Transfer of property on death

The transfer of a property to the beneficiary after someone has died is done by means of an Assent and the property is said to be assented to the beneficiary.

The Executor of the dead person's estate has to obtain Probate if there was a will or Letters of Administration if the person who has died did not leave a will. The Executor then authorises the assent of the property to the beneficiary.

If there are any debts secured on the property, e.g. an outstanding mortgage, these have to be repaid from the estate before the property is assented to the beneficiary. If there is not enough money in the dead person's estate to pay these debts, the Executor can either:

  1. Sell the property to clear the debts and then transfer the balance of the sale proceeds to the beneficiary
    or
  2. Assent the property to the beneficiary with the debts still outstanding. In this case, the people/organisations who have debts secured on the property will have to consent to the Assent.