Assent Land Registry Lawyers

Aaron Yeganeh
Aaron Yeganeh
I have used the conveyancing services of Anna Beavers at Mounteney Solicitors for several properties, and as have my parents. Anna is super professional and overall a great firm with fantastic customer management skills, and a real sense that Anna and the whole team is working to your best interests as a client. As I say, I am a repeat customer and have recommended the firm to several friends too.
I’ve used this solicitors a few times now for both business and personal matters. The team are really approachable and Anna and Amy have been great! Can’t recommend enough and glad to have had the support through a house move and taking on a commercial lease.
Glenn Colville
Glenn Colville
I had the delight of having Anna work for us and she did a great job. Highly recommended
Judith Clements
Judith Clements
Amanda and Katie were friendly, professional and very thorough in their handling of my sale and purchase of property. Altogether as a team of solicitors I was pleasantly surprised at their patience and availablity.
Having to sell a house after a bereavement is always going to be hard but Katie Reade at Mountney Solicitors made the whole thing effortless. She was always there if I needed anything and was just superb. I wouldn't hesitate in recommending her to anyone needing conveyancing services. Thanks Katie
Joanna Carey
Joanna Carey
Katie recently completed the sale of my great Aunt's flat. Throughout the complicated and protracted sale, Katie kept us informed at every stage. She was considerate and supportive throughout, in fact Katie saved the day on many occasions. I would have not hesitation in recommending Kate and look forward to working with her again.

Our lawyers for Assent of Property are leading experts in all matters related to the distribution of properties from a person who has passed away.

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.

For tailored legal advice regarding Assent of Property from an estate to a beneficiary, contact Mounteney Solicitors today.

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.

How long will it take?

The production of the documentation for Assent of Property is a job that we can undertake in about an hour once we schedule it.

A completed assent will then need to be submitted to HM Land Registry for registration. The time HM Land Registry takes to process such a registration varies greatly, depending on how busy they are. Some applications are processed very quickly, up to “next day”; however, most applications appear to languish awaiting HM Land Registry attention; in 2021 many applications have taken about 6 months to be registered – and some types of application can take even longer than that, unfortunately. However, once submitted, the HM Land Registry processes applications on any title in order of submission. Their delay will not affect the priority of your application relative to other matters on that title.

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.

Money Matters

Your supplier is CLC-regulated Mounteney Conveyancers Ltd, that charges VAT some customers may be able to reclaim

We charge £400 + VAT = £480 plus HMLR Fee (Scale 2)

There is more about our fees on our website here

If you have any questions or require any further information, please don’t hesitate to Contact Us.

Contact our Assent of Property Solicitors

Our team of Estate Administration Solicitors in Stockport have decades of experience with all matters related to transferring and assenting property from an estate.

It’s vital to have the support of specialists in the field to ensure all processes are undertaken correctly, so you can have the piece of mind that property is assented according to the current legislation, and registered and declared properly.

Mounteney Solicitors has been supporting individuals in Stockport, Manchester, and across the UK from our offices in Bramhall, Cheadle, and Heald Green. If you need legal advice regarding assenting a property, contact us today.