Assent of Property Solicitors
Expert Legal Advice for Deed of Assent & Assent of Property Transfers
Our lawyers for Assent of Property provide expert legal support to executors and administrators who need to transfer property to a beneficiary after someone has passed away.
When a person dies and leaves property in their estate, the legal right to transfer that property to a beneficiary usually lies with the executor or administrator. If the property is not being sold but passed on to someone named in the Will or entitled under the rules of intestacy, it is transferred through a legal document called an Assent.
Dealing with property and assets in Estate Administration can be challenging, as these processes happen at an emotional time. Each case is unique, and some properties in an estate can be dealt with using an Assent of Property rather than a traditional transfer. This can be a significant advantage, simplifying the process and, often, reducing tax liability.
Our team will advise you on when an Assent of Property is required and manage the necessary paperwork, including the Land Registry application. We ensure the transfer is carried out correctly, so you can fulfil your legal responsibilities with confidence.
For straightforward legal advice on transferring property from an estate, speak to the team at Mounteney Solicitors today. We’ll guide you through every step with care and clarity.
For tailored legal advice regarding Assent of Property from an estate to a beneficiary, contact Mounteney Solicitors today.
How Long Will it Take?
We specialise in efficiently handling the legal documentation required for the Assent of Property. This process, which formally transfers property from the deceased’s estate to the beneficiary, requires precise and correct legal paperwork.
We can undertake the production of all the necessary documentation for the Assent of Property in a highly focused and time-efficient manner. Typically, once we have scheduled the task and have all the required information, the preparation of this documentation is a job we can complete in approximately one hour.
This rapid turnaround ensures that the transfer of the property can proceed without unnecessary delay, providing peace of mind to the beneficiaries and moving the estate administration process toward completion.
What is an Assent of Property?
An assent is a transfer of property from the estate of a deceased by an executor or personal representative to a beneficiary of that estate. This would generally happen without payment, e.g. settling a legacy.
Assents seem very similar to a Transfer of Equity (No payment) – except this process is reserved for property within the estate of the deceased.
Who can assent property?
When the owner of a property passes away, the HM Land Registry must be notified. This can start a number of processes depending on the type of ownership the deceased had on the property.
Properties owned jointly will automatically be transferred to the surviving owner(s) once the Land Registry is notified. If the land in question is registered, you may be able to update the title by simply removing the deceased joint proprietor with the relevant DJP form. Otherwise, a death certificate must be added to the deeds for the property.
When the deceased was the sole owner of a property, this must be administered according to the will, or the rules of intestacy. A representative must apply for and obtain a Grant of Probate, allowing them to assent the property to beneficiaries.
Is an Assent of Property a transfer?
An assent can only be made for a property in the estate of someone who has died. As such, it is different from a transfer, even if this is made without payment.
A beneficiary cannot pay to receive assented property. This would turn the transaction into a transfer, as an Assent of Property is to be considered a gift from the estate to the beneficiary.
If a property is divided against multiple beneficiaries, and one decides to buy the others’ shares, they may agree to do so. However, this would be a transfer of property, and not an Assent.
How long does land registry take to transfer ownership after death?
The processing time for registration at HM Land Registry is highly variable and depends on their current workload. While some applications may be processed very quickly, even “next day,” many experience significant delays. In 2021, a considerable number of applications took around six months to be registered, and some complex application types can take even longer. Nevertheless, once an application is submitted, HM Land Registry processes applications on a title in the strict order they were received. Importantly, any delay in processing will not affect the priority of your application relative to other matters concerning that specific property title.
What is an AS1 form and why is it important for assent of property?
An AS1 form is the Land Registry form used to complete an Assent of registered property. In simple terms, it is the document that formally transfers legal ownership of a property from the personal representatives of a deceased person’s estate to the beneficiary entitled to receive it.
Where a property is being passed on under a Will, or under the rules of intestacy, and no sale is taking place, the AS1 form is usually the key document used to record that transfer. It sets out the details of the property, the personal representatives making the assent, and the beneficiary receiving it.
The AS1 form must be completed carefully and submitted correctly as part of the Land Registry application. Errors in names, title details, execution, or supporting documents can lead to delays or requisitions from HM Land Registry, which can slow down the estate administration process.
Our solicitors can prepare the AS1 form for you, make sure it reflects the terms of the estate correctly, and deal with the wider Land Registry application so that the property is transferred into the beneficiary’s name properly and without unnecessary complication.
Money Matters
This service is for taking instructions, producing a suitable form of assent, seeing to its execution, and deploying it at HM Land Registry
You will also have to pay the HM Land Registry Fee (Scale 2, based on value)
How much does an assent cost? (£720 + HMLR Fees)
We charge £600 + VAT = £720 plus HMLR Fee (Scale 2) to handle a deed of assent.
Your supplier is CLC-regulated Mounteney Conveyancers Ltd, that charges VAT some customers may be able to reclaim.
There is more info about our fees here
If you have any questions, require any further information, or would like to engage us on the T&Cs linked Our Terms in the footer below, please don’t hesitate to Contact Us.
Assent of Property FAQs
Here are some answers to the most common questions we get about this area of law.
Can an executor assent to themselves?
Yes, an executor can assent property to themselves if they are also entitled to inherit it from the estate. In that situation, the assent of property to beneficiary process is still required, and the executor must make sure the transfer is carried out correctly, in line with the Will or the rules of intestacy.
How has to sign an assent form?
An assent form is usually signed by the personal representative or personal representatives of the deceased’s estate, meaning the executor named in the Will or the administrator appointed where there is no Will. If there is more than one personal representative acting, all of them will usually need to sign the AS1 form, and the document must be completed correctly before it is submitted to HM Land Registry.
What is a deed of assent?
While ‘Assent’ is an executor’s decision to release property to a beneficiary, the deed of assent is the formal, signed document that proves this decision. It is required to officially transfer ownership and to allow the Government to update the property’s legal title deeds.
Do you need a grant of probate to assent a property?
Usually, yes. If the deceased owned the property as the sole owner, the executor or administrator will normally need a Grant of Probate or Letters of Administration before they can assent the property to a beneficiary and register the change at HM Land Registry. If the property was owned jointly, probate is not usually needed just to update the legal title, although it may still be needed for the wider estate.
Contact our Assent of Property Solicitors
If you need to pass on a property from someone’s estate to a family member or other beneficiary, we can help make sure it’s done properly. Our solicitors in Stockport will guide you through the legal steps to transfer ownership, including the paperwork and Land Registry requirements, so everything is handled correctly and in line with the law.
Our team of Estate Administration Solicitors in Stockport have decades of experience with all matters related to transferring and assenting property from an estate. We work with clients across Stockport, Manchester and throughout the UK from our offices in Bramhall, Cheadle, Hazel Grove and Heald Green. With our help, you can be confident the property is passed on smoothly and without complications.
Get in touch with Mounteney Solicitors today for friendly, expert advice on transferring property from an estate.
Other Services
Will Writing
Deed of Variation of Will
Remove Deceased Owner From Property Title
