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RICS Probate non standard construction

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  • RICS Probate non standard construction

    Hi, I posted once before and found The advice invaluable. So, I’m just about to instruct a RICS valuation of my late fathers house. It is in an affluent area of the south east. The house is 4000 square feet, but it is of non standard construction. It is a prefab home which is mainly wooden structure. Although this looks striking the house design is very perculiar (5 bed house but 3 are box rooms) question is- would a RICS surveyor price accordingly. For example it is traditionally hard to get a mortgage on a building of non standard construction so in theory this would limit to cash buyers only. If he/she does adjust the price for this reason will it be stated on the formal survey report? Also a small aside, my dad passed just before Xmas so does that lower the price a fraction? Obviously I would like to hang on to the family home as I have intention to use it for charitable purpose, indeed I want it to be left to charity upon my demise so the lower the value (within legal assessment) the better for me.
    I Thankyou so much in advance for any tips you may be able to give.
    Tags: None

  • #2
    For probate the valuer gives a realistic estimate of its Open Market Value at date of death, what the house could have been sold for. So that will take into account its construction.

    I suggest that you discuss that with the surveyor before she visits so that careful attention can be given to that in arriving at the valuation.

    I can't see how closeness to Christmas would depress the price.
    All opinions expressed are based on my personal experience. I am not a lawyer and do not hold any legal qualifications.

    Comment


    • #3
      The RICS has a carefully worded definition of open market value:

      The estimated amount for which a property should exchange on the date of valuation between a willing buyer and a willing seller in an arm's length transaction after proper marketing wherein the parties had each acted knowledgeably, prudently and without compulsion.
      Lawyer (solicitor) - retired from practice, now supervising solicitor in a university law clinic. I do not advise by private message.

      Litigants in Person should download and read the Judiciary's handbook for litigants in person: https://www.judiciary.uk/wp-content/..._in_Person.pdf

      Comment


      • #4
        You mentioned the property used for charitable purposes and leaving the property to charity.

        If you are serious about this, you should consider a deed of variation to your father's will to transfer the property to a charitable trust. As trustee you could decide on the type of charitable trust and maintain some control

        Unless your father had significant assets in addition to the property IHT would be avoided, the property value excluded from IHT calculations

        Comment


        • #5
          Thanks for your replies, the reason I mentioned the date of passing is that the value is meant to be on the day of passing and i Would have thought the property market naturally stalls each December but I can see its negligible and irrelevant. Re the charity I may well do a deed of variation but I know I have maximum 2 years to do that and hmrc Will refund. I am currently extremely emotional and worn Out, so I don’t want to rush into a decision which may well see me not able to support myself going forward. Although depending on conversations I have with two local charity trustees I know I may well go down that route, but at worse I can use the house for charity and leave It to charity so it doesn’t get taxed again at 40% within a few years.

          Comment

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