How Property is Transferred From an Estate

This article was written for and published as original content in the East Anglian Daily Times publication.

When assets are left in a Will, the Executors named in the Will are legally responsible for transferring ownership of these to the beneficiaries named by the deceased. When it comes to property, such as land, houses or flats, this is generally carried out by way of an Assent.

The process of an Assent

The Assent identifies whose name is currently on the legal title, who has been appointed as Executor, and who the property should now be registered to. Once completed, the relevant documents are submitted to the Land Registry, which updates the legal title accordingly.

Who can help in this process?

This is not an area dealt with by all Solicitors and is not simply a matter of signing a document. A Solicitor will need to check that a valid Grant of Probate or Letters of Administration is in place, alongside checking the terms of the Will to ensure that the property is being transferred to the correct beneficiaries.

Potential complications

There can also be restrictions on the legal title that must be resolved before any transfer of ownership can be registered. In some cases, these restrictions relate to third-party interests that need to be addressed first, particularly where the deceased jointly owned a property with another person who left their own share elsewhere.

At Thompson Smith and Puxon, we specialise in complex property matters and deal with Assents of both registered and unregistered land. We also frequently assist families where one beneficiary wishes to buy out the others, helping to keep a property within the family while ensuring everyone receives their fair share.

If you would like advice on Assent of Property, please contact the expert Residential Property team at Thompson Smith and Puxon by emailing enquiries@tsplegal.com or by calling 01206 574431.