TR1 or AS1

Hello.

can I clarify something please.

I read another post which asked about which was the correct from to use.

The circumstances were that a deceased person, owning the property with her husband as tenants in common equally, left her share of property to her Son.

The advice was to use “form TR1 as the transfer was the WHOLE title/property from Father to himself plus the Son.
Form AS1 is to be used by an executor to transfer the whole of a title to a beneficiary”.

I question therefore is what is the difference?

If a beneficiary is to inherit a property share along with an existing co owner, is this the reason for using TR1 where as if a property had been left to a beneficiary without a surviving co owner this would be an assent so AS1 would be used ? 

I am therefore assuming the AS1 is only used where property is left to beneficiaries where there are no surviving owners, would that be right? 

Peter

Peter - that is correct. An Assent is used where an executor is transferring the whole legal title to a beneficiary.
Whilst a beneficiary can inherit a beneficial share legal ownership must be transferred. And if there are joint legal owners, and one dies, the property does not form part of their estate. As such there is no role for their executor as you can't assent a share and they also can't transfer the legal ownership
Where a sole legal owner dies, or say a surviving joint owner dies after the other has also died, then you are in Assent territory if the property is being transferred to a beneficiary
Or as you put it the AS1 is used where property is left to beneficiaries where there are no surviving owners 

Thank you Adam, it does seem to cause some confusion but as you explain it depends on who and what to decide how. 

Peter - the easiest way to understand it is that IF the sole (remaining) owner dies and the property is going to their beneficiary then it's an Assent
Anything else then it's a Transfer
Understanding the nuances between legal and beneficial ownerships plus wills/trusts is a different matter altogether and can often cause uncertainty