Probate Council Tax

robbo990

My mother died last year, all monies were used for funeral expenses which just left the property. Probate was granted back in August. The property has been on the market since August

The will states that the executor sell the house and spilt the proceeds between my sister and I.

Obviously it's 6 months since probate, so council tax is going to become liable from mid February.

The council states my sister and I are liable, but I can't see how that can be, as we don't own the property or live there.

The executor, is a pensioner, on pension credits (so receives CTR for herself) therefore cannot afford to pay the £200 monthly council tax on my mother's property. I'm on minimum wage and can barely pay my own, as is my sister.

I advised the council that they would just have to wait until the house sold, when the council tax could be paid from the proceeds before my sister and I.

They have said I (me, not my sister as they don't know her married name or where she lives) would therefore receive notices of the missed payments leading to recovery, bailiffs and court proceedings.

Any advice?

Keep_pedalling

Are you living in the property? Has the executor transferred the property into your names?

Yorkshireman99

robbo990 wrote: »

My mother died last year, all monies were used for funeral expenses which just left the property. Probate was granted back in August. The property has been on the market since August

The will states that the executor sell the house and spilt the proceeds between my sister and I.

Obviously it's 6 months since probate, so council tax is going to become liable from mid February.

The council states my sister and I are liable, but I can't see how that can be, as we don't own the property or live there.

The executor, is a pensioner, on pension credits (so receives CTR for herself) therefore cannot afford to pay the £200 monthly council tax on my mother's property. I'm on minimum wage and can barely pay my own, as is my sister.

I advised the council that they would just have to wait until the house sold, when the council tax could be paid from the proceeds before my sister and I.

They have said I (me, not my sister as they don't know her married name or where she lives) would therefore receive notices of the missed payments leading to recovery, bailiffs and court proceedings.

Any advice?

Since the executors are not resident they have no personal liability but the estate my.

robbo990

No, as the terms stated the executor sold the property and split the proceeds the house still remains in mother's name.

Nobody is living there, the house is on the market.

Mojisola

robbo990 wrote: »

Probate was granted back in August.

The property has been on the market since August

robbo990 wrote: »

Nobody is living there, the house is on the market.

The executor needs to be more proactive in selling the house.

What's stopping the sale? Price is usually the main issue.

If you want people's opinions on how to get buyers interested, post a link on here. People are very good at showing how to make a property more attractive to potential buyers.

If the executor isn't willing to act on such advice, he/she may need to put the place in an auction.

None of you can afford for this to drag on.

TonyMMM

Refer the council to the executor .... but as stated above, if there are no other assets they really need to get the house sold asap..... lower the price or get it auctioned.

Who is paying for buildings insurance/utilities etc ?

CIS

Councils are prone to trying to bill the beneficiaries in cases like this.

Where there is no resident of the property then they should be pursuing the legal owner displayed on the land registry title - which appears to be the estate.s6 of the Local Government Finance Act 1992 will identify who is liable.

There have been some contradictory decisions but the general opinion of the valuation tribunal, which is where the case may end up if the council hold firm, is that the legal title provides the material interest and not just being a beneficiary of the will.

Once the second part of the Class F, post-probate, has kicked in then the executors needs to clear the property as soon as possible to avoid the extra charge once the 6 month period of exemption ends.

robbo990

Water Board have told us there is no charge till the property has sold, I have been paying Electric/Gas as this is only a minimal £20 a month as the thermostat is set to 10°C to prevent freezing, and this is more than covering the usage.

Buildings and contents were already in place from mother and have been notified the property is now empty although they will expire in March.

Dox

robbo990 wrote: »

The council states my sister and I are liable, but I can't see how that can be, as we don't own the property or live there.

They have said I (me, not my sister as they don't know her married name or where she lives) would therefore receive notices of the missed payments leading to recovery, bailiffs and court proceedings.

This is a load of rhubarb. Which council are we talking about?

I'd write to them and ask them to confirm the legislation on which they are relying to try and charge you and your sister council tax for a property you have never owned, will never own, have never lived in and will never live in.

Keep_pedalling

Dox wrote: »

This is a load of rhubarb. Which council are we talking about?

I'd write to them and ask them to confirm the legislation on which they are relying to try and charge you and your sister council tax for a property you have never owned, will never own, have never lived in and will never live in.

It’s the executor who needs to deal with council. Might be worth them also involving the councilor who represents the ward the house is in.