New Post Advanced Search

Paying Council tax while waiting for Probate

edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
4 replies 760 views
PhazedPhazed Forumite
1 posts
edited 30 November -1 at 1:00AM in Deaths, Funerals & Probate
Hi all,

As some of you maybe aware, the probate office seems to have a new system, which is causing some large delays in obtaining probate:
We originally applied for probate over two months ago. The six months council tax free after death has now expired, so we are expected to part with a significant amount of money monthly in Council tax, for a house that we have a buyer for, awaiting the probate office system to fix itself.
Its crazy. The longer the govt take to grant probate, the more they make from an unoccupied house in Council tax now. We have a buyer for the house lined up, who is actually quite patient with everything. It isnt a complex will either. No foreign assets, no business ownership, it doesn’t even qualify for IHT.

Replies

  • MovingForwardsMovingForwards Forumite
    5.6K posts
    1,000 Posts Second Anniversary Name Dropper Photogenic
    ✭✭✭✭
    What's your question? Or is it getting it off your chest?
  • CISCIS Forumite
    11.8K posts
    Part of the Furniture 10,000 Posts
    ✭✭✭✭✭
    Phazed wrote: »
    Hi all,

    As some of you maybe aware, the probate office seems to have a new system, which is causing some large delays in obtaining probate:
    We originally applied for probate over two months ago. The six months council tax free after death has now expired, so we are expected to part with a significant amount of money monthly in Council tax, for a house that we have a buyer for, awaiting the probate office system to fix itself.
    Its crazy. The longer the govt take to grant probate, the more they make from an unoccupied house in Council tax now. We have a buyer for the house lined up, who is actually quite patient with everything. It isnt a complex will either. No foreign assets, no business ownership, it doesn’t even qualify for IHT.


    If the only interest in the property is still vested in the estate then the Class F exemption lasts until probate is granted, only after that date is there a 6 month time limit. This means that a probate delay simply extends the Class F period.
    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.
  • MarconMarcon Forumite
    1.9K posts
    1,000 Posts Fourth Anniversary Name Dropper Combo Breaker
    ✭✭✭
    Phazed wrote: »
    The six months council tax free after death has now expired, so we are expected to part with a significant amount of money monthly in Council tax,

    Are you, or do you just think you are? If your local council has billed you, it suggests they have incorrect or incomplete information, so give them a call and help by putting the record straight.
  • anniecaveanniecave Forumite
    2.4K posts
    Part of the Furniture 1,000 Posts Combo Breaker
    ✭✭✭✭
    My local council website agrees with CIS above, example:


    "Property unoccupied because the owner or tenant has died (Class F)
    Where a property is left unoccupied following the death of the owner or tenant, an exemption can be granted until probate is granted or letters of administration are obtained, and for up to six months afterwards if it remains unoccupied.
    However, if someone else has a legal interest in the property, the exemption will not apply and a full charge will be payable. "
    Indecision is the key to flexibility :)
Sign In or Register to comment.

Quick links

Essential Money | Who & Where are you? | Work & Benefits | Household and travel | Shopping & Freebies | About MSE | The MoneySavers Arms | Covid-19 & Coronavirus Support