Last Updated: July 2026
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These Terms & Conditions apply to all probate and estate valuation work undertaken by Aubreys Auctioneers Limited (“we”, “us”, “our”), a company registered in England and Wales (Company No. 15346621, Registered Office: 18 Loseley Park, Guildford, Surrey, GU3 1HS). They form the contractual basis on which instructions are accepted and work is performed. If any term of a written engagement letter conflicts with these Terms, the engagement letter prevails.

1. Definitions
1.1.  ‘Client’ means the instructing party, executor, administrator, solicitor, or authorised representative of the estate.
1.2.  ‘Valuation’ means a written probate valuation prepared for inheritance tax and estate administration purposes.
1.3. ‘Estate’ means the assets and chattels subject to the probate valuation.
1.4.  ‘Report’ means the written probate valuation document issued by us.
1.5.  ‘Consumer’ means a Client acting wholly or mainly outside a trade, business, craft, or profession (for example, an executor instructing us in a personal capacity).

2. Instructions & Acceptance
2.1. Instruction to proceed, whether by signature, email confirmation, or a request to commence work, constitutes acceptance of these Terms & Conditions.
2.2. We may decline, suspend, or withdraw from an instruction where the Client’s authority to instruct is unclear, where identity or anti-money laundering checks cannot be satisfactorily completed, where a conflict of interest arises, or where safe access cannot be provided.
2.3. Any variation to the agreed scope of work must be confirmed in writing by both parties.
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3. Basis of Valuation
3.1. Probate valuations are prepared for inheritance tax and estate administration purposes in accordance with Section 160 of the Inheritance Tax Act 1984.
3.2. Values represent our professional opinion of the likely open market value at the date of death, assuming: a willing buyer and willing seller; proper marketing; no forced sale conditions; and sale in the appropriate market.
3.3. Probate values are not: insurance replacement values; retail replacement values; guaranteed sale prices; or auction estimates.
3.4. Auction realisations may be higher or lower than probate values depending on market conditions, presentation, timing, and buyer demand.
3.5. The Report speaks only as at the valuation date stated within it and must not be relied upon for any purpose other than the stated probate purpose.

4. Scope of Work
4.1 Our standard probate valuation service may include:on-site inspection (where instructed); visual examination of items; grouping of lower-value contents where appropriate; room-by-room schedules; identification and description to a commercially reasonable level; and market-based value opinions.
4.2 Unless specifically agreed in writing, we do not: dismantle items; move heavy furniture or fixtures; open safes, sealed containers, or locked cabinets; enter lofts, attics, cellars, basements, or roof spaces (and where such access is agreed, it remains conditional on safe access being provided); remove gemstones from settings; test internally concealed materials; or carry out invasive testing.
4.3 We may rely on external specialists for certain categories (for example: firearms, high-value art, rare books, complex jewellery, coins, watches, or scientific instruments). Additional fees may apply, which will always be agreed in advance.

5. Client Responsibilities
5.1 The Client warrants that they are authorised to instruct us on behalf of the estate.
5.2 The Client agrees to:
- provide safe and reasonable access to the property and its contents;
- disclose all known relevant information;
- identify items of particular value or concern;
- highlight any disputed ownership;
- disclose known restorations, alterations, or damage;
- disclose any known hazards at the property (for example: structural defects, asbestos, animals, or unsafe utilities); and
- ensure utilities and lighting are functional where possible.
5.3 We are entitled to rely on information supplied without independent verification unless otherwise agreed.
5.4 Where conditions at a property are, in our reasonable opinion, unsafe, we may suspend or limit the inspection. Any resulting re-visit may incur an additional fee.

6. Title & Ownership
6.1 We do not investigate legal title or ownership.
6.2 Inclusion of an item in the Report does not confirm ownership by any named person.
6.3 Disputes over ownership are outside our scope.
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7. Testing & Identification Limits
7.1 Precious metals may be tested using non-destructive methods only, unless otherwise agreed.
7.2 Unhallmarked items may be described based on test reactions but cannot be certified as a legal standard of fineness.
7.3 Gemstones are assessed mounted unless removed by a third-party specialist.
7.4 Treatments and enhancements common in the gemstone trade may not always be detectable without laboratory testing.

8. Contents & General Household Effects
8.1 Ordinary household contents may be grouped and valued collectively where individual item values are modest.
8.2 Items of negligible resale value may be recorded as having No Commercial Value.

9. Custody, Removal & Insurance
9.1 Items remain in the custody, and at the risk, of the estate throughout the valuation process, and the Client should maintain appropriate estate insurance.
9.2 Items will only be removed from the property for specialist inspection or research with the Client’s prior written agreement, against a written receipt.
9.3 While items are in our custody under clause 9.2, we will exercise reasonable care and hold appropriate insurance cover, subject to the limitations in clause 17.

10. Independence & Conflicts of Interest
10.1 Our probate valuations are prepared as an independent professional opinion, without regard to whether items may subsequently be consigned to us for sale.
10.2 As an auction house, we may later be instructed to sell items included in the Report. This dual role is disclosed to all Clients, and any sale instruction is entirely at the Client’s discretion under separate auction Terms & Conditions.

11. Photographs & Digital Records
11.1 We may take photographs for working records and report preparation.
11.2 Images are for identification only and may not show exact colour, scale, or condition.
11.3 Copyright in all images and reports remains with us. The Client is granted a non-exclusive licence to use the Report for the stated probate purpose.

