Deeds of Assent

Deeds of Assent

What is a Deed of Assent?

Where a person inherits a property from a deceased's estate the property is transferred to him via a Deed of Assent by the executor or personal representative of the deceased. Effectively, the personal representative is assenting to the transfer of the property. An Assent would not be appropriate if the person inheriting the property would be making a financial contribution towards it, as where the property was left to him and another, and the money was being used to purchase the other's share. In this case a Transfer Deed would be used instead.

What Information is contained in a Deed of Assent

The information contained in a Deed of Assent will differ according to whether or not the property is registered. If it is not registered a Deed will be prepared, and the property documents will be submitted to the Land Registry for first registration. If the property is registered the Land Registry form AS1 will be used or AS3 if only part of the property is being transferred.

The information in an Assent where the property is registered will contain the property address, date, name of the deceased, name of the personal representative, name and address of the beneficiary or beneficiaries. Where there is more than one beneficiary there will be a declaration of trust, i.e. a statement as to whether the property is to be held by them as joint tenants or tenants in common, or other trust terms.

Where the property is unregistered the same information as above will be contained within the Assent Deed, but there may also be recital clauses to explain how the Assent came about, and this may contain additional information.

How to Obtain a copy Deed of Assent

Deeds of Assent will usually be found within the pre-registration deeds and documents for the property, which means they may be with a mortgagee, bank or solicitor, or even in the house. Assents may form part of the root of title of a property and may therefore be part of an Abstract of Title or Epitome of Title.

Where the property has become registered a Deed of Assent may have been copied by the Land Registry, and if so a note to this effect will appear at the end of any paragraph in the Title Register that refers to it. A copy can then be obtained from the Land Registry.

Associated Documents Search

A Associated Documents Search will provide you with a copy of all documents copied by the Land Registry on any Title, for the singular fee of £29.95, however many documents there are. If an Assent has been copied this will be included.

Associated Documents Search