Council Tax after Death

Touchwood007

I am the Administrator of my deceased Mother's estate. We are desperately trying to sell her property to pay off ongoing debts, the worst being Council Tax. Whilst this was up to date when she was alive since her death we have been unable to pay until her property is sold. The Council are saying that I am liable but I thought that as this is not my debt that they could not come after me for payment.  I am very happy to pay in full once the property is sold but cannot in the meantime... any advice please! 

Keep_pedalling

Is anyone still living in the house? If so the current occupants are responsible for CT, but if the house is empty it should be exempt.

BooJewels

In the two recent estates I've executed where there was a property that became empty after their death - council tax was waived until 6 months after Probate was attained.  In the earlier one, we did get charged CT for that 7th month between Probate+6months and the sale completing and it was paid from the estate. 

Do the council you're dealing with not offer something similar - I know they all differ in the details, but this seems a fairly standard arrangement.  It would be the estate that should pay it.

Brie

Contact the council and say that it is a matter for the estate, not you as an individual. (even if you are the beneficiary).  They will need to wait for the sale to clear the debt.

Flugelhorn

Presume the property is empty and  remains in the name of the deceased? In which case only the estate is responsible but no-one can get money out of the estate until the time comes to distribute it - the council should know this and stop pestering you 

Dave_T_UK

Councils have different policies, ours gave us 6 months exemption, then you have to pay full price, I have heard of others that give you half price for 12 months, which works out about the thing.
After whichever policy is in place where the property is has expired, the bill will then accrue until it is sold, and then the administrator/executor will have to pay it from the estate.
Hope this helps, and sorry for your loss

Savvy_Sue

Is the house currently unoccupied? Did you get exemption between date of death and grant of probate plus I think 6 months?

In other words, is the bill correct?

If you now own the house, you may indeed be personally liable, but I'm not sure about for the period between death and probate being granted.

How much are we talking about?

Sarahspangles

Have they misunderstood you saying you’re now the contact/administrator, and assumed you’re now living there?  You need to claim a Class F exemption which should apply for up to a year or for six months from the date of probate whichever is shorter.

Make it easy for them - ask why you don’t qualify for a Class F exemption following the death of [mum] on [date] and update that probate has been received on [ date] /still awaited.

TBagpuss

As others have said, i unless you are living in the property or have transferred the title deeds into your name, it's your mother's estate which is liable. The bill would normally be addressed to either 'executors of [mum's name] ' or 'estate of [mum's name]'.
Most councils will allow a period following death before they start to charge but you normally have to formally claim it.

As Executor, you can let them know that the house is on the market but that there are no funds in the estate to clear the bill until it sells, normally they will then check it periodically to find out whether it's yet sold.

f you are livimng in the property of it you have put it into your name then you as an individual would be liable to pay.

p00hsticks

Keep_pedalling said:

Is anyone still living in the house? If so the current occupants are responsible for CT, but if the house is empty it should be exempt.

It will be exempt until six months after probate is granted as long as the property remains unoccupied and in the deceased's name. After that time it will be up the individual council's stance on empty properties. 

But as others have said, if the property is being sold and on the market, one would expect an  understanding council to be holding fire on the demands and wait for the sale to go through to settle any outstanding debt. 

Touchwood007

Thanks everyone, appreciate all your comments. The six month exemption has gone by and they have been checking that it’s still on the market (which it is). I’ve explained that we’re unable to pay until the property sells. They already have a DPA (charge) on the property which we had to take out to pay for her care so I’m at a loss as to why they want me to start paying.