wills Act. STOP PRESS: Abolition of non-dom regime and introduction of residence-based IHT regime The Finance Act 2025 (FA 2025), which received Royal Assent on 20 March 2025, implements the abolition of the remittance basis and introduces a residence-based regime from 6 April 2025. FA 2025 makes residence, rather than domicile, the main determinant of liability to inheritance tax. changes to the rules defining excluded property status; removal of protected settlements status for offshore trusts; and modifications to overseas workday relief. For further information, see Practice Notes: The abolition of the remittance basis of taxation...

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PRECEDENTS
Precedent will for unmarried individual without children (England and Wales): executors, chattels, legacies, residue options, administrative/STEP powers, s33 Wills Act disapplied, 10% charity gift for 36% IHT rate.

FORTHCOMING CHANGE: Potential changes to Wills Act 1837 On 16 May 2025, the Law Commission’s review of Wills published its final report, formally setting out its conclusions, with Volume II containing a draft Bill intended to supersede the Wills Act 1837. For details of these proposals, including the published draft legislation, consult Practice Note: Hot topic—modernising Wills and Modernising wills: Final Report Volume II: draft Bill for a new Wills Act. STOP PRESS: Ending the non-dom regime and moving to a residence-based IHT regime. The Finance Act 2025 (FA 2025), which obtained Royal Assent on 20 March 2025, enacts legislation for the removal of the remittance basis of taxation and substitutes a residence-based system commencing on 6 April 2025. It also displaces domicile as the principal determinant of inheritance tax (IHT) liability for individuals. Further measures cover revisions to the rules for excluded property status, the removal of protected settlements status for offshore trusts, and alterations to overseas workday relief as applicable. For more on these reforms, see...

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PRECEDENTS
Vacant possession strategy for redevelopment: Excel schedule precedent and drafting notes (England and Wales) covering key notices, proceedings and compensation under LTA 1954, HA 1988 and the Electronic Communications Code

FORTHCOMING CHANGE : The Renters’ Rights Act 2025 was granted Royal Assent on 27 October 2025. For advice on the Act’s effect on residential tenancies in England, refer to Practice Note: Renters' Rights Act 2025—key provisions. Use this schedule to gather information on occupiers, occupation status, critical dates, notices to be issued, and principal points when planning a vacant possession strategy for a redevelopment. This Precedent is supplied in Excel format and can also be accessed via the link on this page. Note that the schedule has been created in Excel and therefore it cannot be downloaded into Word. Vacant Possession strategy—drafting notes If the development contains more than one freehold or superior leasehold interest, you may insert extra headings to divide the schedule into further sections where appropriate. Colour code: Sample colour coding has been applied to the first few rows as an example. Landlord: The named landlord should cover both: the direct landlord the...

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Q&As
Developer insolvency after CIL assumed: third-party landowner liability?

Stop press : The Levelling up and Regeneration Act 2023 obtained Royal Assent on 26 October 2023. This content is presently under review to ensure consistency with the Act. The Community Infrastructure Levy (CIL) originates in section 205 of the Planning Act 2008 (PA 2008) and took effect in 2010. It permits local authorities to levy a charge on new developments within their area where a new dwelling is created or additional floor space of 100sqm or more is provided. The detailed provisions are contained in the Community Infrastructure Levy Regulations 2010 (CILR 2010), SI 2010/948, made pursuant to PA 2008...

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Q&As
SDLT on rent increase when assigning and varying a pre-2003 lease

Broadly, varying a (stamp duty) lease constitutes a stamp duty land tax (SDLT) transaction. This is because the transaction’s effective date falls after the SDLT start date of 1 December 2003, and it is not undertaken under a contract concluded before 10 July 2003, the date on which the Finance Bill 2003 received Royal Assent. The fact that the lease being amended was granted prior to the implementation date does not alter this position...

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