§ 107 — Transmission on death of proprietors in severalty

107.—(1) Personal representatives or any other person claiming land of a deceased proprietor may apply in the approved form to become registered as proprietors by transmission of the land, and upon proof of their representation or claim, the Registrar must enter on the folio a memorial of registration in accordance with section 37.(2) An application under this section by a person claiming land of a deceased proprietor otherwise than as personal representative must not be registered unless it can be established to the satisfaction of the Registrar that a transfer to that person by the personal representative is not reasonably practicable.

(3) The Registrar may register a transmission application by the Public Trustee acting in the Public Trustee’s capacity under section 6 of the Public Trustee Act 1915 in the administration of an estate in respect of which representation has not been taken out.

(4) For the purposes of this section, “personal representative” includes —(a)

the administrator of an executor; and

(b)

the executor of an administrator.

—(1) Personal representatives or any other person claiming land of a deceased proprietor may apply in the approved form to become registered as proprietors by transmission of the land, and upon proof of their representation or claim, the Registrar must enter on the folio a memorial of registration in accordance with section 37.

(2) An application under this section by a person claiming land of a deceased proprietor otherwise than as personal representative must not be registered unless it can be established to the satisfaction of the Registrar that a transfer to that person by the personal representative is not reasonably practicable.

(3) The Registrar may register a transmission application by the Public Trustee acting in the Public Trustee’s capacity under section 6 of the Public Trustee Act 1915 in the administration of an estate in respect of which representation has not been taken out.

(4) For the purposes of this section, “personal representative” includes —(a)

the administrator of an executor; and

(b)

the executor of an administrator.