Deed of Assent of Property - Form AS1
When someone dies, their property must be legally transferred to their beneficiaries. This process, called estate administration, involves several steps, whether you are a beneficiary or the executor/administrator.
A key document in the transfer of property ownership is the Deed of Assent (Form AS1), also referred to as property assent. This legal document formally conveys ownership from the estate of the deceased to the beneficiary.
We'll explain what a Deed of Assent is, who is involved in the process, how it works within the context of estate administration, the necessary forms (including the AS1 form), the costs involved, and what happens after the property is legally transferred.
What is an assent?
An assent, also known as an assent of property, is a legal document that officially transfers property ownership from the deceased's estate to the beneficiary (the new owner) named in their will.
If there is no will, the property is transferred according to intestacy rules, which determine how assets are distributed when someone dies without a will. The executor (named in the will) or administrator (appointed by the court) must formally declare that they agree to the transfer.
The assent is the legal handover of the property. The beneficiary now has all ownership rights and responsibilities, including paying property taxes and maintaining the property. For example, if John's will leaves his house to his daughter Mary, the executor would use a Deed of Assent to transfer ownership to Mary.
Assent vs Transfer
A transfer happens while the owner is alive; an assent happens after death as part of settling the estate.
Transfers, often referred to as a property transfer or a transfer of equity, typically involves a sale or gift of property between living individuals. For example, if you sell your house to someone, that's a transfer.
An assent transfers property from a deceased person's estate to a beneficiary. It's part of probate—the legal process of administering a deceased person's estate.
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- What are my responsibilities?
- What forms do I need to submit to HMRC?
- How do I get the title deeds?
- How much inheritance tax (IHT) is payable?
Who can assent property?
The appointed personal representative (administrator or executor) who has been granted probate or letters of administration.
An executor manages the deceased's estate and will either sell the property to split funds through beneficiaries or assent the property to them.
An executor might not assent if the estate needs funds to pay debts or taxes, or if the will instructs the executor to sell the property. If there is no will, or if the executor is unable or unwilling to act, the court appoints an administrator. The administrator has the same legal authority as an executor.
Download a sample AS1 Form
For use by an executor or administrator or solicitor (recommended).
How to assent a property
Assenting a property involves legal procedures and documentation, so you should instruct a solicitor who specialises in probate and property law. They will ensure that the process is handled correctly and efficiently.
- 1
Determine the property's status
Your solicitor will determine whether the property is registered at the Land Registry and identify any relevant details about the title.
- 2
Grant of Probate or Letters of Administration
The executor or administrator will need to obtain the legal authority to deal with the deceased's estate. This is usually done through a grant of probate (if there's a will) or letters of administration (if there's no will).
- 3
Preparing the Land Registry Forms - Form AS1 or DJP Form
The AS1 form, officially titled "Assent," is the primary document used to register the change of ownership at the Land Registry. It must be completed accurately and include details about the deceased, the executor/administrator, the beneficiary, and a full description of the property.
In certain situations, such as when dealing with jointly owned property passing to a surviving owner, a DJP form may be required. Your solicitor will determine if this form is necessary for your specific circumstances and assist you with its completion.
Your solicitor will prepare these documents, ensuring they are accurate, complete, and signed by the executor or administrator.
- 4
Submitting the application
The completed documents, along with the required fees, are submitted to the Land Registry to register the change of ownership. Your solicitor will handle this submission.
- 5
Finalising the transfer
Once the Land Registry approves the application, the property's title will be updated to reflect the new ownership. Your solicitor will confirm the registration and provide you with the necessary documentation.
Would you like to run through your Land Registry needs with a really helpful person?
Call us at 0333 344 3234 or request a callback/email to answer your queries about our Land Registry application services. SAM's UK-based team will explain which of our solicitor services are required to make changes to the title.
There's no obligation to instruct. We'll make sure you understand your options and provide a free, fixed-fee quote for our best-value service to meet your needs. No robots, no call centres. Property challenges solved.
Costs of property assent
The fees mentioned below are general ranges and should not be considered fixed fees.
Solicitor fees
These fees can vary significantly (from a few hundred pounds for simple assents to several thousand for more complex cases). Their services typically include:
- Preparing the Deed of Assent and other necessary legal documents.
- Handling the registration process with the Land Registry.
- Providing legal advice on all aspects of the property assent and estate administration.
Some solicitors might charge an hourly rate (typically £200-500+ per hour), but SAM's panel of solicitors work on a fixed-fee basis and we can complete a Deed of Assent for you from just £299.
Land Registry fees
The Land Registry charges a fee to register the change of ownership. This fee is based on the value of the property and can range from a few pounds to several hundred pounds. You can find the most up-to-date fee information on the Land Registry's website.
Other potential costs
- Probate fees (court fees for obtaining the Grant of Probate or Letters of Administration) - around £250.
- Valuation fees (if a formal valuation of the property is required) - SAM's fee for a probate valuation starts from £399 INC VAT.
- Search fees (for conducting property searches) - SAM's search bundle starts from £325 INC VAT.
- Estate administration costs (expenses related to managing the deceased's estate) - range from £1,000 to £5,000.
Overall costs can range from around £2,300 to £6,300.
What happens after a property assent?
Once the Land Registry has registered the change of ownership, the beneficiary (or beneficiaries) named in the Deed of Assent becomes the legal owner(s) of the property.
Ownership and responsibility
The beneficiary now holds the title to the property and assumes all the rights and responsibilities that come with ownership. This includes:
- The right to live in the property (if they choose).
- The right to sell, transfer, or mortgage the property (subject to existing restrictions or agreements).
- The responsibility for paying property taxes (council tax).
- The responsibility for maintaining the property.
Mortgage (if applicable) and insurance
If there is a mortgage on the property, the beneficiary will become responsible for the mortgage payments. It's essential to contact the mortgage lender to inform them of the change in ownership and ensure the mortgage is transferred into the beneficiary's name. The lender will need to consent to the transfer.
If the lender does not consent to the transfer, the beneficiary may need to sell the property to repay the existing mortgage. The proceeds from the sale would first be used to settle the outstanding mortgage balance, and any remaining funds would go to the beneficiary (or beneficiaries) according to the terms of the will or intestacy rules.
Alternatively, the beneficiary might explore remortgaging the property in their own name. This would involve taking out a new mortgage to replace the existing one.
The beneficiary should update the property insurance to reflect the change in ownership. This will ensure they are adequately protected in case of any damage or loss.
Contact us to request a free call back or an email from our transfer team. We'll answer your queries whether you're adding or removing someone to or from the legal title. We can also help if you want to assign the beneficial, not legal ownership, for income and tax purposes.
There's no obligation to instruct. We'll provide a free, fixed-fee quote for our best-value service to meet your needs. No robots, no call centres. Property challenges solved.
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