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As Executor, am I personally liable to pay Council Tax on my late mam's property?
My late mam's estate is her bungalow there's no money. The bungalow has been for sale since July 2025, it's been reduced dramatically and is now at Auction but no bids as yet. After the 6 months exemption for Council Tax, as Executor, I received a Council Tax bill for the remainder of the Council Tax year, to end of March 2026. I queried this and asked if this could be paid once the property was sold, as I would struggle to pay this and my own Council Tax. My request was refused and I paid the bill out of my personal savings, hoping the bungalow would be sold before the next Council Tax year. It's not sold and I've received a new bill. I've contacted them again and explained my financial position (which is dire} and asked again if this could be paid once the bungalow is sold. They refused and then informed me that if there's no sale after a year, the Council Tax bill becomes double!!
Please can anyone help - this is so stressful and I honestly can't pay this - as Executor, am I legally bound to pay?
Comments
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As executor of your mother's estate, it is incumbent upon you to settle any debts that the estate incurs. However, these debts should be settled with money from the estate, not by the executor personally. Usually, if there is no cash available, the council will wait until it becomes available, but may well put a charge upon the property to ensure they are paid when it is sold. The council would be correct in applying a double charge if the bungalow is still empty 12 months after the exemption period ended if it is council policy.
I would enlist the help of the councillor for the area in which the bungalow is situated, as although not unlawful, the council should not be demanding the executor personally settle the CT debt
If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales3 -
So sorry for your loss and this stress.
Are you the sole beneficiary of the property (ie will you get all the proceeds of the sale)?
Was there really nothing else at all in the estate - not even a few grand in a bank account or premium bonds?
And is the property occupied? The answers to these questions might make a difference to how you proceed here.
Assuming it is empty: Unfortunately, paying the council tax from your own funds was a mistake - it is owed by your mum's estate, not by you. If there is literally nothing in the estate (i.e. she died with no cash or bank balance or whatever there was was fully swallowed up by funeral expenses etc.,) then the estate is insolvent and the council has to delay collecting the charge. I am sure they will have a process for this if you explain it fully. If you pay from your own funds it complicates the accounting at best, and at worst, might signal to the council that you've accepted liability.
I'm not a legal expert - just someone who has done a bit of research on this (similarly stuck in the sale of my mum's flat as the chain broke multiple times while we waited for probate…so we're facing the same issue of council tax due as the 6 month exemption has expired.)
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Was the property inherited by anyone, was there a will?
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In the OP's case the estate is not insolvent, there are assets, it is just that there is no liquidity.
If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales2 -
ah yes thanks for clarifying. I guess this must happen fairly often and councils have an alternative way of collecting once a sale has happened?
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If it's at auction with no bids yet is the guideline price too high ?
Everything will sell if the the price is right. You may not get what you think its worth but as of now its a liability.
Never pay on an estimated bill. Always read and understand your bill1 -
Is the estate still going through probate, or are you now the owner of the house and selling it in your own right?
Separately, it seems a bit strange there's been no bidders. Bungalows are usually in high demand unless there are serious flaws with it.
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There was a thread on the Housing board where the OP had been trying unsuccessfully to sell their bungalow for some time. Although the asking price didn't seem unreasonable, it was probably down to those three words "Location, Location, Location!". Which may be the case here.
If you are querying your Council Tax band would you please state whether you are in England, Scotland or Wales1 -
OP says the property is "at Auction but no bids as yet." So I'm assuming they are using one of these online month or so long auction processes - rather than a traditional auction.
Surely the fastest way to shift something would be a traditional auction?
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I hope it’s not a terrible modern auction method sale, lots of buyers won’t touch those with a bargepole. For a quick sale a tradition auction is the better option.
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