Council Tax Liability after Probate

CIS

I spoke to our solicitor and she said the council are being 'sneaky', different councils take different views on this.

I disagree - the council are applying the current view of the valuation tribunal.

As someone who has worked in council tax for a decade (and still does) I would agree that it is likely you would lose at the valuation tribunal. However, it should be noted that a tribunal is not specifically bound by previous decisions, although these decisions are used to try and form a standard track.

straightseer

Came here because I'm executor for my late brother and we've just had a CT bill some 19 months after his death.
I'm not disputing that the rules seem to be on the side of the local authority, and we'll have to cough up; however, I'm genuinely curious as to how the local services funded by Council Tax - "...planning, transport, highways, police, fire, libraries, leisure and recreation, rubbish collection and disposal, environmental health and trading standards..." - are going to be enjoyed either by my late brother or by any beneficiaries of the Will.
Money for nothing?

Flugelhorn

I suppose it does to discourage empty properties, certainly encouraging me to get on with selling a property within the 6 months after probate. Agree re use of services though we have done v well on the rubbish collection / recycling etc etc front

CIS

The key mistake in that interpretation is that council tax isn't intended to pay for services - it's a tax to fund the running of the local authority, not service provision. The local authority may or may not provide services that you will use for the monies you pay but whether you use them or not makes no difference regarding payment.

p00hsticks

CIS wrote: »

The key mistake in that interpretation is that council tax isn't intended to pay for services - it's a tax to fund the running of the local authority, not service provision. The local authority may or may not provide services that you will use for the monies you pay but whether you use them or not makes no difference regarding payment.

And the other misappprehension is that all of those services provided are used by people not properties. I'm sure the executors of the decesased estate would want the fire brigade to attend if the proeprty caught fire or the police to attend if it was broken into, both of whose parties services are funded in part via council tax.

Gemininan69

Hi
I found this story whilst searching for an answer regarding Probate and Council Tax.

Your story is almost identical to mine, where by I to have not transfered the Land Registry over, so does that mean by Law, a Deceased Person still Legally Owns it.

I have had a time of exemption from paying Council Tax, but have now been issued with a Bill of 5 Payments of £269.00 per Month, for the next 5 Months.

Once Probabte has gone through, are you still known as an Executor, or does that now cease.

Also the Property is not habitable, as the Kitchen has been removed, due to its age, and will be renewed in time, once I have enough Funds to do so.

So do you think I would qualify for a 50% Reduction, because

An unoccupied and substantially unfurnished dwelling which requires or is undergoing major repair works to render it habitable or is undergoing structural alteration.

CIS

So do you think I would qualify for a 50% Reduction, because

An unoccupied and substantially unfurnished dwelling which requires or is undergoing major repair works to render it habitable or is undergoing structural alteration.

The rate varies by council as it's a delegated power over the Class D discount (what was the Class A exemption prior to it being abolished in England).



Lack of a kitchen does not count as major repair works for council tax purposes.

Once Probabte has gone through, are you still known as an Executor, or does that now cease.

Probate is just the legal authority to deal with an estate - it's only the half way point in being an executor and dealing with an estate. An executor would remain until they resign or the estate is settled.