Council tax?

24

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  • GaryBC
    GaryBC Posts: 408 Forumite
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    user1977 said:
    GaryBC said:
    user1977 said:
    GaryBC said:

    I've written to the council to see what can be done but, if they get heavy handed, what sorts of options are available to us (as executors)?
    You pay it from the proceeds of sale when you get the house sold. The council can't extract cash out of the estate if it doesn't have cash, they'll just have to wait. They're used to it.
    If they're happy to go with that I'd accept it. 
    Well they don't have much choice. They can't force anybody other than the estate to pay it (at least until somebody moves in).
    Can they not come gunning for my sister and I as Executors? 
  • user1977
    user1977 Posts: 13,899 Forumite
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    GaryBC said:
    user1977 said:
    GaryBC said:
    user1977 said:
    GaryBC said:

    I've written to the council to see what can be done but, if they get heavy handed, what sorts of options are available to us (as executors)?
    You pay it from the proceeds of sale when you get the house sold. The council can't extract cash out of the estate if it doesn't have cash, they'll just have to wait. They're used to it.
    If they're happy to go with that I'd accept it. 
    Well they don't have much choice. They can't force anybody other than the estate to pay it (at least until somebody moves in).
    Can they not come gunning for my sister and I as Executors? 
    Only if you've misappropriated the estate funds in some way (e.g. you've already pocketed money from savings accounts which could have covered the tax). Executors don't otherwise become personally liable for the estate's debts (or costs accrued during its administration).
  • Flugelhorn
    Flugelhorn Posts: 5,536 Forumite
    First Anniversary Name Dropper First Post
    edited 16 December 2023 at 4:14PM
    GaryBC said:
    user1977 said:
    GaryBC said:
    user1977 said:
    GaryBC said:

    I've written to the council to see what can be done but, if they get heavy handed, what sorts of options are available to us (as executors)?
    You pay it from the proceeds of sale when you get the house sold. The council can't extract cash out of the estate if it doesn't have cash, they'll just have to wait. They're used to it.
    If they're happy to go with that I'd accept it. 
    Well they don't have much choice. They can't force anybody other than the estate to pay it (at least until somebody moves in).
    Can they not come gunning for my sister and I as Executors? 
    no they can only pester the executor - not you as an individual.

    the executor has no assets and no access to any money until the property has sold - even if you personally had ££££ then you (as exec) still wouldn't be liable until it was sold. 

    nothing to stop you contacting the councillor for where your mother lived


  • GaryBC
    GaryBC Posts: 408 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    user1977 said:
    GaryBC said:
    user1977 said:
    GaryBC said:
    user1977 said:
    GaryBC said:

    I've written to the council to see what can be done but, if they get heavy handed, what sorts of options are available to us (as executors)?
    You pay it from the proceeds of sale when you get the house sold. The council can't extract cash out of the estate if it doesn't have cash, they'll just have to wait. They're used to it.
    If they're happy to go with that I'd accept it. 
    Well they don't have much choice. They can't force anybody other than the estate to pay it (at least until somebody moves in).
    Can they not come gunning for my sister and I as Executors? 
    Only if you've misappropriated the estate funds in some way (e.g. you've already pocketed money from savings accounts which could have covered the tax). Executors don't otherwise become personally liable for the estate's debts (or costs accrued during its administration).
    In that case no, they can't. Thanks. 
    We set up a brand new account purely to handle the estate. All that's come out of it are estate related bills.

    Do you know of anything 'official' I can refer them to if they try it on? 
  • GaryBC
    GaryBC Posts: 408 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    GaryBC said:
    user1977 said:
    GaryBC said:
    user1977 said:
    GaryBC said:

    I've written to the council to see what can be done but, if they get heavy handed, what sorts of options are available to us (as executors)?
    You pay it from the proceeds of sale when you get the house sold. The council can't extract cash out of the estate if it doesn't have cash, they'll just have to wait. They're used to it.
    If they're happy to go with that I'd accept it. 
    Well they don't have much choice. They can't force anybody other than the estate to pay it (at least until somebody moves in).
    Can they not come gunning for my sister and I as Executors? 
    no they can only pester the executor - not you as an individual.

    the executor has no assets and no access to any money until the property has sold - even if you personally had ££££ then you (as exec) still wouldn't be liable until it was sold. 

    nothing to stop you contacting the councillor for where your mother lived


    I've no doubt there's a distinction in the law but, as we are named as executors, are we not one and the same creature?