12. Fees & VAT
12.1 Fees are agreed in advance and may be structured as: fixed fee; hourly rate; per-room rate; per-item rate; or minimum fee.
12.2 Unless stated otherwise, fees are exclusive of VAT, which will be added at the prevailing rate where applicable.
12.3 Additional fees may apply for: extended research; specialist consultation; re-visits; urgent turnaround; court attendance; formal statements or affidavits; and report revisions caused by new information. These will be agreed before the work is undertaken.
12.4 Fees are payable whether or not assets are later consigned for auction, and are not contingent upon final estate value.
12.5 Travel is included in our fees unless stated otherwise. Reasonable travel and disbursements outside our standard service area may be charged, but only where agreed in advance.

13. Payment Terms
13.1 Unless deferment has been agreed in writing, payment is due within the period stated on our invoice (normally 7–14 days).
13.2 We reserve the right to withhold the final Report until payment is received in full. Any draft issued remains our property until then.
13.3 We may charge interest on late payments: for business Clients, under the Late Payment of Commercial Debts (Interest) Act 1998; for Consumers, at 4% per annum above the Bank of England base rate. Reasonable recovery costs may also be charged where lawful.

14. Consumer Right to Cancel
14.1 Where the Client is a Consumer and the contract is concluded at a distance or away from our premises, the Client has the right to cancel within 14 days of the contract being formed, without giving a reason, under the Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013.
14.2 To cancel, the Client should notify us in writing (email is sufficient) within the 14-day period.
14.3 If the Client requests that we begin work within the cancellation period and later cancels, the Client will be liable for a proportionate fee for work performed up to the date of cancellation. If the service has been fully performed within the period at the Client’s express request, the right to cancel is lost.

15. Report Use & Reliance
15.1 The Report is prepared solely for the named Client and the stated probate purpose.
15.2 It may be submitted to HMRC, probate registries, and solicitors acting in the estate.
15.3 It must not be relied upon by any other third party without our written consent, and must not be altered, excerpted, or partially reproduced.
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16. Market Variability & Timescales
16.1 Values may reasonably differ between competent valuers. Market conditions change, and values may move after the valuation date; we are not responsible for later market shifts.
16.2 Probate valuation work does not oblige the Client to consign items to us for auction. Any future sale instruction will be subject to our separate auction Terms & Conditions of Business.
16.3 Timescales given for inspections and delivery of the Report are estimates given in good faith. We will use reasonable endeavours to meet them but are not liable for delay caused by access difficulties, third parties, or matters outside our reasonable control.
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17. Limitation of Liability
17.1 Our total liability for any claim arising from probate valuation work is limited to three times the fee paid for that valuation.
17.2 We are not liable for: hidden defects; undisclosed damage; later authenticity disputes where non-invasive inspection was used; loss arising from third-party reliance without our consent; or any indirect or consequential loss.
17.3 Nothing in these Terms excludes or limits our liability for death or personal injury caused by our negligence, for fraud or fraudulent misrepresentation, or for any other liability that cannot lawfully be excluded. Where the Client is a Consumer, nothing in these Terms affects statutory rights under the Consumer Rights Act 2015.

18. Court Attendance & Expert Evidence
18.1 Court attendance, written statements, or expert witness work is not included in the standard service.
18.2 Such work must be separately instructed and is charged at an agreed hourly rate plus expenses.

19. Identity Checks & Anti-Money Laundering
19.1 We may request evidence of the Client’s identity and authority (for example, a grant of probate, letters of administration, death certificate, or solicitor’s confirmation) before commencing or continuing work.
19.2 We may suspend work, without liability, pending completion of such checks, and may report matters to the relevant authorities where required by law.

20. Data Protection & Confidentiality
20.1 We handle personal data in accordance with UK data protection law, including UK GDPR and the Data Protection Act 2018.
20.2 Estate information is treated as confidential and disclosed only as necessary to perform the work, to trusted specialists under equivalent duties of confidence, or where required by law or regulation.
20.3 We may retain records, images, and working papers for regulatory, professional, and insurance purposes.

21. Communications
21.1 The Client consents to correspondence, including the Report, being delivered electronically. We are not responsible for non-delivery caused by the Client’s systems or incorrect contact details supplied to us.

22. Complaints
22.1 Complaints should be submitted in writing to probate@aubreys.com. We will acknowledge the complaint promptly, investigate, and respond within a reasonable time.

23. General
23.1 These Terms, together with any written engagement letter, constitute the entire agreement between the parties in relation to the valuation and supersede all prior discussions.
23.2 If any provision is found to be unenforceable, the remainder shall continue in full force.
23.3 No failure or delay by us in exercising any right shall operate as a waiver of it.
23.4 A person who is not a party to this agreement has no rights under the Contracts (Rights of Third Parties) Act 1999 to enforce any of its terms.
23.5 We are not liable for failure or delay in performance caused by events beyond our reasonable control.
23.6 The Client may not assign the benefit of this agreement without our written consent.
24. Governing Law
24.1 These Terms are governed by the law of England and Wales.
24.2 Any dispute is subject to the jurisdiction of the courts of England and Wales, save that a Consumer may bring proceedings in the courts of their place of residence within the UK where entitled to do so.
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