Legal Assent in Property: What It Means

What is legal assent?

An assent is the legal instrument used by a deceased person’s personal representatives (executors with a will or administrators on intestacy) to transfer legal title to a beneficiary who is entitled to the property. Unlike an ordinary sale transfer, no price is paid; the transfer reflects the beneficiary’s entitlement under the will or the intestacy rules. After registration, the beneficiary becomes the new registered proprietor.

When is an assent used?

Use an assent when transferring a deceased owner’s property to a beneficiary. If a property is being sold to a third party by the estate, the personal representatives use a standard transfer (TR1) on sale instead. Where only part of a registered title is gifted, the assent of part (AS3) is used with a compliant plan.

Who is involved

• Personal representatives (PRs) – they execute the assent and give good title following the grant of probate/administration.
• Beneficiary – receives the legal estate; may need to provide ID checks and lender consent where applicable.
• Conveyancer – prepares the deed, conducts searches if required, files the application to HM Land Registry (HMLR).
• Lender/warranty providers (if any) – consent may be required if the title is charged or restricted.

Key steps in an assent

1. Probate/Administration granted – PRs obtain authority to deal with the estate.
2. Title review – check restrictions, charges, leases, covenants and identity of the property.
3. Prepare deed – complete AS1 (whole) or AS3 (part), plus AP1 cover; attach plan if part.
4. Execution & ID – PRs execute in accordance with HMLR requirements; provide ID1/ID2 where needed.
5. HMLR application – submit the deed, probate, fee, and supporting evidence.
6. Registration – beneficiary is registered as proprietor; any charges/restrictions updated.

Documents & forms

• AS1 (assent of whole) or AS3 (assent of part) – the transfer deed.
• AP1 – application to change the register.
• Official copy entries and title plan; plan for part transfers.
• Grant of probate or letters of administration.
• ID1/ID2 forms for verification where applicable.

Legal checks

Fees & taxes

• Land Registry fee – based on value/scale fee for a transfer; reduced for electronic applications where eligible.
• Conveyancer fees – vary with complexity (leasehold, part title, restrictions).
• SDLT – not payable on a pure assent with no consideration. It may apply if a beneficiary assumes a mortgage or provides consideration.

How long it takes

Simple freehold assents can complete registration in weeks, but current HMLR timescales for complex cases can run to several months. Leasehold and part-title assents typically take longer due to consents and plans.

Assent vs TR1 transfer

Both transfer legal title, but an assent documents a beneficiary’s entitlement after death; a TR1 is used for sales and most inter vivos transfers. Where the estate sells a property to a third party, PRs will execute a TR1 rather than an assent.

What if there is a mortgage?

Mortgaged property can be assented with lender consent. The beneficiary may refinance, redeem the loan on completion, or accept the debt (which can trigger SDLT). The Land Registry will update the charge and ownership accordingly.

Disputes & caveats

Where entitlement is disputed, PRs should avoid assenting until resolved. Interested parties may lodge a restriction or a caveat at the Probate Registry; legal advice is essential where challenges arise.

Conclusion

An assent is the formal route to put the right beneficiary on the title following a death. With probate granted, correct forms, and any required consents, the process is usually straightforward. Early checks on restrictions, leasehold provisions and mortgages help keep the application on track.