When an assent is used — and when a transfer (TR1) is used instead
An assent and a transfer both move title — but they are used in different circumstances. Choosing the wrong form will cause Land Registry to reject the application.
Use AS1 when: a beneficiary inherits the property
If the will leaves a specific property to a named beneficiary ('I give my house at 12 Oak Street to my daughter Emma'), or if the intestacy rules entitle someone to the property, the transfer from the estate to that person is an assent (AS1).
There is no sale price — the beneficiary is entitled as a matter of law.
Use TR1 when: the property is being sold
If the estate is selling the property to a buyer (whether to pay debts, or because the residuary estate is being distributed in cash), the transfer to the buyer uses TR1.
This is a standard property sale conveyance.
Use TR1 even if the buyer is a beneficiary purchasing the property at market value from the estate.
What if the beneficiary is also one of the executors?
An executor who is also a beneficiary can assent property to themselves.
The legal formality must still be observed — they cannot simply move in and treat the property as theirs.
The AS1 must be completed and registered.
If there is only one executor/beneficiary, Land Registry will note the assent correctly.
Joint beneficiaries
If the property is to be assented to more than one beneficiary (e.g. two children in equal shares), the AS1 names all beneficiaries and specifies how the property is to be held: as joint tenants (both own the whole, right of survivorship applies) or tenants in common in specified shares.
This decision should be agreed between the beneficiaries before the AS1 is completed.
An assent and a transfer both move title — but they are used in different circumstances. Choosing the wrong form will cause Land Registry to reject the application.