Probate, Council Tax and a very, very, very difficult co-executor

[Rupert23]

Hello, I hope someone can help me with this. I am dealing with an extremely difficult and awkward co-executor. I have had a letter from his solicitor stating that they believe there are council tax liabilities due which have not been accounted for in the proposed probate application? Is this something that a solicitor should even be looking at for probate purposes? Council tax would have been in joint names and as there is a survivor surely this would not come into probate??? Also if there was any issue or concern wouldn't it be dealt with by the Council and wouldn't they get in touch with the surviving spouse? Very perplexed by this latest turn of events which seems to be just the latest in a long line of delaying tactics. HELP!!

[lgfa92]

If there was a joint council tax liability on the property (as per s6 of the local government finance act 1992) then each party is jointly responsible for full payment. If one party was to die then any balance would continue to be recoverable, in full, from the surviving liable party.

[Rupert23]

Thank you so much for your response which is really helpful. So are they placing too much emphasis on this as an excuse to delay?

[lgfa92]

I would say so, in my opinion - from working in dealing with council tax disputes for nearly 2 decades I'd say they're worrying about nothing major (certainly not enough to create any serious issues).

[Rupert23]

Brilliant. That's really helpful. Thank you so much.