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Council tax after probate
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vision2009
Posts: 169 Forumite


I have been left a property which has a "shared appreciation mortgage" outstanding which needs to be cleared. Property is to be sold.
It seems i have only 6 months from being granted probate until i am liable for the full council tax even though the property is unoccupied.
Class F exemption
"A property which is unoccupied because the owner has died. This exemption is open-ended until probate is granted (if applicable). The executors or personal representatives will then be allowed a further six months of exemption from the date of probate, providing the property is not occupied or ownership changed in the interim. After that time, a 100% charge will apply."
So if no sale in 6 months i am liable, even if it is unoccupied.
Any avice appreciated, thanks
It seems i have only 6 months from being granted probate until i am liable for the full council tax even though the property is unoccupied.
Class F exemption
"A property which is unoccupied because the owner has died. This exemption is open-ended until probate is granted (if applicable). The executors or personal representatives will then be allowed a further six months of exemption from the date of probate, providing the property is not occupied or ownership changed in the interim. After that time, a 100% charge will apply."
So if no sale in 6 months i am liable, even if it is unoccupied.
Any avice appreciated, thanks
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Comments
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vision2009 wrote: »I have been left a property which has a "shared appreciation mortgage" outstanding which needs to be cleared. Property is to be sold.
It seems i have only 6 months from being granted probate until i am liable for the full council tax even though the property is unoccupied.
Class F exemption
"A property which is unoccupied because the owner has died. This exemption is open-ended until probate is granted (if applicable). The executors or personal representatives will then be allowed a further six months of exemption from the date of probate, providing the property is not occupied or ownership changed in the interim. After that time, a 100% charge will apply."
So if no sale in 6 months i am liable, even if it is unoccupied.
Any avice appreciated, thanks
I'm not sure what advice anyone can offer apart from try to sell it within six months.
Lots of councils now charge 100% council tax to houses that are empty.0 -
The Class F exemption is set in legislation so must be applied, it's not a reduction over which a local authority has discretionary powers. After the Class F ends local authorities have delegated powers over the discount.
If legal ownership has transferred then the Class F exemption should no longer apply.
CraigI 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 -
get the process of selling done sooner, and delay probate application but watch out if any IHT due.
if named executor the legal right to start the process starts from date of death. even without named executor in a will EA will often start the process without any ownership checks.0 -
Thanks you for replys. Estate will be less than £325k so no IHT i believe.
Getmore4less "if named executor the legal right to start the process starts from date of death. even without named executor in a will EA will often start the process without any ownership checks."
Can you tell me what is EA? thanks0 -
estate agent.0
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Estate agent?0
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vision2009 wrote: »I have been left a property which has a "shared appreciation mortgage" outstanding which needs to be cleared. Property is to be sold.
It seems i have only 6 months from being granted probate until i am liable for the full council tax even though the property is unoccupied.
Class F exemption
"A property which is unoccupied because the owner has died. This exemption is open-ended until probate is granted (if applicable). The executors or personal representatives will then be allowed a further six months of exemption from the date of probate, providing the property is not occupied or ownership changed in the interim. After that time, a 100% charge will apply."
So if no sale in 6 months i am liable, even if it is unoccupied.
Any avice appreciated, thanks0 -
vision2009 wrote: »Thanks you for replys. Estate will be less than £325k so no IHT i believe.
Getmore4less "if named executor the legal right to start the process starts from date of death. even without named executor in a will EA will often start the process without any ownership checks."
Can you tell me what is EA? thanks
Where you left the actual property in the will or an amount of monies which the estate are raising by selling the property ?
CraigI 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
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