Commercial Property, House & Development Valuation For Probate
Introduction to Charities Act Report
The Charities Act 2011 requires that the trustees of registered charities obtain a written report if they are planning to dispose of the property. The report must be provided by a qualified surveyor and applies to land, property and leases over seven years.
What is a Charities Act Valuation Report?
Charities Act report slightly differs from a standard “Red Book” report and address a number of points including:
- Summary of material lease terms
- Comment on relevant easements and restrictive covenants
- Comment on property condition
- Advice if it in the best interest of the charity to undertake repairs prior to disposal
- Details of such repairs (if any) and costs
- Advice on the best disposal method and if the asset should be divided to achieve higher price
- The value of the property
Who can undertake a Charities Act Valuation?
Based on section 117(2)(b) of the Charities Act 2011, charity trustees must, before entering into an agreement for the sale, or other disposition, of the land obtain and consider a written report from a qualified surveyor instructed by the trustees and acting exclusively for the charity. A qualified surveyor is a person who -
- is a fellow or professional associate of the Royal Institution of Chartered Surveyors or satisfies such other requirement or requirements as may be prescribed by regulations made by the Minister, and
- is reasonably believed by the charity trustees to have ability in, and experience of, the valuation of land of the particular kind, and in the particular area, in question.
It is the responsibility of trustees to appoint a suitably qualified surveyor who will act independently and in their best interest.
When to obtain a Charities Act Report?
It is advised that report is obtained prior to the exchange of contracts but obtaining a report prior to marketing is highly recommended. This is because one of the pointes addressed in the report cover appropriate disposal method.
At Copping Joyce Surveyors we offer an independent, strategic and well experienced service to charity clients.
Frequently Asked Questions
WHAT IS PROBATE?
The legal process by which the possessions of someone who has died are dealt with and valued. The executors named in that person’s will need probate to be granted before they can carry out the wishes of the person as expressed in the will.
WHY IS PROBATE REQUIRED?
Until and unless probate has been granted, the executors will not be able to distribute the deceased’s property and money to their beneficiaries.
WHAT IS INHERITANCE TAX?
This is levied on all estates and applies over a certain threshold once certain allowances have been taken into account.
WHAT IF NO WILL HAS BEEN LEFT?
If a person dies intestate – without leaving a will – their possessions and money are distributed by administrators according to laws commonly known as the Rules of Intestacy. For obvious reasons, this can lead to some confusion and conflict when it comes to deciding who receives what from the estate.
CAN I APPLY FOR PROBATE MYSELF?
Yes, but please be aware this is a complicated process to undertake at a time when you may be suffering grief and bereavement. You are far more likely to achieve an accurate valuation of your loved one’s estate by using a professional chartered surveyor or registered valuer such as Copping Joyce Surveyors.
WHAT IS COVERED IN A VALUATION REPORT?
- Initial advice and inspection of the property
- Reporting the market value on the date in question
- Negotiation with HMRC if any queries arise – this could incur additional costs
Find out more
Please speak to one of our Valuations team members to find out more