Property Law Online

Probate

Form AS1: assent of whole

The deed that passes an inherited property from the estate to whoever is entitled. Grant checked, AS1 drafted, register updated, one fixed fee.

HM Land Registry publishes the current form on GOV.UK. Send us a question about it and we reply by email.

Form AS1 is the HM Land Registry deed by which personal representatives, executors or administrators, vest the whole of a registered property in the beneficiary entitled to it. Property Law Online checks the grant and the register, drafts the assent, deals with any mortgage or restriction, and registers the beneficiary across England and Wales.

What does form AS1 ask for, panel by panel?

Form AS1 mirrors the TR1 closely, with two panels for the deceased and the personal representatives in place of the transferor. It runs to twelve panels, the same as the TR1, because it drops the TR1 consideration panel: an assent is not for value. Panel numbering below follows the 04/24 edition, which is the one HM Land Registry publishes as at 19 September 2026. Take the form from the registry's own page on the day you lodge and check the date code in its footer, which is what identifies the edition, rather than the date shown on the publication page around it.

The form is prescribed by the Land Registration Rules 2003. The evidence required with it, and how HM Land Registry deals with restrictions and charges after a death, is in Practice Guide 6.

PanelWhat it asks forCommon mistakes
1 to 2, Title number and propertyThe registered title number, and the full address with postcode or a descriptionBlank, or the wrong title for a leasehold flat; address that does not match the property register
3, DateThe date the assent takes effect, added after signing and witnessingDated before the grant was issued
4, Name of deceased proprietorThe deceased's full name as it appears on the registerUsing the name on the death certificate where the register shows a different one, with no explanation
5, Personal representativeFull names of every personal representative who took the grantOne executor missing; an executor who reserved power listed as if they had taken the grant
6 to 7, Transferee and address for serviceFull name of each beneficiary to be registered, and up to three addresses for service, one postalInitials; a beneficiary named differently from the will with no explanation; the deceased's address given for a beneficiary who lives elsewhere
8 to 9, Assent and title guaranteeThe operative words by which the personal representative transfers the property to the transferee, then full or limited title guaranteeAltering the wording; personal representatives giving full guarantee, which they rarely should
10, Declaration of trustWhere more than one transferee: joint tenants, tenants in common in equal shares, or another trustNot completed for several beneficiaries; transferees not signing when it is
11, Additional provisionsAny indemnity covenant, application for a restriction, or other agreed termsA restriction the will requires being left out
12, ExecutionEach personal representative signs as a deed with a witness who adds name and address; transferees sign if panel 10 is completedWitness is the beneficiary; no witness address; one representative unsigned

Can I complete form AS1 myself?

Yes, in principle. Personal representatives may apply in person, lodging the assent under an AP1 with a certified copy of the grant and identity evidence for every party not represented: form ID1 for an individual or ID2 for a company, with a conveyancer completing section B in person or section C after a digital check, or form ID3 where the person verifying is one of the professions Practice Guide 67 lists instead. Where a conveyancer verifies by video call, form ID5 is not an alternative to the ID1; it replaces section B or C and goes in with the ID1 and a colour copy of the screenshot (Practice Guide 67, updated 1 September 2026, checked 19 September 2026). Where the deceased was sole owner, there is no mortgage and one beneficiary takes everything, the form is manageable.

What tends to send executors to a licensed conveyancer is the register: a Form A restriction from a tenancy in common, a mortgage that has to be redeemed, a lender's consent, or a will that requires a restriction to be entered to protect a life interest. Getting any of those wrong means a returned application and, sometimes, a beneficiary registered on terms the will did not intend.

Doing it yourselfWith Property Law Online
Checking entitlement against the will or intestacyYou read the will and the rulesConfirmed by us before drafting
Register check for charges and restrictionsYou obtain and read the official copiesObtained and read on day one
MortgageYou deal with the lenderRedeemed from the estate or consent obtained by us
Form A restrictionYou work out whether a second trustee or a cancellation is neededRoute decided and applied for
Declaration of trust for several beneficiariesYour choice, unadvisedExplained, with a deed of trust where shares are unequal
Identity evidenceForm ID1 for each personal representative and beneficiaryCovered by our verification and certificate
Lodging and requisitionsPaper AP1 by post; you answer queries in timeLodged electronically; requisitions answered by us
CostHM Land Registry fee at the paper rate; your timeOne fixed fee in writing, plus the HM Land Registry fee

Should the executors assent the property or sell it?

