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United Kingdom
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Key definition
Probate definition

What does Probate mean? Probate is the court process for proving a will and giving legal authority to deal with a deceased person’s estate. In practice it confirms who may collect assets, pay debts and distribute to beneficiaries. The term is descriptive rather than a single defined statutory concept; procedures are set by legislation and probate rules in each jurisdiction. England and Wales: the executor applies for a grant of probate; on intestacy or where no executor can act, an administrator seeks letters of administration. Both are grants of representation issued by the Probate Registry (HMCTS) under the Senior Courts Act 1981 and the Non‑Contentious...

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Assents of legal and equitable land interests on death: probate, registration (AS1/AS3), covenants/indemnities, execution and purchaser protection (England and Wales)

Practice notes
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This Practice Note looks closely at assents of interests in land made by the personal representatives of a deceased landowner. It chiefly addresses how an assent operates and the appropriate format for vesting a legal or equitable estate in land in a beneficiary named in a will, or in trustees to hold under the terms of a continuing trust.

For guidance on other matters that may arise following the death of someone owning an interest in land, see the following Practice Notes:

  • Death of a proprietor of land—sale of property by a sole surviving co-owner
  • Death of a proprietor of land—death of the seller or buyer between exchange and completion
  • Death of a landlord or tenant

Use and form of an assent of land

As a general rule, a transfer of land must be effected by deed, ordinarily...

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Web page updated on 21/05/2026

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Date [ date ] Parties [ name of Landlord ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Landlord) [ name of Tenant ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Tenant) [ [ name of Guarantor ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Guarantor) ] [ [ name of Mortgagee ] [ of OR incorporated in England and Wales (company registration number [ number ]) with its registered office at ] [ address ] (Mortgagee) ] Definitions Within this Deed, the terms below shall be interpreted as follows: [ Annual Rent • the annual sum reserved under the Lease; ] [ Insurance Rent • the Tenant’s share of the Landlord’s costs of insuring the Property (as set out in the Lease); ] Lease • the lease of the Property dated [ date ], entered into between (1) [ the Landlord OR [ name ...

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I, [ name ], of [ address ], solemnly and sincerely state that: [ Matters to be verified, set out in numbered paragraphs ] I make this solemn statement in good conscience, believing it to be true, and pursuant to the provisions of the Statutory Declarations Act 1835. DECLARED at [ details ] this [ day ] day of [ month and year ] Before me ................................................................................ [ signature of the person before whom the declaration is made ] A [ commissioner for oaths OR [ solicitor OR [ insert other qualification ] ] authorised to administer oaths ]...

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