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Topic · Legal & family law

Property valuations for legal matters

In a settlement or an estate, the valuation is usually the largest number in dispute — and the one most likely to be tested by someone with an opposing interest.

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In short

Legal property valuations are prepared for family law settlements, deceased estates and probate, and property disputes. They must be independent of every party, prepared by a valuer registered in Queensland, and documented well enough to be relied on in negotiation or tendered as evidence. Family law valuations are commonly current-dated and frequently obtained on a joint single-expert instruction; estate valuations are usually retrospective to the date of death.

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Independence is the product

A legal valuation has value precisely because nobody controls the outcome. We are paid the same fee regardless of the figure, we do not sell property, and we will not adjust a number to suit an instruction. Where we are asked to, we say so plainly and decline.

That is also why an agent's appraisal carries so little weight in these matters. It is not independent, it is not documented, and the person who produced it faces no professional consequence if it is wrong. Solicitors and courts discount it accordingly.

Single expert versus competing experts

Where both sides can agree, one valuer appointed jointly is almost always the better course: one fee instead of two, no incentive to shop for a favourable number, and the dispute usually narrows immediately. We accept joint instructions from both solicitors and communicate with both parties equally.

Competing experts are sometimes unavoidable — unusual property, a genuine methodological disagreement, or a party who will not agree to a joint appointment. It should be a considered choice, though, not the default position, because it doubles cost and frequently requires a third process to reconcile the two reports.

Disclosure works in your favour

Unapproved structures, partially completed renovations, subdivision potential, easements, a granny flat without a permit. Disclose them. In a legal matter, information that surfaces later damages the party who withheld it far more than the figure it was meant to influence.

Where these features exist, we identify and value them explicitly rather than leaving them implicit, because unstated assumptions are what generate argument between opposing experts.

Guides in this topic

2 guides

Legal & family law Family law property valuations: what to expect In a property settlement the valuation is often the largest single number in dispute. Independence, timing and evidence are what stop it becoming the thing you argue about. 7 min read Legal & family law Deceased estate and probate property valuations Executors need a value they can defend to beneficiaries and to the ATO. That usually means a market value at the date of death, not the date you got around to arranging it. 6 min read

The services behind this topic

Residential valuations Family homes, units and acreage. Commercial valuations Business premises in an asset pool or estate. Contact us Joint instructions welcome from both solicitors.

Answers

Legal & family law questions

Can we jointly appoint one valuer?

Yes, and we recommend it. We take instructions from both solicitors, deal with both parties symmetrically on access and information, and issue one report addressed to both.

Will the valuer give evidence in court?

Yes, where the engagement provides for it. Expert witness attendance and conference time are quoted separately from the valuation.

What effective date applies in family law?

Usually a date at or near hearing or agreement rather than separation — but that is a legal question. Ask your solicitor to specify the date and we will value at it.

Can a beneficiary or the other party dispute the valuation?

Yes. The normal course is a review request supported by additional evidence — recent comparable sales, documentation of improvements, or a specialist report. If the disagreement is methodological, a second registered valuer's opinion may be obtained.

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Tell us the address and the purpose and we will confirm scope, a fixed fee and an inspection time — usually within the hour.

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