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Probate and Council Tax Liability question

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  • Probate and Council Tax Liability question

    New to the forum so thanks for any help. My mum died last year and left no will. Myself and my brother applied to be the administrators and we got probate on the 15th May last year. She owned a flat which myself and my brother inherited. Due to the buyers being very slow, we did not sell the flat for 9 months. All of the guidance I can see says that local authorities give an additional 6 months after probate as free of council tax. But the authority here have said
    "We understand that the property was transferred into the names of yourself and Graham Beardmore on 11.05.23 so the exemption ended on this date and you became liable for a full Council Tax charge." The 11th was the date probate was granted so myself and my brother had official permision to administer her estate. My understanding is that we should be given the additional 6 months as we did not inherit the flat on the 11th (the deeds, land registry etc remained in her name) we become the administers of her estate. Grateful for any comments as I'm putting together the formal complaint letter.


    Tags: None

  • #2
    Hi
    Welcome to LB
    Is the LA right? As administrators did you and your brother apply to the Land Registry to have the property put in your names after you received the letters of administration?
    If the both of you were in agreement to sell the property, there was no need to have your names put on the deeds
    If the property remained unoccupied and unfurnished the LA may have granted a further 6 months council tax exemption relief, but this does vary from council to council

    Comment


    • #3
      Thanks for the reply. The flat remained in the name of my mum both on the deeds and land registry. The contract for the sale of the flat stated that we were the administrators (not the owners)

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      • #4
        Point out their error to the council. Ownership of the property was never transferred to you and your brother

        Comment


        • #5
          Thanks, have pointed this out via their normal channels with no progress so having to make a formal, written complaint.

          Comment

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