How to fill in form AS1: HM Land Registry guidance


Hello, if you have been appointed either as
an executor, if the deceased left a will or an administrator, if they didn’t, for a sole owner, or sole
surviving owner of a property, you don’t always need to use a solicitor
or other legal adviser to transfer the property or land to the beneficiaries. But because it can sometimes be quite complicated we suggest you get legal advice before going ahead. Especially if any mortgages are involved when
the lender may insist that you use a solicitor. If you do employ a solicitor they may be able
to lodge your application on-line. This is quicker and safer and the registration
fees might be cheaper. The transfer by a personal representative,
the collective name for an executor and administrator, to the beneficiary is called an assent, and
you can use our form AS1 to do it yourself. You will also need to send us a completed
application form AP1, together with either the original or an official copy of the probate
or letters of administration. We will return the original documents to you
after we complete the registration. Whilst it is not necessary to provide evidence
of identity for the personal representative if the assent or transfer is to a third party Form ID1 will also be required. If you are selling the property to a third
party, that is, someone who is not a named beneficiary in
the will, instead of filling in a form AS1 you will
need to fill in a form TR1. We are happy to help you with the clerical
aspects of filling in the AS1 but we can’t give you any legal advice, so this video is only to help you fill it
in. In this video we will assume that the deceased’s
property was registered. It is always a good idea if you get a copy
of the property’s register before you begin to fill in the AS1 as there may be entries in the register that
you will need to take into consideration before you can complete the form. The quickest and cheapest way is to view or
download a copy of it from our web site. You can pay the £3 it costs by using your
credit or debit card. Here are a few examples of entries you may
find in a register. A restriction can have a different wording,
depending on the situation, but all restrictions limits the ways in which
people can deal with the property. This restrictions does not specifically say
that you, as personal representative cannot deal with the property, but unless John Smith withdraws it, it will
stay in the register after the beneficiaries have been registered as the new owners. A Unilateral Notice or Caution protects the
interests that someone else has in the property. In this case, Loans & Co. It will not prevent
the registration of the assent, but again unless they cancel or remove it,
it will stay in the register. If the property is leasehold, there is usually
a clause in the lease saying that the landlord has to give their consent to whatever you want to do, or at least you
need to let them know what is happening. If there is a mortgage on the property you
would normally need to get the consent of the lender before you can assent it subject
to the existing mortgage. If, on the other hand, you will be paying
it off, you will need to get the lender to provide
written evidence to show this, this is called a discharge. Some lenders will send you a paper discharge
others will send it direct to us electronically. It is very important that you consider the
register entries and get any relevant evidence that you may need in relation to them. Your application could be delayed if you don’t
do this before sending it to us as we will then have to contact you to sort out any problems. If you aren’t sure what to do about any
entries or you don’t understand them you should seek legal advice There are also other matters that do not concern
Land Registry directly. For example you might need to contact HMRC
at www.gov.uk/hmrc for advice about whether any stamp duty is
payable or whether you need other documentation from them. I will now talk you through how to fill in
our assent form AS1 Panel 1 Title number of the property When we register land or property it is given
a unique Land Registry reference number. It is shown at the top of the first page of
the title register and also on the title plan. When you write to us it is important to always
quote the title number. This will help us find the relevant file or
documents quickly and it will help us to know that we are dealing
with the right property. Panel 2 Property Fill this in with the property’s address including its post code. If it is a piece
of land give a brief description, for example, land lying to the north of Queen Victoria
Street, Nottingham. Panel 3 Date Leave this blank for now and we will come
back to it later. Panel 4 Name of deceased proprietor Write here the full names (including all middle
names) of the person who has died. Do not include such titles as “Mr” or
“Mrs”. But you can include other titles such as Dr, Sir and Lady. Sometimes there are reasons why the names
put in this panel aren’t the same as the names in the register. In which case you will need to send us evidence,
for example, a deed poll or marriage certificate to account
for why the deceased’s name has changed. Panel 5 Personal representative of deceased
proprietor As the personal representative fill in with
your full names You can skip the rest as it is for companies
to fill in. Panel 6 Transferee Write the full name of the beneficiaries. As they are the people whom the personal representative
is transferring the property to They are known as, the transferees. Often this is the same person as the personal
representative. In our example Tommy Smith is the executor
but both he and his wife are beneficiaries. So we put both their names here. You can skip the rest as it is for companies
to fill in. Panel 7 Transferee’s address for service. All the transferees, that is, Mr and Mrs Smith,
need to give us their address for service, they can each give up to three addresses,
one of which must be a postal address, but not necessarily in the UK. The others
can be any combination of postal addresses, or email addresses. It is important that your address in your
register is always kept up to date. We may have to write to you about matters
relating to your property and we don’t have an up-to-date address
you may not receive important letters. This is especially important if you are a
landlord and aren’t actually living at the property. Panel 8 Assent The statement in this panel actually transfers
the property and is appropriate in all cases; so don’t add to it or amend it. Panel 9 Title guarantees Putting an ‘x’ against one of these guarantees
means that Mr Smith is giving certain binding promises
about his right to the land. If he puts an ‘X’ in the first box, full
title guarantee, this means that he is guaranteeing, to the
best of his knowledge, there are no mortgages against the property,
no one has a right of way over it, nobody has a lease on it and no one else has
any other interest in it. If he puts an ‘X’ in the second box – limited
title guarantee – this means that he is giving a lesser guarantee. In this case he is only promising that he
hasn’t taken a mortgage or let anyone else have an interest in the property, which still exists at the date of the assent. It is often the case that you as the personal
representative are not able to give more than a limited title guarantee because you may not know what interests the
deceased had created. If you don’t know which option to choose
you should seek legal advice. Panel 10 Declaration of trust panel You fill this panel in if there are going
to be two or more owners. It is important that you decide on the right
type of ownership for you as it could affect your will, tax, and what happens if your relationship breaks
down or any long term care you may need in the future. There have been lots of instances where couples
hadn’t noted what type of ownership they wanted when they set up home together and then when their relationship broke down
they couldn’t agree on how to split the property up between them and so ended up going to court to sort it
out, something which can be very expensive. Owners can be registered as either beneficial
joint tenants or tenants in common. Very simply when people own property as a
beneficial joint tenant they do not own specific shares in the property. So when they die the property automatically
goes to the other owner or owners. On the other hand, if they own it as a tenant
in common they will own specific shares, and when they die they can leave their share
to someone else in their will. The shares do not have to be equal, for example one owner may have a 60% share
and the other owner a 40% share. If you don’t fill in panel 10 then we will
to put what we call a Form A restriction in the register. This might restrict how you can deal with
your property in the future. If you have any doubts about what you need
to put we strongly suggest you seek legal advice. In our example Mr and Mrs Smith are going
to own the property as beneficial joint tenants so will put an ’x’ in the first box. Panel 11 Additional Provisions Sometimes covenants or agreements are made
between the personal representative and new owner, the transferee. If there are, this panel needs to be filled
in with the details. Otherwise leave it blank. If you aren’t sure what to put, again you
should seek legal advice about them. Panel 12 Execution All the personal representatives, must execute
(which means legally sign) the assent. If panels 10 or 11 have been completed then
the transferees, the new owners, must also sign in the presence of a witness. The witness to your signature should be somebody
who is independent, but preferably someone who knows you well and could confirm, if necessary, that you did sign the assent. One person may witness more than one signature
but they must sign and complete the details to every signature they witness. You can now go back to panel 3 and fill in
the date the assent has been executed and witnessed. If you find parts of the AS1 are still unclear
or you have other non-legal questions, please Please check the guidance on our website.

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