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JGM
JGM, Solicitor
Category: Property Law
Satisfied Customers: 10909
Experience:  30 years experience in property law.
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PREAMBLE The sole Executor of a Will disagrees with the valuation

Resolved Question:

PREAMBLE
The sole Executor of a Will disagrees with the valuation of a property (in this case a small country estate with 3 houses on it) by HMRC's District Valuer. The property is in Scotland and so will be dealt with under Scots Law.

QUESTIONS
1). I think the matter goes to either a Land Court or a Lands Tribunal but am not certain if this is the case -which (if either) is correct?

2). How long would it take from the time at which the valuation by the District Valuer is rejected until the matter is dealt with by the appeal system (which, as noted above, may be at a Land Court or a Lands Tribunal)?

3). At the appeal: a). Would the Executor act for the deceased's estate?
b). Would a lawyer act for the deceased's estate?
c). Would a QC act for the deceased's estate?
d). Would a Chartered Surveyor act for the deceased's estate?
e). Would a combination of some, or all, of the above represent the deceased's estate?

I look forward to hearing from you.

Michael Macphail
Submitted: 3 years ago.
Category: Property Law
Expert:  JGM replied 3 years ago.
Thanks for your question. I am a solicitor in Scotland and will help you with this.

1. The Land Tribunal for Scotland is the correct forum for this. See http://www.lands-tribunal-scotland.org.uk

2. A dispute like this would normally be resolved in about six months but the procedures involved can vary this timescale.

3. The executor of the estate is the client. He would instruct a solicitor. If the case is complex, Counsel can be instructed by the solicitor. Whether Senior Counsel is required, ie, a QC depends on the difficulty of the case. A surveyor would generally be called as an expert witness in this type of case.

Happy to discuss further. There is also a lot of useful information on the website.

I hope this helps. Please leave positive feedback so that I am credited for my time.
JGM, Solicitor
Category: Property Law
Satisfied Customers: 10909
Experience: 30 years experience in property law.
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