Assent of property

[Farmerpalmer]

Need a bit of advice before seeking professional help.
Wife has been left 50% of the family home in her mothers will. Father is alive, & remains in the house.
The will states wife may make an assent on the property, i.e a charge
Looking on Gov.uk, it seems form AS3 is to be completed to transfer part ownership to wife.

Is this DIY or would a conveyancer be ok?
Probate has not been applied for -is this actually required at this stage?
Any need for a solicitor?

[Hawkshaw]

IANAL but from a bit of experience, probate has to be granted before anything can be done re. property.

It's the executor's job.

[stemll]

Were your wife's parents joint tenants or tenants in common? If the first then the house does not form part of her mother's estate and passes to her father regardless of what the will says.

[bladebloke]

Farmerpalmer said:

Need a bit of advice before seeking professional help.
Wife has been left 50% of the family home in her mothers will. Father is alive, & remains in the house.
The will states wife may make an assent on the property, i.e a charge
Looking on Gov.uk, it seems form AS3 is to be completed to transfer part ownership to wife.

Is this DIY or would a conveyancer be ok?
Probate has not been applied for -is this actually required at this stage?
Any need for a solicitor?

You’re on completely the wrong lines here. An assent is not a charge - no connection between those two words. And an AS3 is not for assenting a 50% interest in a property - it’s for assenting part of a property (in the sense of one acre of it out of two). And in any case, assuming your wife’s mother and father were both registered proprietors (i.e. both named on the title at the Land Registry) then none of the AS forms would be appropriate here.

There’s also the point which another poster mentioned above to think about, which is that if mother and father were beneficial joint tenants, the deceased’s interest would automatically have transferred to the widower by survivorship

I’d urge your wife to instruct a solicitor and not try to DIY anything here.