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Assent

Also known as: Personal Representative's Assent, Executor's Assent

Definition

An assent is a legal document that transfers ownership of property from a deceased person's estate to the beneficiary who inherits it, completed by the executor after obtaining probate.

Understanding assents is essential for anyone inheriting property—this is the legal mechanism that actually transfers ownership from the deceased's estate into your name.

What Does Assent Mean?

Under the Administration of Estates Act 1925, an assent transfers property from a deceased person's estate to the beneficiary entitled to receive it. It must be in writing and signed by the executor or administrator. Unlike a property sale, an assent involves no payment—it's essentially a gift from the estate. Only personal representatives have authority to execute assents.

The executor must obtain probate before executing an assent. For registered property, the Land Registry requires form AS1 (whole title) or AS3 (part of title), which must be registered to complete the legal transfer. There's no Stamp Duty Land Tax on assents as no money changes hands. Jointly owned property held as joint tenants passes automatically to the surviving owner—no assent needed. Sarah inherited her father's £280,000 Bristol house. After probate, her executor completed form AS1 and registered it with the Land Registry, making Sarah the legal owner.

An assent relates back to the date of death—for capital gains tax, your acquisition date is the date of death, not when registered. You cannot sell or mortgage inherited property until the assent is registered with the Land Registry, even if named in the will. While assents transfer property, other assets like money or personal belongings transfer more informally. If a beneficiary pays for the property, the executor must use a transfer deed (form TR1) instead—assents cannot involve payment.

Common Questions

"When do I need an assent for inherited property?" You need an assent when transferring property from a deceased person's estate to a beneficiary named in the will. The executor must complete an assent (using Land Registry form AS1) after obtaining the grant of probate. If the property is jointly owned, ownership passes automatically to the surviving owner without an assent.

"What's the difference between an assent and a property sale?" An assent transfers property from the estate to a beneficiary without payment—it's essentially a gift. If the beneficiary is paying money for the property, you must use a transfer deed (form TR1) instead, as assents cannot involve consideration or payment of any kind.

"Do I need a solicitor to complete an assent?" While executors can complete an assent themselves using Land Registry form AS1, many choose to use a solicitor to ensure the transfer is handled correctly. The executor must have obtained the grant of probate first, and the assent must be registered with the Land Registry to legally transfer ownership.

Common Misconceptions

Myth: Once I'm named as a beneficiary in the will, the property is automatically mine.

Reality: Being named in a will gives you the right to inherit the property, but you don't legally own it until the executor completes an assent and registers it with the Land Registry. Until then, the legal title remains with the executor, and you cannot sell, mortgage, or otherwise deal with the property.

Myth: I can use an assent to transfer property to my children during my lifetime to avoid inheritance tax.

Reality: An assent can only be used to transfer property from a deceased person's estate—it's not available for lifetime gifts. If you want to gift property during your lifetime, you need a different legal mechanism like a transfer deed or deed of gift. Assents are specifically for post-death estate administration.

  • Executor: The person with legal authority to execute assents and transfer property to beneficiaries.
  • Beneficiary: The person who receives property through an assent as specified in the will.
  • Property Transfer: The broader concept; an assent is the specific type for inherited property.
  • Estate Distribution: The process of distributing estate assets, with assents as the mechanism for property.
  • Grant of Probate: The legal authority executors must obtain before executing an assent.
  • Land Registry: The government body where assents must be registered to complete the transfer.
  • Title Transfer: The legal effect of an assent, moving title from the estate to the beneficiary.

Need Help with Your Will?

Understanding how property transfers work after death helps you create a will that makes the assent process straightforward for your executor. Clear instructions about who inherits your property reduces confusion during estate administration.

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Legal Disclaimer:

This article provides general information only and does not constitute legal or financial advice. WUHLD is not a law firm and does not provide legal advice. Laws and guidance change and their application depends on your circumstances. For advice about your situation, consult a qualified solicitor or regulated professional. Unless stated otherwise, information relates to England and Wales.