Both are open to personal representatives once the grant is issued. An assent puts the property into the beneficiary's name for no consideration, so no Stamp Duty Land Tax or Land Transaction Tax is normally due and no return is required, and taking over a mortgage that was already secured on the property at the date of death does not change that (Finance Act 2003 Schedule 3, assents and appropriations by personal representatives, and Schedule 4 paragraph 8A; Land Transaction Tax and Anti-avoidance of Devolved Taxes (Wales) Act 2017 Schedule 3 paragraph 5, all checked 20 September 2026); any later sale is the beneficiary's, and any gain since the date of death is theirs to report. A sale by the personal representatives, on a TR1 lodged with the grant, turns the property into cash within the estate, which is simpler where several beneficiaries are to share it.

The choice turns on what the beneficiary wants to do with the property, on the capital gains position, and on whether any beneficiary needs to raise a mortgage. We explain how each property route works, with the capital gains figures confirmed by an accountant or tax adviser because we do not give tax advice, and our probate property sale service covers the sale route.

Why does HM Land Registry reject form AS1?

  • Not every personal representative has signed

    All the personal representatives who took the grant must execute the assent. One of three executors signing alone is not enough, and HM Land Registry will return the application. Where an executor has died or renounced, that has to be evidenced.

  • No certified copy of the grant

    The assent must be lodged with an official or certified copy of the grant of probate or letters of administration under Practice Guide 6. A photocopy, or a promise to send it, is not accepted.

  • A Form A restriction not dealt with

    Where the deceased held as a tenant in common, the register carries a Form A restriction. Where the property is being sold, a second trustee is appointed formally so the price is paid to two trustees and the deceased's beneficial share is overreached. Practice Guide 24 section 5.1.1 is blunt about the common mistake: having the personal representatives join in with the surviving proprietor is incorrect and does not overreach. Where instead the personal representatives are assenting, the grant has to be produced (Practice Guide 6 section 3.3, checked 20 September 2026).

  • Assenting with a mortgage still on the title

    A charge does not disappear on death. Unless it is redeemed, or the lender agrees to the beneficiary taking it on, the lender's consent is missing and the application stalls. We settle the mortgage position before the deed is drafted.

When do you need form AS1?

An assent is not a sale. It is the step by which the people administering an estate hand a property to whoever inherits it. An executor takes authority from the will itself and an administrator takes it only from the grant, but either way HM Land Registry will not register an assent until the grant of probate or letters of administration has been obtained. Form AS1 is the version for the whole of a registered title, freehold or leasehold alike; an assent of part uses form AS3, and an assent of a registered charge uses AS2. All three are on the 04/24 edition, checked 20 September 2026. An assent of an unregistered estate is a different application: it triggers first registration and goes in on form FR1. Where the deceased was one of two or more joint proprietors, no assent is needed at all, because the legal estate passes to the survivor whether they held beneficially as joint tenants or as tenants in common. The route is form DJP.

A beneficiary keeping the house
A child or partner who inherits the property and intends to live in it, or hold it, rather than sell. The AS1 puts it into their name so they can insure, mortgage or later sell it as owner.
A property left to more than one person
Siblings inheriting together. The AS1 names all of them and panel 10 records whether they hold as joint tenants or tenants in common; a deed of trust is sensible where shares are unequal.
Personal representatives assenting to themselves
Where the executor is also the beneficiary, the assent is still needed. They sign as personal representative and are registered as owner in their personal capacity.
Beneficiaries who will sell later
Where a sale is not immediate, assenting first means the beneficiary sells as owner and any capital gain from the date of death is theirs, which can be better than a sale by the estate, because the beneficiary takes the value at the date of death as their base cost and has their own annual exempt amount (Taxation of Chargeable Gains Act 1992 section 62, checked 20 September 2026). It is not automatic. Where the house was the only or main residence of beneficiaries entitled to at least three quarters of the net proceeds, the personal representatives can claim the relief on a sale by the estate under section 225A, and assenting first gives that up. See selling an inherited home.
Intestacy, under letters of administration
Where there is no will, the administrators first obtain letters of administration, themselves or through a firm holding a probate licence, and then assent to whoever the intestacy rules entitle.
Not right for
A surviving joint tenant (form DJP), a sale by the personal representatives to a buyer (form TR1 lodged with the grant), or unregistered land, where the assent is a written document lodged with a first registration on form FR1.

