Documents needed for an Assent

ReggieT23

Once probate is granted we the executors intent to complete an assent so that our mother is the sole beneficial and legal owner of the property she shared as tenants in common with out father.  We have been told that this will remove the form A restriction and mean that she can raise finance in the form of an equity release.  What documents do we need to supply with the AS1, AP1 forms ie is it just the grant of probate  ?  Do any of us need to complete ID1s ?  How long after submitting the forms and fee will it take ?
Sorry that's 3 questions in one thread but we would be very grateful if anyone can offer clarity.

woodbine66

If you phone the Land Registry they are great at telling you what you need to do. I was an executor for the first time last year and had to re-register some land into the beneficiaries names. I didn't have a clue about conveyancing, and it was complicated because the land wasn't registered. Had to use 100 year old deeds and epitomes of title I found in the deceased's home. The land Reg got me through it all.

ReggieT23

woodbine66 said:

If you phone the Land Registry they are great at telling you what you need to do. I was an executor for the first time last year and had to re-register some land into the beneficiaries names. I didn't have a clue about conveyancing, and it was complicated because the land wasn't registered. Had to use 100 year old deeds and epitomes of title I found in the deceased's home. The land Reg got me through it all.

Thank you for the tip i have spoken to Land Registry who were amazingly helpful.  They have said that the process we need to follow for what we want to do is different to that as advised by my mothers solicitor !  We are going back to mums solicitors to seek clarification but if land registry is correct the 'right' process is a lot less complicated.
So glad you got your issue sorted out strange how we become experts through necessity in things that are totally alien to your normal life experience!

xylophone

On the death of a tenant-in common, the remaining owner becomes the sole legal (although not beneficial) owner of the property and as such, despite the Form A  restriction, could actually sell the property without reference to the exor of the deceased by getting another person to act as joint trustee in the sale.

Of course that would not free her of the responsibility to hold the proceeds of sale due to the deceased's estate for the benefit of his named beneficiaries.

In this particular case, by virtue of the deceased's will, she became both sole legal owner and sole beneficial owner  on his death so could simply apply to  have the deceased's name and the Form A restriction removed from the Register?