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Council tax?

13

Comments

  • GaryBC
    GaryBC Posts: 460 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    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.
    Update.... 
    They've issued a court summons! 
    Seems the "they'll just have to wait" doesn't apply. 
  • GaryBC
    GaryBC Posts: 460 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    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).
    Looks like they can! 
  • km1500
    km1500 Posts: 2,790 Forumite
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    is the summons against the estate or you personally
  • GaryBC
    GaryBC Posts: 460 Forumite
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    Well it's addressed to me as an Executor of the estate. 
  • user1977
    user1977 Posts: 17,974 Forumite
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    edited 13 April 2024 at 4:16PM
    GaryBC said:
    Well it's addressed to me as an Executor of the estate. 
    So against the estate. Like I said. And the estate can't pay until there are some liquid assets. So they will (still!) just have to wait.
  • GaryBC
    GaryBC Posts: 460 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    user1977 said:
    GaryBC said:
    Well it's addressed to me as an Executor of the estate. 
    So against the estate. Like I said. And the estate can't pay until there are some liquid assets. So they will (still!) just have to wait.
    But I've still been summonsed! 
    And the threat of having assets seized, however empty it may be, is still feckin scary! 
    Is there a solicitor out there who can write to them and tell them to "back the !!!!!! off!" for me? 
  • user1977
    user1977 Posts: 17,974 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    GaryBC said:
    user1977 said:
    GaryBC said:
    Well it's addressed to me as an Executor of the estate. 
    So against the estate. Like I said. And the estate can't pay until there are some liquid assets. So they will (still!) just have to wait.
    But I've still been summonsed! 

    In your capacity as executor of the estate. Not you as an individual. 
  • GaryBC
    GaryBC Posts: 460 Forumite
    Part of the Furniture 100 Posts Name Dropper Combo Breaker
    user1977 said:
    GaryBC said:
    user1977 said:
    GaryBC said:
    Well it's addressed to me as an Executor of the estate. 
    So against the estate. Like I said. And the estate can't pay until there are some liquid assets. So they will (still!) just have to wait.
    But I've still been summonsed! 

    In your capacity as executor of the estate. Not you as an individual. 
    I get it that, in law, there's a distinction. But in practice I'm one and the same person! I don't want to go to court. 
  • user1977
    user1977 Posts: 17,974 Forumite
    10,000 Posts Seventh Anniversary Photogenic Name Dropper
    GaryBC said:
    user1977 said:
    GaryBC said:
    user1977 said:
    GaryBC said:
    Well it's addressed to me as an Executor of the estate. 
    So against the estate. Like I said. And the estate can't pay until there are some liquid assets. So they will (still!) just have to wait.
    But I've still been summonsed! 

    In your capacity as executor of the estate. Not you as an individual. 
    I get it that, in law, there's a distinction. But in practice I'm one and the same person! I don't want to go to court. 
    The same person but wearing different hats. Executor Gary doesn't have any cash. Executor Gary can remind the council of that (I presume you have already explained this to them). Executor Gary can assure the council they'll get paid as soon as the house is sold.

    Is anybody actually inviting you to attend court?
  • RAS
    RAS Posts: 35,742 Forumite
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    Council tax liability orders aren't dealt by personal appearance in a court, basically they are rubber-stamp in bulk batches. 

    Have you considered contacting the local Councillor for the ward the house is in? 
    If you've have not made a mistake, you've made nothing
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