Council tax while probate is pending

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JDD
JDD Posts: 3 Newbie
in Deaths, funerals & probate
I have just been told that I am liable for council tax on my late father's house even though probate has not been granted yet. Is this legal? The council have said I cannot have an exemption as once probate is granted the property passes to me. I didn't think they could charge me until the property is legally mine - any advice would be gratefully received?
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  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    JDD wrote: »
    I have just been told that I am liable for council tax on my late father's house even though probate has not been granted yet. Is this legal? The council have said I cannot have an exemption as once probate is granted the property passes to me. I didn't think they could charge me until the property is legally mine - any advice would be gratefully received?
    The estate is liable so the answer is effectively the same in your case.
  • Curlylady
    Curlylady Posts: 52 Forumite
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    Yes this is true. I had 6 months reprieve once probate was granted, then they recalculate accordingly. I paid monthly at that point until the property sold. Hope this helps.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    JDD wrote: »
    I have just been told that I am liable for council tax on my late father's house even though probate has not been granted yet. Is this legal? The council have said I cannot have an exemption as once probate is granted the property passes to me. I didn't think they could charge me until the property is legally mine - any advice would be gratefully received?

    depends on the wording in the will.

    Councils have caught onto the fact that the beneficial interest can be established before the legal transfer making the person liable not the estate, which gets DOD->probate + 6 months exemption class F.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    Which makes me wonder if this exemption was ever effectively valid.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    can you confirm he was the only one living there and the property is no longer occupied.?
  • getmore4less
    getmore4less Posts: 46,882 Forumite
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    Yorkshireman99 wrote: »
    Which makes me wonder if this exemption was ever effectively valid.

    easy enough to fix your understanding just do some basic research.

    start with one of your own posts
    http://forums.moneysavingexpert.com/showpost.php?p=70011503&postcount=7
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    Exactly! Although it seems to have been regarded as valid now Councils are saying it is not! Cake and eat it?
  • CIS
    CIS Posts: 12,260 Forumite
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    edited 9 March 2017 at 9:56AM
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    It's becoming more common to see councils refuse a class f exemption to the estate on the basis that there is a 'qualifying person' for council tax purposes and the exemption does not therefore apply.

    The whole situation could ideally be clarified by the High Court as the current position is a bit of a mess.

    If the council have refused it them you can appeal to a valuation tribunal, you don't just have to accept the decision but tribunal decisions often seem to depend on wind direction. There are some tribunal decisions however which could perhaps be argued in your favour but it depends what the will etc says regarding the property.

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist 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.
  • CIS
    CIS Posts: 12,260 Forumite
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    I should also add that there is no provision in legislation to decline a Class F exemption based on what your 'status' may become at a later date - what matters is the situation now.

    Craig
    I no longer work in Council Tax Recovery but instead work as a specialist 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.
  • Yorkshireman99
    Yorkshireman99 Posts: 5,470 Forumite
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    CIS wrote: »
    I should also add that there is no provision in legislation to decline a Class F exemption based on what your 'status' may become at a later date - what matters is the situation now.

    Craig
    So effectively the council can make it up as they go along! As you rightly say it needs an appeal to the High court.
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