Property Assent - The Transfer of Property Ownership After Death

Jeysu Akoya

Commercial Support
Heald Green 0161 283 6573
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Kevin Tyler
Kevin Tyler
1731683652
A very professional, efficient service and good communications throughout the process. I would highly recommend Mounteney Conveyancers in Cheadle.
Ellie Fowler
Ellie Fowler
1730298577
My partner and I recently bought our first home. Anna was our solicitor and she was brilliant. As first time buyers we didn't have any knowledge of what to do/expect but Anna was great at explaining the process. Anna also was great at keeping us updated, at each stage we knew what was going on and an estimated time frame - we couldn't have asked for anything more! Thank you again for helping us.
kon kwok chu
kon kwok chu
1730291521
We would like to express our sincere gratitude to Anna for her exceptional representation during the sale of our property.
Katie and the team at the Cheadle Mounteney office have done sterling work on the sale of our property and got us over the line. Katie in particular applied extra detective work in regard to an historic oversight with the Freehold purchase (nothing to do with Mounteney) which could have scuppered this sale. Thank you Katie for your support and customer service which is much appreciated. Liz and family.
Ian Dillon
Ian Dillon
1729863805
I have recently sold a property using Mounteneys Conveyancers Cheadle. The service I received was excellent, despite one or two complexities. Mounteneys staff were patient, supportive and kind. I would recommend Mounteneys to anyone .
Jay In Woodford
Jay In Woodford
1729806460
We are extremely pleased with the whole Cheadle Office Team who dealt with the sale of our Apartment in Cheadle. I would like to thank Katie in particular who was professional and tenacious in keeping the Sales process moving in the past few weeks. I am delighted how quickly Katie made the sale move to completion. She was thorough and fantastic with her communication. I wouldn’t hesitate to use them again and will be recommending them to Family and Friends - Well done Katie - Keep up the great work - Highly Recommend.
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Assent of Property

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, require any further information, or would like to engage us (that will be on the T’s & C’s that are linked, “Our Terms”, in the footer, below) 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.