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Solicitor as Executor
Comments
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Are you sure it's 6 months after probate with regards to CT? I'm sure it was 6 months after death..
It's 6 months from the date of probate but from the date of death to the date that probate (or equivalent) is granted the property is also exempt from council tax regardless of the length of time taken (assuming it remains unoccupied) to settle the estate.
The exemptions will also cease as soon as someone else becomes the legal owner of the property.I no longer work in Council Tax Recovery but instead work as a specialist Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.0 -
It's 6 months from the date of probate but from the date of death to the date that probate (or equivalent) is granted the property is also exempt from council tax regardless of the length of time taken (assuming it remains unoccupied) to settle the estate.
The exemptions will also cease as soon as someone else becomes the legal owner of the property.
That's good to hear.. We are in the process of getting probate granted and it will be 6 months shortly since death.. We were advised CT was due !! Obviously we have been misinformed.. Is there an official link I can refer to for going back to the solicitors who are unfortunately executors of will.. Btw we are in Scotland.. Is that the same here ?0 -
It is one of the standard exemptions that councils should not be able to change like they can with some of the other voluntary ones
(Scotland may be different)
google is your friend try : council tax exemptions on death
https://www.gov.uk/council-tax/second-homes-and-empty-properties
adding Scotland.
an example
http://www.argyll-bute.gov.uk/forms/council-tax-property-exemption-application-%E2%80%93-estate-deceased-person
Where Council Tax liability is due solely by the estate of a deceased person and a Grant of Confirmation HAS NOT been made an unlimited exemption will be granted while this condition is in force.
Check your local councils web site for how they do stuff with council tax.0 -
John_Pierpoint wrote: »How old are your children?
Take your time, you get 6 months after probate with no council tax, and it is looking like house prices will be ticking up in the Easter sales.
John, they are both just into their 20s.
Thanks very much everyone for all the info, it's most appreciated.0 -
So no need to keep their share in an accumulation & maintenance trust.0
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Wonders will never cease, I had a " Renunciation of probate" letter this morning from the Solicitors, and this after he told me yesterday he was extremely busy and I probably wouldn't get the letter until after Christmas.
At least I can start Probate proceedings now.0 -
Wow that is quick and they should be praised
Rob0 -
I thought it was going too well......
Lloyds and Halifax both released funds no problem with just ID and death certificate.
Post Office won't release anything until forms have been filled in (which I've done) sent to head office, processed, account closed within 2 days, then details sent out to me 5 to 7 working days.
This card account is where his pension went in, I've found no statements whatsoever with this account so couldn't even guess what's in there.
Obviously can't start Probate until I've filled in IHT205, and can't fill in IHT205 until I get account balance.
This is getting a pain0 -
No it is just a chore and it could be a whole lot worse.0
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I thought it was going too well......
Lloyds and Halifax both released funds no problem with just ID and death certificate.
Post Office won't release anything until forms have been filled in (which I've done) sent to head office, processed, account closed within 2 days, then details sent out to me 5 to 7 working days.
This card account is where his pension went in, I've found no statements whatsoever with this account so couldn't even guess what's in there.
Obviously can't start Probate until I've filled in IHT205, and can't fill in IHT205 until I get account balance.
This is getting a pain
The card cash account should give you the balance for IHT purposes on production of death certs. If not you may need to pay the solicitor again to have him obtain that figure for you. Give the bank/post office a call, explain to them that until you know the balance you cant apply for probate. See what they say and what advice they give you
Rob0
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