    I'll wait and see what sort of response I get from my email. I'll try and get in touch with a councillor if I need to. 
  • Flugelhorn
    Flugelhorn Posts: 5,536 Forumite
    First Anniversary Name Dropper First Post
    GaryBC said:
    GaryBC said:
    user1977 said:
    GaryBC said:
    user1977 said:
    GaryBC said:

    I've written to the council to see what can be done but, if they get heavy handed, what sorts of options are available to us (as executors)?
    You pay it from the proceeds of sale when you get the house sold. The council can't extract cash out of the estate if it doesn't have cash, they'll just have to wait. They're used to it.
    If they're happy to go with that I'd accept it. 
    Well they don't have much choice. They can't force anybody other than the estate to pay it (at least until somebody moves in).
    Can they not come gunning for my sister and I as Executors? 
    no they can only pester the executor - not you as an individual.

    the executor has no assets and no access to any money until the property has sold - even if you personally had ££££ then you (as exec) still wouldn't be liable until it was sold. 

    nothing to stop you contacting the councillor for where your mother lived


    I've no doubt there's a distinction in the law but, as we are named as executors, are we not one and the same creature?

    I'll wait and see what sort of response I get from my email. I'll try and get in touch with a councillor if I need to. 
    I doubt if you would be one and the same legally -  imagine if the exec had been a local solicitor? they certainly wouldn't be paying the council tax out of the business fund.


  • GaryBC
    GaryBC Posts: 408 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    GaryBC said:
    GaryBC said:
    user1977 said:
    GaryBC said:
    user1977 said:
    GaryBC said:

    I've written to the council to see what can be done but, if they get heavy handed, what sorts of options are available to us (as executors)?
    You pay it from the proceeds of sale when you get the house sold. The council can't extract cash out of the estate if it doesn't have cash, they'll just have to wait. They're used to it.
    If they're happy to go with that I'd accept it. 
    Well they don't have much choice. They can't force anybody other than the estate to pay it (at least until somebody moves in).
    Can they not come gunning for my sister and I as Executors? 
    no they can only pester the executor - not you as an individual.

    the executor has no assets and no access to any money until the property has sold - even if you personally had ££££ then you (as exec) still wouldn't be liable until it was sold. 

    nothing to stop you contacting the councillor for where your mother lived


    I've no doubt there's a distinction in the law but, as we are named as executors, are we not one and the same creature?

    I'll wait and see what sort of response I get from my email. I'll try and get in touch with a councillor if I need to. 
    I doubt if you would be one and the same legally -  imagine if the exec had been a local solicitor? they certainly wouldn't be paying the council tax out of the business fund.


    True! 😂😂.. 
  • user1977
    user1977 Posts: 13,899 Forumite
    First Anniversary First Post Name Dropper Combo Breaker
    GaryBC said:
    user1977 said:
    GaryBC said:
    user1977 said:
    GaryBC said:
    user1977 said:
    GaryBC said:

    I've written to the council to see what can be done but, if they get heavy handed, what sorts of options are available to us (as executors)?
    You pay it from the proceeds of sale when you get the house sold. The council can't extract cash out of the estate if it doesn't have cash, they'll just have to wait. They're used to it.
    If they're happy to go with that I'd accept it. 
    Well they don't have much choice. They can't force anybody other than the estate to pay it (at least until somebody moves in).
    Can they not come gunning for my sister and I as Executors? 
    Only if you've misappropriated the estate funds in some way (e.g. you've already pocketed money from savings accounts which could have covered the tax). Executors don't otherwise become personally liable for the estate's debts (or costs accrued during its administration).
    In that case no, they can't. Thanks. 
    We set up a brand new account purely to handle the estate. All that's come out of it are estate related bills.

    Do you know of anything 'official' I can refer them to if they try it on? 
    You don't need to explain the law to them, they know what it is - this is what they do for a living, after all! They can't "try it on" in any meaningful way.
  • lincroft1710
    lincroft1710 Posts: 17,600 Forumite
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    The clock starts ticking for the 2 year period when the property ceases to be someone's home. So more or less  from the date of death. Because of the financial state of many councils I cannot see them not charging the 100% premium 
    If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales
  • GaryBC
    GaryBC Posts: 408 Forumite
    Name Dropper First Post First Anniversary Combo Breaker
    Oh I've no doubt they're after making money wherever they can! 
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