Property Assent - The Transfer of Property Ownership After Death

Our Assent of Property Solicitors 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.

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.

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.

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.

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.

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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.