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deceased aunts flat
Mogish
Posted: 25 January 2022 10:36:12(UTC)
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Tim D;205132 wrote:
Is it https://espc.com/propert...nburgh-eh6-8jz/36062266 by any chance? Appeared on the site today I think, and apparently less "spiffed up" than a lot of the competition. I assume "In addition, it provides scope for modernisation" is estate-agent speak for all the sort of stuff you said needed doing to it.


Tim, no this is not the same flat but very similar inside , prob built by the same builder . Kitchen is exactly same layout incl cupboards and hob!

That one is much much better condition , my aunts hasnt been decorated for about 20 years and was smoked in to the stage that the the walls are yellow and any carpets and soft furnishings absolutelt reek of cigarettes.

Unfortunately no mention was made in the will to give family members first refusal. In fact the complete opposite , whats now happened is I have been accused of a conflict of interests, and effectively fallen out with my own mother over the suggestion that I wanted to make an offer.

Ultimately its now on the market and may go for less than I was happy to pay for it , now the family will have another bill for around £3k for disposal costs.

Families....who needs them!
2 users thanked Mogish for this post.
Tim D on 25/01/2022(UTC), Dennis . on 25/01/2022(UTC)
Fife Clive
Posted: 25 January 2022 10:46:35(UTC)
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Tim D;205200 wrote:
@Dennis: from my own experience with this sort of thing, it seems to be well known that probate valuations are deliberately on the low side. It's less clear to me exactly why that is... I have heard that it's because executors will usually want to prioritize a quick sale over hanging around waiting for a better offer. But it also obviously helps with keeping some estates under IHT thresholds.

Quote:
...However the skill of a Chartered Surveyor undertaking the valuation is to advise on a value that is still acceptable under the terms of the statutory definition, but that ensures that the Executors pay as little tax as possible.


My experience is also that family and money matters do not mix well. Good luck!


Note the probate value doesn't determine how much tax the estate pays in the end - it determines how much must be paid up front to HMRC in order to be given probate in the first place. The final IHT reckoning obviously looks at actual sale price rather than probate value. Most estates have very little cash and so valuers know their clients expect as low a value as they can get away with to minimise any upfront cash demands from the revenue.

A probate value of £X also doesn't absolve the executors of their duty to get the best reasonable amount for the asset; if the probate value is £100k and a later estate agent advises to market at £120k and take offers of £110k, they would be failing in their executor duty to continue to rely on the original probate valuation - and open themselves to litigation by the beneficiaries.

Would also echo that money and family are a generally terrible combination. At least one party will always feel done over and resentment lingers, in my experience!
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Tim D on 25/01/2022(UTC)
Mogish
Posted: 25 January 2022 11:20:58(UTC)
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Yes its been an eye opener! Never again will I want to be an executor. Its been nothing but hassle and seen different sides of people that I once thought were reasonable..

In hindsight , the flat was left to 2 named individuals in the will , what I should have done is transfer the title deeds to them and left them to decide what they wanted to do with it and leave them withthe hassle.

Overall its been a learning curve which I have no intenetion of getting involved in again. By carrying out my aunts wishes its caused nowt but grief, ruined relationships , cost me time and money and saved the moaning ralatives thousands in legal fees.!
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Tim D on 25/01/2022(UTC)
Dennis .
Posted: 25 January 2022 15:14:02(UTC)
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Joined: 26/12/2007(UTC)
Posts: 1,018

To add a bit more to my story, the Will actually specified that two valuations be done. They came back with very different figures ie £375k and £300K there was then a deduction made because the house had an agricultural occupancy condition imposed when it was built which knocks 25-30% off. It was very important that the beneficiaries were involved in agreeing a sale price and understood exactly how a final price was arrived at.
Luckily the family is very close and didn't fall out but in a lot of families this would have been a nightmare.

note to self Never ever be an Executor, you are liable for all sorts of things not only from the beneficiaries who can sue you if they think you have short changed them but also HMRC to whom you are personally responsible even for unpaid tax years before. A solicitor will have liability insurance but you won't.
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