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When a beneficiary is entitled to inherit a specific property under a will, or takes the property as part of their share of the residue, the executor transfers legal ownership using an assent. For registered property, this is done using Land Registry form AS1. The process is straightforward but requires careful completion and correct documentation.
An assent is a legal document by which a personal representative (executor or administrator) transfers ownership of an estate asset — typically property — to the person(s) entitled to it under the will or intestacy rules. It is not a sale. The beneficiary is not paying for the property (though they may take it subject to a mortgage or in exchange for other estate assets).
An assent operates differently from a transfer on sale (which uses form TR1). No Stamp Duty Land Tax (SDLT) is due on a straightforward assent to a beneficiary, provided no consideration is paid. If the beneficiary is paying other beneficiaries for their share, or assuming a mortgage, SDLT implications should be checked with a conveyancer.
For registered property — held at the Land Registry with a title number — the executor uses form AS1. This is filed with the Land Registry along with an AP1 application form, the fee, and a certified copy of the grant of probate.
For unregistered property — where title is proved by title deeds rather than the Land Registry — the executor executes a written assent document and hands over the title deeds. The beneficiary should then apply to register the title at the Land Registry for the first time (compulsory first registration is triggered by an assent).
Form AS1 is available from the Land Registry. Key sections include:
| Panel | What to complete |
|---|---|
| Panel 1 – Title number | The Land Registry title number of the property being transferred |
| Panel 2 – Property | Full address of the property; whether whole or part of the title is being transferred |
| Panel 3 – Registered proprietor | Name of the deceased as shown on the register |
| Panel 4 – Personal representative | Name and address of the executor(s) — who is making the assent |
| Panel 5 – Beneficiary | Full name and address of the beneficiary who is to be registered as new proprietor |
| Panel 6 – Capacity | How the beneficiary will hold the property: sole owner, joint tenants, or tenants in common (if multiple beneficiaries) |
| Panel 7 – Declaration of trust | If tenants in common, the declaration of beneficial shares |
| Panel 8 – Execution | Executor signs and dates; a witness signs (the witness must be an independent adult, not a party to the transaction) |
When lodging the AS1, the executor must also file:
If there is a mortgage on the property, the position depends on whether it is being redeemed or transferred:
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For selling the property rather than transferring it, see our selling a probate property guide.
If the deceased owned the property jointly, the outcome depends on whether it was held as joint tenants or tenants in common:
For the distinction between joint tenancy and tenancy in common, see our complete UK probate guide 2026.
An assent to a beneficiary is not a disposal for CGT purposes by the executor — it is treated as a "no gain, no loss" transfer. The beneficiary takes the property at its probate value as their CGT base cost. When they later sell, they will pay CGT on any gain above that probate value.
See our CGT on inherited assets guide for the full CGT picture on inherited property.
The assent should only be executed once:
Premature assents before debts are settled can create problems — if the estate turns out to be insolvent, an assented property may need to be recovered. See our what to do after grant of probate guide for the correct sequencing.
For the full administration process, see our estate administration checklist, complete UK probate guide 2026, and applying for probate guide. For appropriating non-property assets, see our deed of appropriation guide. For distributing the estate, see our distributing the residuary estate guide. For estate accounts, see our estate accounts guide. Farra can help — get started here.
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