Taking over utility bills after death

NeverTooLate

If a family member continues to live in the deceased persons house until it is sold, do the bills such as energy, council tax & water need to be put into their name or does the estate pay them?

The family member cared for the deceased and has always lived in the house. They may go and stay with another relative for a few weeks then come back but is reluctant to take on the bills.

If it's relevant, the deceased also owned a second home used as a holiday home.

molerat

The resident of the property is generally responsible for the utility bills but the executors of the estate can still pay them if they so wish. As far as council tax is concerned that is in law the responsibility of the resident. What is the actual question you are asking here ? Are you saying the resident wants a freebie ?

Jemma01

What relationship is that family member? Are they inheriting anything?

Utilities up to the death would be on the estate, after that, if it is vacant you notify the utility companies and the council tax and cover whatever they agree with, like the daily service charges, that would be on the estate.

Living there like anyone else comes with bills and taxes. If they don't want it transferred, agree a rent in writing and let them pay for their living. I'm assuming they aren't inheriting anything, which can be deducted upon sale (subject to written agreement). Any debt needs to be cleared first, taking on the responsibility of someone else's bills could put the executor in questioning if the estate can't pay any debt after sales.

Cairnpapple

Pragmatically, it can be very useful to have someone living in the house rather than leaving it empty, so I wouldn't rule out having the bills paid by the estate. Especially if the resident is going to be helping with clearing the house and preparing for sale. It very much depends on who the beneficiaries are and the individual circumstances.

Yorkie1

Living there like anyone else comes with bills and taxes. If they don't want it transferred, agree a rent in writing and let them pay for their living. 

That could make the executors landlords, with all the responsibilities which come with it

NeverTooLate

Sorry too be vague, trying not to identify anyone.

Resident is a beneficiary. So specific questions:

• Will the utility companies be ok with bills being paid by estate even if property not empty, I guess they won't care as long as they get paid?
• Council tax. As I understand it council tax will not be payable on the second property for a while but will be on main residence as it is occupied, however we're not 100% certain where this family member wants to live in the short term so what do we tell council?

gwynlas

The utility companies would still expect the bills to be paid from the estate up until the house was sold or let to a tenant. Obviously there will be some usage on top of standing charges if somebody is staying there but it is upto executors/beneficaries if they request a contribution towards this.

I would say that the person staying in the house might well be liable for council tax as different authorities appear to have differing views on applying this to a deceased persons residence,

Keep_pedalling

https://forums.moneysavingexpert.com/discussion/comment/82127363#Comment_82127363

I think you will find that CT will be payable on both properties. Class F exemption only applies to the main residence, but as that is still occupied you can’t claim it. The occupier however can claim the single occupancy discount.

lincroft1710

CT exemption only applies to the property in which the deceased lived and only if it became empty upon their death. As the property remains occupied, the current occupier is liable for CT and should register with the council. The executors in this instance would only be liable for CT on the second property if no-one is living there

RAS

Where does this relative aim to live once the estate is finalised? As they will need to pay CT, utilities and contents insurance wherever they move? If they've been caring, they may need a time to recuperate and to think about the future but should pick up CT. Not least as if they are on benefits, they can claim a substantial discount. The details vary from council to council. And it'll help them learn the rules for when they move.

I am aware of someone who moved into a large probate property at nil cost, but they had a primary address to maintain and undertook to help sort through the contents and facilitate essential repairs and offer security to a remote property.