Assent of Property

It is frequently the case that when someone dies, there is a property in their Estate which the deceased either owns outright or jointly with another person. It is usually the case that the deceased’s interest in the property will need to pass by a formal deed called an assent.

Jointly Owned Property and When an Assent Is Not Needed

Some joint ownership does not result in the need for an assent. In cases where the property is owned jointly with another person as a “joint tenancy” (where the nature of the ownership allows the surviving joint owner or owners to inherit the property interest automatically on death without the need for any formal deed) there is no need for the property to be formally transferred by an assent.

In such cases, all that is required is an original death certificate as the evidence of the death which can be placed with the deeds, however, it is still advisable to notify the Land Registry if the property is a registered title or consider First Registration of the property (see our section on First Registration) if it is unregistered.

Transferring the Deceased’s Interest in the Property

Where the property is not owned as a joint tenancy, it is necessary to transfer the deceased’s interest in the property to the beneficiary or beneficiaries in accordance with the terms of the Will. This is usually done once a Grant of Probate or a Grant of Representation has been obtained, which is the legal document that permits the Personal Representatives to deal with the deceased’s assets.

The property interest will be transferred by a formal deed, which the Personal Representatives of the Estate will sign to give effect to the assent. The deed may be very straightforward to prepare but it can be complex if there are numerous beneficiaries and/or the title is unregistered and there are problems with the physical deeds. There may even be some cases where it is not possible to transfer the property to the beneficiary outright, for example, if the property is left to a person under the age of 18 years.

Identification and Completion Requirements

At the assent stage, there may also be some identification requirements to formally identify the beneficiary or beneficiaries prior to completion of the assent and there is likely to be some correspondence with the beneficiary or beneficiaries prior to completing the assent.

Once the assent has been formally completed, it will be necessary to either update the title at the Land Registry if it is a registered title or to deal with First Registration (see our section on First Registration) of the property if it is unregistered. Please note that in cases where the legal ownership of the property changes, it is compulsory to deal with First Registration of the property in the new owner/s names.

When We Can Assist with the Assent

An assent in an Estate is usually done in conjunction with this firm being instructed to assist the Personal Representatives with the administration of the Estate.

However, it can also be done as a standalone transaction where the Grant of Representation has already been obtained by the Personal Representatives (either using other legal advisors or by acting in person) and the Estate matters appear to be in order.

In such cases, we would consider the position fully with you before accepting your instructions.

Our Fees and Additional Costs

Our fees for dealing with an assent will usually depend upon the value of the property, the number of beneficiaries and the complexity of the title if this is unregistered (i.e. if there are other factors to be considered like charges or missing deeds) of the property.

Our range for this work is between £500 plus VAT (which on £500 is £100) and £1000 plus VAT (which on £1000 is £200) together with the relevant Land Registry fee payable on registration of the updated ownership (based on the value of the property). It may also be necessary to obtain up to date copies of the title at £7 plus VAT of £1.40.

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