Do we have to do transfer of assent?

TamVilla80

Father in law passed away in January. We are looking to buy sister in law out of her half and move in to late Father in Law's house. 
We are just waiting for Probate (16weeks and counting....) and understand we need to apply an assent to the land registry to change the name from Father In Law, to husband and his sister. Solicitor quoted £600-900 to do this.
My question is do we need to do this, can we not just transfer the name to my husband when the sale has gone through and we have bought his sister out? Seems like we are doing the same thing twice? 

gwynlas

You only need to change name once when transfer/sale completed as until probate settled property belongs to the estate.

propertyrental

Do nothing till you have Probate. Then transfer into name(s) of ultimate Beneficiaries (you & your husband). If sister is being 'bought out' no need to register in her name.

Is there a mortgage?

If not, should be a simple assent. 

https://www.gov.uk/update-property-records-someone-dies

If you transfer to a beneficiary
To transfer a property to a beneficiary, download and fill in the following forms:

• ‘Change the register’ (sometimes known as form AP1)

• ‘Whole of registered title: assent’ (sometimes known as form AS1)

You must also send:

• the original or an official copy of the grant of probate or letters of administration issued in the UK

• the Stamp Duty Land Tax certificate or self-certificate, or Land Transaction Tax certificate for properties sold in Wales on or after 1 April 2018 (if tax was paid on the property)

• a fee - check the fee calculator

The beneficiary must fill in ‘Verify identity: citizen’ (sometimes known as form ID1). You’ll also need to complete the form if you’re transferring the property and you’re not the executor.
Send all the completed forms and supporting documents to HM Land Registry.

TamVilla80

Thank you. Just seemed a bit of a waste of money to do it twice, but want to make sure we do it all properly.
We will be paying sister in law with the funds from when we sell our house, so could we just transfer the assent to me and my husband when we are ready to pay his sister?

propertyrental

TamVilla80 said:

......
We will be paying sister in law with the funds from when we sell our house, so could we just transfer the assent to me and my husband when we are ready to pay his sister?

Unless there's suspicion in the family, there's no need to do both at same time.