Council Tax - I don't live there!

bedmanager

Hi,
Hope someone can advise on this (I'd be very grateful!)

My father passed away on 3rd June 2010. His estate is still being resolved and the solicitor is paying the council tax.

I have since received a demand for c. £1k for council tax at my father's house, in my name. I haven't lived there for over ten years and have my own home (in the same council borough) on which I have paid council tax for eight years. Prior to that, I owned a house in a neighbouring borough and paid council tax for five years.

If the bill was passed to me as his next of kin then surely there should be some record of payments being made from the solicitor (who has actually made payments), but the reference number is different from the one used by the solicitor?

I'm on the electoral register at my current address, so this is either a monumental breakdown in communication between the estate's solicitor and the council, or I'm being harangued by Bristow and Suitor on false pretences...

Any ideas, folks? It's driving me mad.

Thanks!

Jinx

Call them and explain, then follow it up in writing recorded delivery.

DVardysShadow

bedmanager wrote: »

or I'm being harangued by Bristow and Suitor on false pretences...

It looks like there is probably a liability order in your name. So your first task is to find out if this is actually the case and if it is, to find out how this has come about without you being given a hearing.

Either you have ignored correspondence or the solicitor has - or it has been misdirected. Are you named as Executor?

bedmanager

My cousin (with whom I haven't spoken for eight years) is executrix.
My concern is that the paperwork I have received is on a different reference number from the paperwork with which the solicitor is dealing.
Surely, if I haven't lived there for fourteen/fifteen years and the council has a record of me paying council tax at my own property, allied to the fact the the council tax is currently being dealt with by the solicitors of my father's estate they are in error?

bryanb

Where are you registered on the electoral roll?

bedmanager

I've been registered at my own address for eight years.

DVardysShadow

bedmanager wrote: »

Surely, if I haven't lived there for fourteen/fifteen years and the council has a record of me paying council tax at my own property, allied to the fact the the council tax is currently being dealt with by the solicitors of my father's estate they are in error?

I would say that all the reasons why you should not pay this money are just a waste of breath at the moment. For example, the fact that you pay Council Tax at 1 address is almost totally irrelevant to whehter you should pay it at another.

What you need to do is find from the council why they have come to the conclusion that you owe the money and show them that their argument is wrong.

It strikes me as odd that your cousin is Executor and you are not for your own father. And not having spoken to her for 8 years - has she put this on you out of stupidity, malice or ignorance?

bedmanager

She was made executrix before we fell out. My father didn't change his will for over ten years, so we're stuck with her doing the job, unfortunately...

DVardysShadow

So do you inherit the house? Has she passed it on to you without telling you?

bedmanager

The house is being sold and the will states that me and my brother inherit.
During probate, she is legally responsible for the bills.

troubleinparadise

Depending on the Council involved, it is often the situation that a house that is uninhabited following a death (or entry to hospital/care home etc) is exempt from Council Tax. If it is the case following a death it will probably be exempt whilst the estate is being prepared for Probate. There may also be an additional exemption for 6 months after the date that Probate is granted.

There may also be differing rules according to whether the house is furnished or not, and whether it is uninhabitable during building works.

It would be easy for you to track down on the Internet the Council involved and find out their rules on Council Tax. Then you would know what the situation is.

Whilst you may not be on speaking terms with the Executrix cousin, the solicitor who is also involved with handling the estate may be able to explain to you quite why your name has been passed to the Council.

Sounds like the Executor or Solicitor (let's hope not!) don't understand how this all works.