Confidentiality of surveyors report

[paddyhaig]

I am in a contentious probate. My brother and I are fighting over some property that was owned by our parents. The estate went Intestate. (No Will was found). The property in question has had two formal valuations made and paid for by the estate. My brother lives in the property and has been in arrears to the estate for over 3 years back rent. Neigher of the prior valuations had any figures regarding the rent. I wanted these rent figures, as the is and has been no lease, so we were having to trust my brothers numbers. He doesn't really have a history of honesty. I searched for and privately contracted a valuation appraiser to value the property. This being paid for out of my own pocket. The estate solicitor hired by my brother and taking instructions soley from my brother seemingly contacted the valuer and requested a copy of this confidential report. No one was given my permission to share or request this report. However the estate solicitor aquired a copy and forwarded it to my brother. Regardless of what the report said. Is this legal, and who is to blame?

[Peridot]

Re: Confidentiality of surveyors report

Hi Paddyhaig,

As the report gave rental estimates is this surely not going to assist when it comes to dividing the estate and potentially reducing your brother's share by the rent due? Did you agree with the surveyors report in principle? If that's the case what is the problem with the solicitor obtaining a copy and providing it to your brother, particularly if it indicates what rent should be paid?

This is not a contested probate matter, there are no proceedings issued and the two beneficiaries have been identified. You will receive your respective shares of the estate. The only contentions would appear to be how the estate is being dealt with by your brother who is the administrator and the previous confusions caused where the attorney was appointed. I understood that you were content for him to continue as administrator on his own, (once you can sort out the issues with the previous attorney you appointed).

I think you may be worrying too much about this when all you really want to happen is the estate to be correctly valued and distributed between you and your brother. If this report assists in that, then why not use it? What was the point in obtaining it if it wasn't to be used by whoever is trying to sort out the estate.

I would suggest sending the invoice for the report to the solicitor and they can reimburse you from the estate, which would seem fair as they are now obviously using it to assist in the valuations.

I anticipate the solicitor contacted him, having had confirmation from you that you had obtained a report and if your brother is living at the property still, he must also have met the surveyor when he came to look at the property, otherwise how would she know where to go to ask for a copy? Is there truly anything in the report that does not assist you moving toward completion of the estate matters, which have been long and drawn out already.

If you still have an issue with the administrator being provided with a copy of the report, the disclosure of which would appear on the surface to be sensible,, then you need to contact the surveyor directly. Check the terms of business and any client care letter you had when you instructed them. Are you sure you didn't indicate you were obtaining the report for the estate? Also bear in mind the rent amounts had not been addressed in the other valuations and it may have been necessary to instruct another surveyor at further costs to the estate if you wished this issue to be dealt with anyway.

Maybe think about what you actually want to achieve with regard to the estate and also to enable closure for you and your brother. Is a copy report having been obtained by the solicitor for the administrator of the estate, such a terrible thing when it could assist in finalising matters?

[paddyhaig]

Re: Confidentiality of surveyors report

The propery value on the report was lower than the other two valuations made. However the estimated rent value twice as high as my brother claims he had been paying. My brother after recieving a copy of the report lowered his property purchase offer. The report also indicated that the flat in question was valued significantly lower due to the buildings overall poor condition. My brother also wants to factor into his offer the building and maintenance fees that he's supposed to pay. I've asked for more information pertaining to these fee's. However he simply doesn't aknowledge my requests for more information.

[paddyhaig]

Re: Confidentiality of surveyors report

The reason the estate lawyer, came by the contact information pertaining to the valuation surveyor. Is that an appointment had to be made with my brother to view the property. I supplied the phone numbers I had to the valuation surveyor and he tried them and they didn't work. I had to contact the estate solicitor and ask her to relay a message to my brother that a valuation surveyor was trying to establish a viewing of the property. I furnished the solicitor with the valuers phone number and email to relay to me brother, which she claimed to do. Then I find out months later that she emailed the surveyors requesting a copy of the report. Saying in her email that she had been led to believe she would recieve one. I never led her to believe she was to get a copy of the report. The surveyor had me sign a terms of service agreement that claimed all information was confidential.

[Peridot]

Re: Confidentiality of surveyors report

I really think you need to decide if you want to be a co-administrator or not and make the necessary application to deal with the Grant issue.
I would suggest contacting his solicitor again and ask her for the info. The valuations are negotiable although I would always say a surveyor's valuation is probably more accurate than an estate agent's.
It may be that with difference in valuations and rent that should have been paid and maintenance charges (which are payable by the estate as the administrators should be paying those charges as they fall due) etc they all effectively cancel each other out. Even then it is important to consider the time, stress and money it will cost, which could cancel out any potential benefit to you.
I think you are tying yourself in knots with the worry and getting waylaid. It may be worth seriously considering handing this all over to someone qualified to deal with it, but you would have to accept it will take time I'm afraid.

- - - Updated - - -

Hi Paddyhaig,
I was typing my response while you were posting too I think.

[paddyhaig]

Re: Confidentiality of surveyors report

I met with my brother in person a little while ago (Not the best situation) but I really pushed for us to talk. He indicated to me that he was also not happy with the estate solicitor he hired. She has apparently already billed the estate for over £15,000 and the are numerous other expenses to be added on. We came to an agreement over what I would take for half his flat, however later on via email he reqiested I pick up the tab also for half the maintenance and insurance fees. I had to try and correct his fees as his math was wrong in his favor, naturally. I also tried to explain to him the Intestacy rules of equal division. Explaining the solicitors would make sure that everything was divided equaly between all the benefactors. Regardless of who is an administrator. One of the problems now is. The grant has now been sent back to the probate office and many of the files regarding the estate and the client care acount are all in my brothers name and my former POA's name. So that is going to be a huge expense to fix all those matters. My brother is claiming it's because of me that we are incurring this aditional expense and that I should pay. I'm claiming it's his fault for the way he ran things from the onset. By deciding to drop communication with me and railroad matters his own way without consulting others.

[paddyhaig]

Re: Confidentiality of surveyors report

I'll do what ever is the best suggestion and costs the least. The Grant of Administration has just a couple of weeks ago been sent back to the probate office. As due to the factor that I fired my POA over a year ago, the estate solicitor has just realised it is no longer valid. I am not sure what possition to take. I believe out of spite, my brother will take everything he can now. So we are yet again in a paranoid, no trust situation that lays us wide open to being taken advantage of, by less scrupulous solicitors.