Probate and council tax

carlbhoy

My mother has recently passed away, and the house has been left to my sisters and I, before my father died in 2010 he set up a trust saying that my sisters and I owned his 50% of the house on his death, I wondered would the three of us be liable for the council tax straight away or will we be liable once probate is granted, 
My thoughts were, if we are unable to sell before probate is granted, it still does not technically belong to us?

Grumpelstiltskin

Is the house empty?  If so look at the local council website to see if there is a period when you don't have to pay Council Tax.

p00hsticks

carlbhoy said:

My thoughts were, if we are unable to sell before probate is granted, it still does not technically belong to us?

It won;t be possible to complete any sale before probate is granted, as probate is what gives you the authority to do so (although you can market  it and accept offers before hand). If the property is empty then there is usually an exemption of six months council tax after the probate date, although I'm not sure if you owning half will affect that.

BooJewels

I can concur with what others have said - check the council web site for specifics, as I think they can vary in the details a little.  For example, some arrangements specify that the property has to be unoccupied, others unfurnished etc.

In our case with our parents' property, he didn't pay council tax whilst still alive as he was in a care home and the home was unoccupied (but still furnished), then it was an estate property and didn't attract council tax until probate was granted and then you get 6 months to sell it before council tax becomes due again.  Having got Probate in June, we've sold the property and will complete somewhere in the next month-ish and our council tax is due from 21st December and I have the bill now.  The bill is addressed to me, as I've kept in touch with the council throughout (initially as his Attorney), but as executor for my father by name.  

Interestingly, when we were granted probate, before I even had chance to advise them, they already wrote to me saying 'as you've now been granted probate, CT will be due from . . . ' - so they either watch it, or get advised when it comes through.  They wrote within about 10 days of it being granted.

getmore4less

carlbhoy said:

My mother has recently passed away, and the house has been left to my sisters and I, before my father died in 2010 he set up a trust saying that my sisters and I owned his 50% of the house on his death, I wondered would the three of us be liable for the council tax straight away or will we be liable once probate is granted, 
My thoughts were, if we are unable to sell before probate is granted, it still does not technically belong to us?

Who are the legal owners of the property?

What sort of trust (often a life interest for survivor)

If the trustees were made legal owners(and are still alive) you will not need probate to process the property and sell as they are now the legal owners of the property.
 
You need to look at the council tax class F exemption( I think this has statutory rules)