Seven between ************ of **************in the United States in America

Transcription

1 Course: Administration of Real Property- U.W.I Open campus Lecturer: Mrs. Suzanne M. Barker-Small September 2011 DRAFT DEED OF ASSENT Drawn and Prepared By BARBADOS.... Mrs. Suzanne M. Barker-Small Attorney-at-Law Emeth Chambers Suite #6 Beaumont House Palm Beach, Hastings Christ Church BB15156 Barbados. W.I THIS ASSENT is made the day of, Two Thousand and Seven between ************ of **************in the United States in America (hereinafter called the Executrix ) the sole remaining Executrix and Personal Representative of the estate of *************************, deceased, late of ******* in the parish of ************* in this said Island (hereinafter called the deceased ) of the ONE PART and the said ********************* of ******************** in the parish of *************** in this Island (hereinafter called the beneficiary ) of the OTHER PART. WHEREAS: (1) ********************, deceased formerly of ********** in the parish of *********** in this Island died at ******in the parish of ******* in this Island on the ** day of ***19***, testate by will dated the ** day of ***** 19*** leaving the properties described in the First and Second Schedules herein to the said Executrix and *********** as the only persons entitled to the said estate and upon the death of ****** to the said Executrix for life and thereafter to the said beneficiary of *** in the parish of ********* in this Island.

2 (2) On the *** day of ****19*** a Grant of Probate was granted to the ****** and to the Executrix in High Court Suit numbered **** of 19**** by the Probate Registry of the Supreme Court of Judicature and issued on the *** day of **** 19***. (3) At the time of his death the said **********, deceased, was the fee simple owner in possession of a parcel of land with building thereon hereinafter more particularly described in the First Schedule and which he on the *** day of ******** devised to the said Executrix and ************ as the only persons entitled to the said estate and upon the death of ********* to the said Executrix for life and thereafter to **********. (4) ********** also called *********,deceased died on the * day of ************at ************** in the United States of America. (5) By Waiver of Interest dated the day of 19*** the Executrix waived her rights and interest in the property in the First Schedule to the said beneficiary. (6) The Executrix has paid all debts, funeral and testamentary expenses of the said *******************, deceased, and has on the *day of*, * and the *day of *, * obtained from the Commissioner of Inland Revenue his Certificate of Clearance pursuant to Section 28(3) of the Succession Act, Cap 249 of the Laws of Barbados as she hereby acknowledges. (5) For the purposes of section 13(2) of the Property Transfer Act Cap 84A of the Laws of Barbados the Executrix hereby declares that no input tax has been previously allowed under Section 46(2) of the Value Added Tax Act, Chapter 87 of the Laws of Barbados in relation to the land hereby conveyed.

3 (6) And the Executrix hereby attests and declares as is testified by her being party to and executing these presents that she is not resident in Barbados for the purposes of the Exchange Control Act Cap 71 of the Laws of Barbados. (7) And the said beneficiary hereby attests and declares as is testified by his being party to and executing these presents that he is resident in Barbados for the purposes of the Exchange Control Act Cap 71 of the Laws of Barbados. (8) And the Executrix hereby attests and declares as is testified by her being party to and executing these presents that that to the best of her knowledge, information and belief the late F************, deceased, was a citizen of Barbados at the date of his death for the purposes of the Exchange Control Act Cap 71 of the Laws of Barbados. NOW THIS DEED WITNESSTH that the said Executrix as Personal Representative hereby ASSENTS to the vesting in the said beneficiary ****************** in fee simple of and in all that land described in the First Schedule herein. THE FIRST SCHEDULE HEREIN ALL THAT certain lot piece or parcel of land situate at **** in the parish of **** in this Island being the Lot numbered *** on a plan certified on the *** day of *** 19** by ******, Land Surveyor containing by admeasurement **********square feet (**** Sq ft) which area represents a metric conversion of **** square metres or thereabouts (of which area **** square feet is included in a road *** feet wide) by admeasurement ABUTTING and BOUNDING to the North on lands now or formerly of ****, deceased to the East on other lands now or formerly of ****, deceased to the South on a public road 5.66 metres wide and to the West on lot*** or however the same may abut and bound along with the buildings and dwelling-house thereon.

4 written. IN WITNESS whereof this ASSENT is executed the day and year first above SIGNED SEALED AND DELIVERED by ) the Executrix of the estate of ******* ) **************, deceased, ******* ) ***** in the presence of: NOTARY PUBLIC in and for the state of in the United States of America UNITED STATES OF AMERICA I of Notary Public in and for in the United States of America hereby certify that on the day and the date hereof personally appeared before me a female person who identified herself as the within named ***** the executing party to this Waiver of Interest and did in my presence sign, seal and deliver the same as and for her free and voluntary act and deed. IN WITNESS WHEREOF I have hereunto set my hand and affixed my seal of office this day of NOTARY PUBLIC in and for the state of In the United States of America.

5 SIGNED SEALED AND DELIVERED ) By the ************************ ) in the presence of: witness: Name: Abode: Calling or Description: