Passing on property

If the deceased left a gift of property or land in England or Wales in the will, follow these steps to formally transfer the property to the beneficiary:

1. Fill in Form AS1 from the Land Registry. Tell the Land Registry if the mortgage on the property has been paid off. The form can be downloaded from the Land Registry Web site at or contact your local Land Registry office (the address is available from the Web site or in your local telephone book).

2. Make sure the completed form is signed by each executor in the presence of a witness, and by the beneficiary who inherits the property.

3. Return the form to the Land Registry along with a copy of the grant of probate and the fee – dealing with a government agency always involves a fee! As long as all the documents are in order, the transfer of the legal ownership of the property from the deceased to the beneficiary takes place.

Passing on property

In some unusual cases the land gifted is not registered with the Land Registry. If this is the case, you must go about the painstaking task of registering the property in the name of the beneficiary. If you find yourself having to deal with unregistered land, seek the advice of a solicitor.

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