What does our form AS1 service include?

One fixed fee, agreed in writing before work starts, covers the assent and its registration once the personal representatives hold the grant. They obtain the grant themselves or through a firm holding a probate licence; we do not obtain grants. Where the property is to be sold rather than assented, we quote for the sale instead.

  • Grant and will checked

    We confirm who the personal representatives are, that every one of them who took the grant will sign, and that the person receiving the property is the one entitled under the will or the intestacy rules.

  • Register check

    Official copies of the title register obtained. We confirm the deceased was the sole registered proprietor, or the last surviving joint proprietor, and identify any charge or restriction that must be dealt with before the assent can be registered.

  • AS1 drafted

    Every panel completed, with the declaration of trust in panel 10 explained where more than one beneficiary takes, and any indemnity or restriction dealt with in panel 11.

  • Mortgage resolved

    Where a charge remains, it is redeemed from the estate and discharged, or the beneficiary arranges their own borrowing and the lender consents to the assent.

  • Execution supervised

    Clear instructions for each personal representative on signing as a deed with an independent witness, and for the beneficiary where their signature is required.

  • AP1 lodged and tracked

    The assent is lodged under form AP1 with a certified copy of the grant, the fee and any identity evidence, and tracked until the beneficiary appears on the register.

How is an assent prepared and registered?

Five stages. Nothing can happen until the grant is in hand, so that is where the timeline starts.

  1. Grant in hand

    Probate or letters of administration must be issued before an assent can be made. The personal representatives obtain it themselves or through a firm holding a probate licence; we do not obtain grants. Our work starts once the grant has issued.

    Before instruction

  2. Register and entitlement checked

    We obtain the register, confirm how the property was held, and check the will or intestacy rules against the person the executors intend to assent to.

    Days 1 to 3

  3. Mortgage and restrictions dealt with

    Any charge is redeemed or the lender consents. Any Form A restriction is complied with by appointing a second trustee, which must be a formal appointment rather than the personal representatives simply joining in, or cancelled where the deceased's share has passed to the survivor (Practice Guide 6 section 8 and Practice Guide 24 section 5.1.1, checked 20 September 2026).

    Weeks 1 to 3

  4. AS1 drafted and signed

    The assent is prepared and explained. Every personal representative who took the grant signs as a deed in front of an independent witness; the beneficiary signs where panel 10 or 11 requires.

    Week 2 to 3

  5. Lodged and registered

    The AS1 goes to HM Land Registry under an AP1 with a certified copy of the grant, the fee and identity evidence for any unrepresented party. We answer any requisition and send the updated register.

    Week 3 to 4, then HM Land Registry processing

How long does an AS1 take to register?

Two to four weeks from grant to lodging where there is no mortgage or restriction to deal with; longer where a lender is involved. HM Land Registry then processes the application; an assent of whole is usually dealt with within a few weeks, and the change takes effect from the date the application was received (HM Land Registry published figures, checked 19 September 2026). If the grant has not yet issued, add the Probate Registry's time.

What changes the timescale

  • Whether the grant has already been issued
  • Whether a mortgage must be redeemed or transferred to the beneficiary
  • Whether a Form A or other restriction on the register must be complied with or cancelled
  • How quickly every personal representative can sign in front of a witness
The stagesExample
  1. Grant in hand
  2. Register and entitlement checked
  3. Mortgage and restrictions dealt withIn progress
  4. AS1 drafted and signed
  5. Lodged and registered
An illustration of how a matter moves through these stages. We tell you when each one is done.

What does an assent cost?

Property Law Online is not yet taking instructions, so there is no fee to quote today. This section explains how the cost of this work is usually made up.

