# Assent & Land Registration



## caroline82 (31 Mar 2010)

My friend is acting as executrix for her father's estate. His will was very simple, everything is passing to her. There are few assets save for 20 acres agricultural lands, which are registered with the Land Registry. She made a personal application for Probate and got same. She is now wondering if she can avoid going to a solicitor for the registration of the property in her name. I understand it is necessary to do a deed of assent and make an application to the land registry to have the property put in her name. She believes there is no complications with the title, as her dad bought the land a few years ago and the title was investigated by his solicitor at that time. There were no borrowings on it. 

It seems doable, but I'm wondering is there anything we're not aware of that would mean only a practicing solicitor can deal with this matter? Or any other complications I may have overlooked?

Thanks


----------



## j26 (31 Mar 2010)

Assuming all the CAT implications have been dealt with, and there are no legal impediments (e.g the beneficiary is under 18), passing legal title on death in the Land Registry is quite straightforward.

The Land Registry is bound to assume that the executor is acting in accordance with the will, and will register if an assent and application are lodged in the correct format, together with the Grant of Probate.

The Land Registration Rules prescribe the forms to be used


----------



## circle (31 Mar 2010)

Personally, I think i'd use a solicitor for the transfer to confirm that everything is regular just in case. It might be easier to sort out any problem they might find now rather than further down the line, and if there's no problem, then you'll know for sure.


----------



## o'grainne (1 Apr 2010)

I have dealt with the *Land Registry *or the *PRA, Property Registration Authority *as it is now called, many times and have found them most informative. 
Give them a ring and ask what form is required for the transfer and other documents that are also required. Most of these forms and their rules are available on line. 
Then double check with them that you have all the documentation they require before you send them off. 
Most people think that it is only a solicitor who can contact them.

Once a property is registered with the Land Registry, the process of transferring  is very quick and inexpensive. My experience of having a solicitor deal with it is expensive and slow.


----------

