Paying Council tax while waiting for Probate

Phazed
Phazed Posts: 1 Newbie
in Deaths, funerals & probate
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.

Comments

  • MovingForwards
    MovingForwards Posts: 16,916 Forumite
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    What's your question? Or is it getting it off your chest?
    Mortgage started 2020, aiming to clear it in 2026.
  • CIS
    CIS Posts: 12,260 Forumite
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    Phazed wrote: »
    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.


    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 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.
  • Marcon
    Marcon Posts: 10,644 Forumite
    First Post First Anniversary Name Dropper Combo Breaker
    Phazed wrote: »
    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,

    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.
    Googling on your question might have been both quicker and easier, if you're only after simple facts rather than opinions!  
  • anniecave
    anniecave Posts: 2,442 Forumite
    First Post First Anniversary Combo Breaker
    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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