The transfer of a property to a beneficiary after someone has died is done by means of an 'Assent' and the property is said to be assented from the personal representatives of the estate to the beneficiary.
Is an Assent always needed?
This takes into account factors such as insulation, heating and hot water systems, ventilation and fuels used.
- If the person who died owned property as ‘joint tenants’ (clickable link?) with someone else then their share in the property would automatically pass to the other owner(s) outside of what is in the deceased’s Will or the Rules of Intestacy (if there is no Will) and an Assent would not be needed. However, the title deeds or Land Registry register would need to be updated with the new ownership details and Sampson Solicitors are able to assist you with this.
- If the person who died, owned property as ‘tenants in common’ (clickable link) with someone else and that co-owner inherited the deceased’s share under the Will or Rules of Intestacy, an Assent may not always be needed if they are also the Personal Representatives under the Will or the Rules of Intestacy. There are Land Registry procedures which can avoid the need for an Assent. Sampson Solicitors can advise you on the most appropriate way to deal with the transfer of the title deeds.
- Where the person died and gave their share of a property to a person not already named on the title it is likely that an Assent will be needed which will involve the personal representative of the estate transferring the property to the beneficiary and Sampson Solicitors can assist you with this.
At Sampson Solicitors, our expertise in probate matters as well as property matters means that you will have all the expertise needed when it comes to dealing with deceased estate and property. We charge a fixed fee of £350 plus VAT and disbursements when transferring or assenting a property following the death of an owner. If you are unsure about how to deal with the property of a deceased owner then please contact us..