Form AS1 or AS3?

Person A has died, leaving whole estate to his wife.

Person A owned a property as tenant in common with Person B. 

Do we need to use Form AS1 or AS3 to transfer Person A's interest in the property to Person A's wife, as beneficiary? And does Person B need to take any action to effect the transfer?

Thank you in advance.

Hello Emma - Where the property is registered in the names of two people, one of whom has died, the personal representative of the deceased proprietor cannot as assent a share in the legal estate.  The legal estate automatically vests in the surviving proprietor.   Only the deceased proprietor’s beneficial interest passes on under the terms of their will or intestacy.  That interest is protected by virtue of the form A restriction on the title.   

The form AS1 indicates it is for the Assent of whole of the registered title, while the form AS3 is for situations where only part of the extent of land in the title is being assented.

 If the beneficiary of the deceased proprietor is to be registered as a legal owner then we would need a transfer the whole of the title using form TR1 involving the surviving proprietor and the executor of the deceased proprietor.