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Council tax / probate

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Comments

  • lavalamp
    lavalamp Posts: 236 Forumite
    that says probate +6months exemption on empty properties.

    That's what I thought as well until we had to pay. I contacted them and what it actually says in the guidance is:

    "When a single person lived in a property and that person dies, there will be no council tax to pay for as long as the property is empty until probate is granted. Following a grant of probate, a further six months exemption is possible as long as the property remains empty and has not in that time been sold or transferred to someone else."

    Even though the house was not actually transferred until later in the year, they said that as my husband was clearly named in the will as the beneficiary, he legally owned the house from date of probate. Hey, I don't make the rules and don't necessarily agree with them, it's just the council is very strict about it. Just wanted to put my experience out there.

    ETA. The guidance is in the pdf linked here: http://www.bristol.gov.uk/sites/default/files/documents/council_tax/Council%20tax%20deceased%20customers%20what%20to%20do%20when%20someone%20has%20died%20Council%20Tax%20factsheet%206_0.pdf
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    lavalamp wrote: »
    That's what I thought as well until we had to pay. I contacted them and what it actually says in the guidance is:

    "When a single person lived in a property and that person dies, there will be no council tax to pay for as long as the property is empty until probate is granted. Following a grant of probate, a further six months exemption is possible as long as the property remains empty and has not in that time been sold or transferred to someone else."

    Even though the house was not actually transferred until later in the year, they said that as my husband was clearly named in the will as the beneficiary, he legally owned the house from date of probate. Hey, I don't make the rules and don't necessarily agree with them, it's just the council is very strict about it. Just wanted to put my experience out there.

    ETA. The guidance is in the pdf linked here: http://www.bristol.gov.uk/sites/default/files/documents/council_tax/Council%20tax%20deceased%20customers%20what%20to%20do%20when%20someone%20has%20died%20Council%20Tax%20factsheet%206_0.pdf

    Thats not what the guidence says.

    You don't become the legal owner from probate only the benificial owner.

    Using the argument that a benificiary is responsible means ALL estates can't benifit from the 6 month exemption.

    Sould have taken that further.
  • lavalamp
    lavalamp Posts: 236 Forumite
    Thats not what the guidence says.

    You don't become the legal owner from probate only the benificial owner.

    Using the argument that a benificiary is responsible means ALL estates can't benifit from the 6 month exemption.

    Sould have taken that further.

    I did try to take it further, but got nowhere! Should have posted about it here at the time I guess!
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