An assent is quoted as one fixed fee before you instruct us, in writing, with our fee shown separately from the HM Land Registry fee. Tell us whether the grant has been issued and whether there is a mortgage, and we reply by email. The HM Land Registry fee for registering an AS1 is on Scale 2 from £45 by post, or £20 through the HM Land Registry portal, for a property valued between £0 and £100,000, per the Land Registration Fee Order 2024 (in force from 9 December 2024) (checked 19 September 2026).

Usually covered by the professional fee

  • Grant, will and entitlement checked
  • Register check and restriction review
  • AS1 drafted, explained and checked before signing
  • AP1 lodged with the grant and identity evidence
  • Tracking and any requisition answered

Paid to others, passed on at cost

  • HM Land Registry fee, set by the fee order on the value of the property, on Scale 2, the scale used for transfers not for value, assessed on the value of the property rather than on the nil consideration and reduced by any mortgage the property remains subject to (Land Registration Fee Order 2024, articles 4 and 7 and Schedule 2, checked 20 September 2026)
  • Obtaining the grant of probate or letters of administration, which the personal representatives do themselves or through a firm holding a probate licence. We do not do this work
  • Redemption of any mortgage from the estate, or the beneficiary's new borrowing
  • A deed of trust where several beneficiaries take unequal shares. Quoted separately if you need one

What can add to it: a Form A restriction that needs a second trustee or an application to cancel, a mortgage that must be redeemed or transferred, or an assent to several beneficiaries with a deed of trust. Each is quoted before you instruct, never afterwards.

Frequently asked questions

Do I need a grant of probate before using form AS1?

Yes. An assent can only be made by personal representatives who hold a grant, probate where there is a will, letters of administration where there is not, and HM Land Registry requires a certified or official copy of it with the application. Without a grant there is no one with authority to sign.

What documents do I need for form AS1?

A certified copy of the grant, the will if there is one, the title number or official copies, the full names and address for service of each beneficiary, details of any mortgage, and photo ID and proof of address for every personal representative and beneficiary. We send a checklist once you instruct us.

Is Stamp Duty payable on an assent?

Not normally. An assent to a beneficiary for no consideration is not a chargeable transaction for Stamp Duty Land Tax in England or Land Transaction Tax in Wales, and no return is usually required. Taking over a mortgage that was already secured on the property when the owner died does not change that, and nor does agreeing to bear the inheritance tax on it. What does change it is the beneficiary giving something else, most often cash to the estate or an equality payment to buy out another beneficiary, including where they raise new borrowing to do it. That payment is chargeable consideration, and a return is due once it reaches forty thousand pounds even where no tax is payable. We tell you before signing (Finance Act 2003 Schedule 3, assents and appropriations by personal representatives, and section 77A, with HMRC manual SDLTM00570, checked 20 September 2026).

Can an assent be made to more than one beneficiary?

Yes. All of them are named as transferees in panel 6 and panel 10 records whether they hold as joint tenants or tenants in common. Where the will leaves unequal shares, tenants in common in those shares should be declared and a deed of trust signed alongside so the arrangement is recorded.

What if there is still a mortgage on the property?

The charge stays on the title until it is discharged. Either the estate redeems it, from other assets, or from the beneficiary's own funds, and the lender issues a discharge, or the beneficiary applies to take over the loan and the lender consents to the assent. HM Land Registry will not register a clean title otherwise.

Can the executor assent the property to themselves?

Yes, where they are the person entitled under the will or intestacy. They sign the AS1 as personal representative and are registered as proprietor in their own right. Where they are one of several beneficiaries, the same rules on declaring the trust apply as for any other group of transferees.

What if a personal representative refuses to sign?

All personal representatives who took the grant must join in. If one refuses, the others cannot assent alone. An executor named in the will who did not prove, with power reserved to them, does not have to sign. Once a person has taken the grant they cannot renounce, because renunciation is only open to someone who has not yet taken it and has not intermeddled in the estate. The routes are an application to the High Court to replace or remove them under section 50 of the Administration of Justice Act 1985, which can substitute someone even where there is only one personal representative, or resolving the underlying dispute (Administration of Estates Act 1925 section 2(2); Non-Contentious Probate Rules 1987 rule 37; Administration of Justice Act 1985 section 50, all checked 20 September 2026). We say which applies at the outset. A court application to remove a personal representative is contentious work that we do not conduct, so the personal representatives would need their own legal advice on it.

Related forms and services

Sources and further reading

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