Jamie Murray
Jamie Murray
2023-01-28
Quality fast and reliable service with a cracking bunch of lads definitely recommended
Bill Mitchell
Bill Mitchell
2021-09-14
Contracted this company to clear the flat of my deceased mother. Two young guys cleared EVERYTHING out of the rented property, including furniture, carpets, ornaments, white goods and food/household products, politely, efficiently, and respectfully. Excellent service.
Charles winter
Charles winter
2021-05-21
The guys from Northern House Clearance have just cleared a house for me in Scotland. The house was packed not only with a lifetimes worth of memories, but all the clutter that goes with it. Within 2 days it was emptied down to the floorboards. A great job from a good team of lads. Highly recommended.
Graeme hatton
Graeme hatton
2021-02-24
An excellent 5 star service. Firstly the compassion shown due to the circumstances which resulted in having to use their services, not just on the phone but by the team who arrived, on time, to perform the job. Above all a friendly attitude goes a long way in stressful times. Professional from the start to the end of the day and due to the amount of clutter a second day was needed. I could not believe how much was cleared in just one day, it was as if the clutter had it's own clutter to clear. Hope that I never need to use them again, but if I have to clear another property they will be the only people that I call. Highly recommend them. G.Hatton. Cheshire.
Lorna Hamilton
Lorna Hamilton
2021-02-05
Fantastic service. Highly recommend. The team was so helpful.
Richard Foster
Richard Foster
2020-11-26
The guys from Northern house clearing cleared my deceased brothers house which was in a state. They were very discrete and great guys very understanding at such a sad time. Great job guys thank you.
Xiu Yun Chen
Xiu Yun Chen
2020-11-25
This is a good company would highly recommend these guys. Very efficent and helpful.
Laura
Laura
2020-11-05
Highly recommended. From my initial enquiry I found them to be efficient and professional and was given an immediate quote. On the day the guys arrived promptly and were friendly, helpful and thorough. I would not hesitate to use this company again and I would recommend to others. I felt in good hands and I, m very happy with the service I received.
Ruth Lawrence
Ruth Lawrence
2020-08-22
The team arrived bang on time and began work immediately. They continued for five solid days and completed the entire clearance of my late uncles house, which was a case of extreme hoarding over many decades. They even removed carpets, curtains and swept up so the house was ready for sale. They were exeptionally hard working, polite and charged a reasonable price for this incredibly difficult job. Terrific service, absolutely recommended.
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For those NOT requiring a full house contents valuations,
we suggest you use The Antique Appraisal Company.

All valuations are conducted in accordance with HMRC guidelines and fully guaranteed against rejection.

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Probate Valuation Of Chattels: Changing Your Executor

The executor appointed by the Will, has to take on a large responsibility in managing the deceased’s affairs. The executor has to take care of valuation, taxes, outstanding loans and distributing the estate to the beneficiaries. They will also be required to apply for a Grant of Probate in order to have the legal authority to manage the estate in Scotland.

Understandably, this can put a lot of pressure on an individual. Sometimes the executor may not be suitable for carrying out their duties effectively or downright refuse to obtain a Grant of Probate.

What can be done if the executor refuses to apply for Grant of Probate?

Frequently, when a person dies, their beneficiaries may want to deal with the matters of inheritance and estate quickly after their death.

If, for whatever reason the executor refuses to obtain a Grant of Probate, the spouse/next of kin may notify the executor in writing, that they are applying to the court to transfer the responsibility of the executor to a different person.

In the case where the executor holds the original copy of the Will, a subpoena may be issued by the court for the executor to relinquish it within eight days. If however, the executor does not give it up by the specified deadline, the beneficiaries can lodge a citation against that person which mandates them to either accept or refuse the Grant of Probate.

If the executor fails or refuses to accept, the citation can in effect allow the court to transfer the Grant of Probate from the executor to the next of kin, giving them the power to administer the estate instead.

There is an exception however, if the executor has already interfered in the matters of the deceased’s estate, then the citation cannot be served. The reason being, that if the executor has in some way become directly involved in the deceased’s affairs, they are not allowed to suddenly drop their role or refuse the Grant of Probate.

If the executor fails to apply for the Grant, the beneficiaries can apply for a court order to force them to take the Grant of Probate or alternatively to direct the Grant to themselves (as the next of kin) or to a specified person of their choosing.

Once the court order is obtained, then the next of kin may apply for Grant of Probate.

What if the executor is not adequately carrying out their responsibilities?

The next of kin should be able to request a detailed written account of the administration of the estate from the executor.

If the account or explanation is not satisfactory, the next of kin reserve the right to apply to court for a substitute or removal of the executor. This could raise some difficulties however, as sufficient proof of misconduct on the part of the executor would be required.

Normally, the court would only remove the executor in the cases of following transgressions:

Disqualification

If the executor has become legally ineligible to perform their duties since the appointment by the Will. (e.g. if they were convicted of a crime and are in prison)

Incapability

If they are physically or mentally incapable (albeit temporarily or permanently) to effectively perform their duties.

Unsuitability

If the party is not suitable for the role due to either a conflict of interest or a serious breach of conduct. The misconduct would have to be grievous enough to seriously affect the estate. (e.g. mismanagement of the estate, stealing from the estate, negligent keeping of the accounts or not obeying a court order).

If there is not enough proof, or if the degree of misconduct is not deemed serious enough by the court (e.g. the executor being rude to the beneficiaries), it would be very difficult to remove an executor.

Removing or substituting the executor via court order

An application for a court order to remove an executor can be made by the beneficiaries through the Part 8 Claim of the Civil Procedures Rules 57.13.

The application will need to be supported by the following documents:

A certified, sealed copy of the Grant of Probate (or Letters of Administration in England)
A Witness Statement detailing the reasons for removing the executor, as well as the deceased’s assets and liabilities, names of the beneficiaries and the proposed substitute for the executor
A signed Consent To Act by the substitute
A Witness Statement to prove the substitute’s qualification for the role

The above applies only if the inheritance proceedings have not started yet, otherwise the application to remove the executor would have to be done via an application notice, not Part 8 Claim.

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Online Antique Appraisals And Valuation

For those NOT requiring a full house contents valuations,
we suggest you use The Antique Appraisal Company.

All valuations are conducted in accordance with HMRC guidelines and fully guaranteed against rejection.

Start Your Probate Valuation Now - Online Probate Valuations