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  • FIRST POST
    • Phazed
    • By Phazed 16th May 19, 4:36 PM
    • 1Posts
    • 0Thanks
    Phazed
    Paying Council tax while waiting for Probate
    • #1
    • 16th May 19, 4:36 PM
    Paying Council tax while waiting for Probate 16th May 19 at 4:36 PM
    Hi all,

    As some of you maybe aware, the probate office seems to have a new system, which is causing some large delays in obtaining probate:
    We originally applied for probate over two months ago. The six months council tax free after death has now expired, so we are expected to part with a significant amount of money monthly in Council tax, for a house that we have a buyer for, awaiting the probate office system to fix itself.
    Its crazy. The longer the govt take to grant probate, the more they make from an unoccupied house in Council tax now. We have a buyer for the house lined up, who is actually quite patient with everything. It isnt a complex will either. No foreign assets, no business ownership, it doesn’t even qualify for IHT.
Page 1
    • MovingForwards
    • By MovingForwards 16th May 19, 4:50 PM
    • 1,326 Posts
    • 1,593 Thanks
    MovingForwards
    • #2
    • 16th May 19, 4:50 PM
    • #2
    • 16th May 19, 4:50 PM
    What's your question? Or is it getting it off your chest?
    • CIS
    • By CIS 16th May 19, 5:17 PM
    • 11,170 Posts
    • 6,516 Thanks
    CIS
    • #3
    • 16th May 19, 5:17 PM
    • #3
    • 16th May 19, 5:17 PM
    Hi all,

    As some of you maybe aware, the probate office seems to have a new system, which is causing some large delays in obtaining probate:
    We originally applied for probate over two months ago. The six months council tax free after death has now expired, so we are expected to part with a significant amount of money monthly in Council tax, for a house that we have a buyer for, awaiting the probate office system to fix itself.
    Its crazy. The longer the govt take to grant probate, the more they make from an unoccupied house in Council tax now. We have a buyer for the house lined up, who is actually quite patient with everything. It isnt a complex will either. No foreign assets, no business ownership, it doesn’t even qualify for IHT.
    Originally posted by Phazed

    If the only interest in the property is still vested in the estate then the Class F exemption lasts until probate is granted, only after that date is there a 6 month time limit. This means that a probate delay simply extends the Class F period.
    I no longer work in Council Tax Recovery but instead work as a self employed Council Tax paralegal assisting landlords and Council Tax payers with council tax disputes and valuation tribunals. My views are my own reading of the law and you should always check with the local authority in question.
    • Marcon
    • By Marcon 17th May 19, 7:53 PM
    • 1,033 Posts
    • 792 Thanks
    Marcon
    • #4
    • 17th May 19, 7:53 PM
    • #4
    • 17th May 19, 7:53 PM
    The six months council tax free after death has now expired, so we are expected to part with a significant amount of money monthly in Council tax,
    Originally posted by Phazed
    Are you, or do you just think you are? If your local council has billed you, it suggests they have incorrect or incomplete information, so give them a call and help by putting the record straight.
    • anniecave
    • By anniecave 17th May 19, 8:01 PM
    • 2,275 Posts
    • 738 Thanks
    anniecave
    • #5
    • 17th May 19, 8:01 PM
    • #5
    • 17th May 19, 8:01 PM
    My local council website agrees with CIS above, example:


    "Property unoccupied because the owner or tenant has died (Class F)
    Where a property is left unoccupied following the death of the owner or tenant, an exemption can be granted until probate is granted or letters of administration are obtained, and for up to six months afterwards if it remains unoccupied.
    However, if someone else has a legal interest in the property, the exemption will not apply and a full charge will be payable. "
    Indecision is the key to flexibility.
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