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JGM
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7504
Experience:  28 years as a practising solicitor.
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Good afternoon. Some follow up questions from yesterday evening

Resolved Question:

Good afternoon.
Some follow up questions from yesterday evening please.
Thank you for the answers you gave. Husband was able to easily understand all and would like to know the following.

At what stage is it appropriate to get a full valuation on the contents of the house. Can / should the solicitor (executor) arrange this.

At what stage can we dispose of really personal items in the house like clothes.

At what stage should we (or should we ask the solicitor to deal) with clearing the house prior to it going on the market.

There are the two bothers, as mentioned before. My husband has done three house clearances for me and my relatives in the last 18 months and we are in England. He doesn't want to have to go up to Scotland and do yet another one. The other brother has stated he wants to empty the house, transport it all down south where he lives too, store it and then sell it all via ebay. Is that in order. Would you recommend an alternative solution.

At what stage should we invite other relatives (in Scotland) to come and see if there is a memento they would like.

Just to say, there maybe some moderately valuable items in the house, but basically just a few figurines worth 150-200 pounds. Other than that it is a house FULL of knick knacks collected over many years. Quite a lot of jewellery, which is already held outside the house for safekeeping.

Should a proper valuation include absolutely everything like plates and pots and pans for instance.

Thank you. How do I reward you for this extra information ?
Submitted: 1 year ago.
Category: Scots Law
Expert:  JGM replied 1 year ago.
Thank you for your question.

You can get a valuation of the house immediately before you apply for confirmation and put the value on the estate inventory. Alternatively if the value of the house can be reasonably estimated you can put off a valuation and just get a Home Report immediately before marketing.

You can dispose of personal items immediately.

You can have the house cleared at any time and an auction house will do this and sell off the furniture. However, you might want to leave the furniture in the house whilst it is being marketed as it may be more appealing to viewers to see the house furnished. The estate agent will advise on that.

Whether the family clears the house and sells on eBay or whether you use an auctioneer is a matter for the executor and the family. Personally, it seems a lot of effort to transport everything hundreds of miles away and then sell piece by piece on eBay. I couldn't be bothered with the hassle, personally.

You can ask relatives to select a memento at any time as long as the beneficiaries are agreed.

Any items of value should be dealt with separately and this might be cause to remove them and sell individually.

However, furniture and pots and pans is relatively valueless and the auctioneer would generally sell what he can and dump the rest.

He will give a general overall value for "household contents" which can be put in the estate inventory by the executor.

If you are happy with this answer you can simply leave positive feedback as before.

I am here to discuss anything arising.

I hope this helps. Please leave a positive response so that I am credited for my time.
Customer: replied 1 year ago.

Thank you.


 


Can I be clear on who should arrange the clearance of the house and also the valuation of the contents.


 


In this case, the solicitor in Scotland is the sole executor. Should it be family who clears the house or him.


Should it be his or our responsibility to get the valuation done.


 


I believe in Scotland the solicitor can also act as the estate agent. Is that correct, or would you recommend an independent estate agent ?


 


Thank You.

Expert:  JGM replied 1 year ago.
If the solicitor is the executor then he is responsible for the estate. However, he might be quite happy for the family to deal with the hose clearance and just put a nominal figure in for contents.

However, as it is his responsibility he might just want to get an auctioneer to do it all on behalf of the estate. The family should discuss and agree that with the solicitor.

If the solicitor has an estate agency then there is no harm in letting the solicitor do the estate agency work and you may be able to negotiate a discount and the solicitor would be doing the estate, the estate agency and the conveyancing for the sale of the house.
JGM, Solicitor
Category: Scots Law
Satisfied Customers: 7504
Experience: 28 years as a practising solicitor.
JGM and 2 other Scots Law Specialists are ready to help you

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