Assent of Property

Asset of property is a legal term for when the ownership of a property is transferred to another person following the owner’s death. At Coodes, we recognise that handling the estate of a deceased family member can be a very sad and stressful experience. Unfortunately, it can also involve a complex legal process. Our specialist residential property team, working closely with our expert Wills and Probate lawyers, will ensure that you understand the process fully and are supported every step of the way.

What is an Assent of property?

An Assent sometimes takes place after someone has died and left directions in their Will that their property should be inherited by a particular person. This could be the co-owner of the property, often the deceased’s spouse or partner, or the owner could have left it to their children or grandchildren. The property Assent is the formal transfer of the ownership of the property to the new owner.

Property Assent advice

Getting the right advice about property assent is important, whether you are the executor of an estate and tasked with managing or selling off the deceased’s home or if you are a beneficiary named in the Will and set to receive the property. And, while Assent of Property does not attract Stamp Duty Land Tax, it can have financial consequences for the beneficiary in terms of inheritance and/or capital gains tax, especially if the property appreciates in value. For this reason, it is best to tackle the Assent as soon as possible. Our award-winning conveyancing team and renowned Wills and Probate lawyers will work together to ensure you get the right Assent of property advice, helping the whole process to go smoothly.

Our specialist lawyers will check the title and provide a report on the property. We can also offer additional advice, including carrying out searches. These can give you important information on any issues over access, rights of way and wayleaves, easements and covenants, which relate to restrictions or obligations you might have as new owner of the property. These may be particularly relevant where a property has been in one ownership for a long period – when someone dies, their knowledge about their home is also lost. We will piece together as much information as possible so the new owner can make the best of the property.

To ensure that you do not encounter any problems, we recommend investigating the property title early. There are cases of people inheriting property and then discovering there is a neighbourhood dispute, or physical defects in the property, or other matters that affect its value, and potentially the amount of inheritance tax that is payable. These problems can be costly and stressful, but our specialist lawyers can guide you through them, helping things go as smoothly as possible.