Council Tax and Probate

CEM122

I have recieved a large Council tax bill this morning of about £5k. We have had an awful time with probate after it transpired my Aunt never transferred the property into her name after her husband died several years ago.

We received probate in 2022 for my Aunt, the issue arose when we tried to sell the property and then we had to go back and get probate for her husband to enable us to sell the house thus revoking the original probate. We finally got probate in Oct 2024.

The Council are trying to charge us Council Tax between the time we got probate in 2022 although we could not legally sell the house until when we sold it last month in 2025 plus an empty property charge at 100%. Is anyone able to offer any insight or are the Council right to do this?

Savvy_Sue

I suspect they are technically correct to do that, but I'd get in touch with them and ask if there is a means of appeal. 

The reasoning for the empty property charge may be "you could rented it out", although renting out a property you're trying to sell makes for interesting times. 

jlfrs01

Had a similar issue when my father had to leave the flat he lived in and go into a Residential Home after a bought of ill-health. He always believed it was going to be a temporary measure so it remained unoccupied until his death 3 years later.

The District Council would only allow the sole occupancy discount during this time and the utilities continued with their standing charges.

All charges continued during the year or so it took Probate to come through and they were subsequently paid out of his Estate.

If you have not already done so, advise the Council on the situation (and any other debtors) so they don't go down any enforcement route, etc.

Keep_pedalling

The CT exemption last for 6 months after probate is obtained (in this case your Aunt’s probate not your Uncle’s).