Double Council Tax demands after a death - truly awful.

Flugelhorn

user1977 said:

But (in case you missed the comments above) it's not a bill you actually need to find the cash for now, it's one which can be deferred until you've sorted probate and have the money (whether by selling the house or otherwise). Creditors who deal with estates on a regular basis understand the practicalities of settling these accounts (even if they don't hold off from telling you what is owed).

Is it though in this case? (genuine question) - the property was owned as TIC with the mother after the father left his share to her - would this now lead to immediate liability for the CT bills and also would it have been different if the father's part of the house had been left in trust??

user1977

Flugelhorn said:

user1977 said:

But (in case you missed the comments above) it's not a bill you actually need to find the cash for now, it's one which can be deferred until you've sorted probate and have the money (whether by selling the house or otherwise). Creditors who deal with estates on a regular basis understand the practicalities of settling these accounts (even if they don't hold off from telling you what is owed).

Is it though in this case? (genuine question) - the property was owned as TIC with the mother after the father left his share to her - would this now lead to immediate liability for the CT bills and also would it have been different if the father's part of the house had been left in trust??

It's more a question of the practicalities of paying it, if there aren't going to be liquid funds until probate is obtained and the estate ingathered. Admittedly the OP hasn't actually said they can't pay it in the meantime, they just don't like the fact there's a bill. But the council know there's been a death, and I expect if they're told they'll get paid when e.g. the house is sold, they're likely to allow a reasonable time for that to happen, before bothering to try enforce it in any way.

silvercar

theartfullodger said:

My brother died December 2020 , not Covid, during lockdowns etc.  Intestate so slow complicated sorting out estate etc.  I and my sister (obviously) paid all relevant bills, utilities, repairs, CT demands, solicitors and estate agent fees, house and garden clearance etc etc, promptly without argument:. From our funds, not his 

Sorry for your loss.

General advice is that these payments should be made from the estate and not from private funds. In practical terms, not everyone is in a position to pay out these sorts of amounts on behalf of an estate and shouldn’t be expected to do so.

Flugelhorn

silvercar said:

theartfullodger said:

My brother died December 2020 , not Covid, during lockdowns etc.  Intestate so slow complicated sorting out estate etc.  I and my sister (obviously) paid all relevant bills, utilities, repairs, CT demands, solicitors and estate agent fees, house and garden clearance etc etc, promptly without argument:. From our funds, not his 

Sorry for your loss.

General advice is that these payments should be made from the estate and not from private funds. In practical terms, not everyone is in a position to pay out these sorts of amounts on behalf of an estate and shouldn’t be expected to do so.

only bill I was asked to pay up front was the house insurance, everyone else waited until I had probate

SiliconChip

What some posters seem to be failing to grasp is that the OP is already a part owner of the property, and is therefore responsible for the council tax payment on the death of his mother (certainly for the 2022/3 financial year). That payment has nothing to do with the estate, either the OP pays it or runs the risk of prosecution for failing to pay. It may be worth discussing with the council whether there is any option to defer payment if funds are not currently available, but really it's likely to be simpler to just pay each month if the money can be found until a decision can be made on what will happen to the property in the future.

Cash_Cow

Thanks for all your advice. 

I have asked Council to cut me an initial few some months' slack to allow some breathing space. They DO have discretion - should they choose it. This especially appropriate I hope as I currently only own half the property till long after probate and transfer (but seem liable for the a doubled CT on a property that we as non residents draw no council or local services for) and they do know it's as a result of a sudden death. An unexpected £400+ a month outlay is just not budgeted  and is not chicken feed.  It is interesting the far kinder approaches from other  - water bills frozen for 6 months as are other utilities till after probate...

I note the helpful options many have presented here and thank you for them. Failing any compassionate slack from the council as per utilities and even her car insurance Co (I live in hope of humankind...) my daughter is just finishing A levels and it is perfectly reasonable for her to now relax and enjoy her much missed gran's house by the seaside for summer - if she accepts her Uni place so much the better... Then I remove the b furniture and hope for a quick sale of the house. Regards.

theoretica

I am sorry for your loss and can quite see how this is emotional for you - but it is business for the council.  And it seems to be an unintended result of your father's will leaving you half the house.  He was probably thinking most about potential positives when he wrote the will, and not potential negatives like this.

Cash_Cow

I think you are right - and he was only going on his family friend solicitors advice.

I think the emotional side is currently harder hitting than the financial - just the loss of choice and control over my mums lovely home.  It just seems to be monetized and a commodity to the 'business' people at the council.  And its just far more than that. To us.

I just know this wouldn't have happened a few years ago as the rules were kinder in this situation - they just found a way to extract more cash and I feel (emotionally) overstep their mark in my opinion.  I have to deal with it and I will.  Just drawing breath.  Thanks.

ciderboy2009

Cash_Cow said:

...I just know this wouldn't have happened a few years ago as the rules were kinder in this situation...

I think you must be thinking about more than a few years ago - exactly the same happened to a friend about 15-20 years ago (although I'm not sure if the double charge applied then or not).  All because his parents were avised to leave their share of the property to him in their wills as a way to avoid the house being sold to pay for care fees.

As somebody has already mentioned - he was also stung for Capital Gains Tax when he sold the property.

theartfullodger

silvercar said:

theartfullodger said:

My brother died December 2020 , not Covid, during lockdowns etc.  Intestate so slow complicated sorting out estate etc.  I and my sister (obviously) paid all relevant bills, utilities, repairs, CT demands, solicitors and estate agent fees, house and garden clearance etc etc, promptly without argument:. From our funds, not his 

Sorry for your loss.

General advice is that these payments should be made from the estate and not from private funds. In practical terms, not everyone is in a position to pay out these sorts of amounts on behalf of an estate and shouldn’t be expected to do so.

Understand, but when Intestate no access to estate funds.

As his siblings there was no way we weren't going to pay for urgent, necessary, bills.  Not how we behave.