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  • FIRST POST
    • JDD
    • By JDD 8th Mar 17, 5:58 PM
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    JDD
    Council tax while probate is pending
    • #1
    • 8th Mar 17, 5:58 PM
    Council tax while probate is pending 8th Mar 17 at 5:58 PM
    I have just been told that I am liable for council tax on my late father's house even though probate has not been granted yet. Is this legal? The council have said I cannot have an exemption as once probate is granted the property passes to me. I didn't think they could charge me until the property is legally mine - any advice would be gratefully received?
Page 1
    • Yorkshireman99
    • By Yorkshireman99 8th Mar 17, 6:04 PM
    • 3,309 Posts
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    Yorkshireman99
    • #2
    • 8th Mar 17, 6:04 PM
    • #2
    • 8th Mar 17, 6:04 PM
    I have just been told that I am liable for council tax on my late father's house even though probate has not been granted yet. Is this legal? The council have said I cannot have an exemption as once probate is granted the property passes to me. I didn't think they could charge me until the property is legally mine - any advice would be gratefully received?
    Originally posted by JDD
    The estate is liable so the answer is effectively the same in your case.
    • Curlylady
    • By Curlylady 8th Mar 17, 6:08 PM
    • 45 Posts
    • 27 Thanks
    Curlylady
    • #3
    • 8th Mar 17, 6:08 PM
    • #3
    • 8th Mar 17, 6:08 PM
    Yes this is true. I had 6 months reprieve once probate was granted, then they recalculate accordingly. I paid monthly at that point until the property sold. Hope this helps.
    • getmore4less
    • By getmore4less 9th Mar 17, 6:44 AM
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    getmore4less
    • #4
    • 9th Mar 17, 6:44 AM
    • #4
    • 9th Mar 17, 6:44 AM
    I have just been told that I am liable for council tax on my late father's house even though probate has not been granted yet. Is this legal? The council have said I cannot have an exemption as once probate is granted the property passes to me. I didn't think they could charge me until the property is legally mine - any advice would be gratefully received?
    Originally posted by JDD
    depends on the wording in the will.

    Councils have caught onto the fact that the beneficial interest can be established before the legal transfer making the person liable not the estate, which gets DOD->probate + 6 months exemption class F.
    • Yorkshireman99
    • By Yorkshireman99 9th Mar 17, 6:51 AM
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    Yorkshireman99
    • #5
    • 9th Mar 17, 6:51 AM
    • #5
    • 9th Mar 17, 6:51 AM
    Which makes me wonder if this exemption was ever effectively valid.
    • getmore4less
    • By getmore4less 9th Mar 17, 6:55 AM
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    getmore4less
    • #6
    • 9th Mar 17, 6:55 AM
    • #6
    • 9th Mar 17, 6:55 AM
    can you confirm he was the only one living there and the property is no longer occupied.?
    • getmore4less
    • By getmore4less 9th Mar 17, 7:06 AM
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    getmore4less
    • #7
    • 9th Mar 17, 7:06 AM
    • #7
    • 9th Mar 17, 7:06 AM
    Which makes me wonder if this exemption was ever effectively valid.
    Originally posted by Yorkshireman99
    easy enough to fix your understanding just do some basic research.

    start with one of your own posts
    http://forums.moneysavingexpert.com/showpost.php?p=70011503&postcount=7
    • Yorkshireman99
    • By Yorkshireman99 9th Mar 17, 8:18 AM
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    Yorkshireman99
    • #8
    • 9th Mar 17, 8:18 AM
    • #8
    • 9th Mar 17, 8:18 AM
    Exactly! Although it seems to have been regarded as valid now Councils are saying it is not! Cake and eat it?
    • CIS
    • By CIS 9th Mar 17, 8:20 AM
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    CIS
    • #9
    • 9th Mar 17, 8:20 AM
    • #9
    • 9th Mar 17, 8:20 AM
    It's becoming more common to see councils refuse a class f exemption to the estate on the basis that there is a 'qualifying person' for council tax purposes and the exemption does not therefore apply.

    The whole situation could ideally be clarified by the High Court as the current position is a bit of a mess.

    If the council have refused it them you can appeal to a valuation tribunal, you don't just have to accept the decision but tribunal decisions often seem to depend on wind direction. There are some tribunal decisions however which could perhaps be argued in your favour but it depends what the will etc says regarding the property.

    Craig
    Last edited by CIS; 09-03-2017 at 8:56 AM.
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • CIS
    • By CIS 9th Mar 17, 8:45 AM
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    CIS
    I should also add that there is no provision in legislation to decline a Class F exemption based on what your 'status' may become at a later date - what matters is the situation now.

    Craig
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • Yorkshireman99
    • By Yorkshireman99 9th Mar 17, 11:31 AM
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    Yorkshireman99
    I should also add that there is no provision in legislation to decline a Class F exemption based on what your 'status' may become at a later date - what matters is the situation now.

    Craig
    Originally posted by CIS
    So effectively the council can make it up as they go along! As you rightly say it needs an appeal to the High court.
    • CIS
    • By CIS 9th Mar 17, 2:14 PM
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    CIS
    So effectively the council can make it up as they go along! As you rightly say it needs an appeal to the High court.
    Originally posted by Yorkshireman99
    They should apply it as per the legislation but the legislation is worded so that more than one opinion can be made on many points of council tax legislation - there are many points which would benefit from a high court appeal to provide clarity .

    One of the common problems though is that local authorities introduce their own 'criteria' for which they don't have any lawful powers - interpretation is one thing, adding your own rules is not.

    Craig
    I no longer work in Council Tax Recovery as I'm now a self employed Council Tax advisor and consultant with my own Council Tax consultancy business. My views are my own reading of the law and you should always check with the local authority in question.
    • JDD
    • By JDD 11th Mar 17, 1:03 PM
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    JDD
    Council tax while probate is pending
    Thanks for all of your advice. I am going to appeal the decision and see what happens.
    • Yorkshireman99
    • By Yorkshireman99 11th Mar 17, 1:19 PM
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    Yorkshireman99
    Thanks for all of your advice. I am going to appeal the decision and see what happens.
    Originally posted by JDD
    You may need to pay anyway and get a refund if you are successful. The chances of winning the appeal are slim.
    • getmore4less
    • By getmore4less 11th Mar 17, 2:20 PM
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    getmore4less
    What does the will say?

    You may be wasting your time
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