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Taxing the Dead? Council Tax levied even when you die....


mutley2007
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I recently acted as Executor to my late Mother's estate. I was horrified that her particular local authority, whilst initially allowing a 6 month moratorium on council tax after probate was granted, subsequently demanded council tax at the FULL rate on her home until sold, even though it was empty. Given that when she was alive and living alone she qualified for a single person discount of 25%, I could not possibly accept the logic or the morals of this position.

I fought it at Magistrates Court (representing myself) and won on a technicality.

If you are in a similar situation whereby you as the family of the deceased are also burdened by this outrage, contact me and I will let you know what I did to win the day. Not every Council has the same policy as they do have some independence from Govt over what 'discounts' to levy to whom but if yours has made the decision to charge the dead and those they leave behind, then perhaps you should fight back.

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  • 1 month later...

Hi

 

I know what a**h*l*s the councils are re this - when my granded died in 1997, my local borough council demanded 51.70 from my nan for the week he was in hospital dying with Pnuemonia as his liability was calculated from a Monday onwards. Disgusting.

 

When we lost my late Partner, the council wrote to me asking for the death cert, advising me of the need to cancel the monthly DD and telling me our liability to the day he died was 81.00. This was just a week after he had died, so I know exactly where you're coming from on that one...

 

(Just my thoughts...!! :mad: )

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Hello

 

What awful stories to compound a difficult time.

 

I don't have experience of this particular circumstance but I am currently in dispute with my council over Council Tax benefit.

 

The one thing I do know is that their behaviour is scandlous and totally unforgiving and rather threatening.

 

Forget high fuel prices, low pay etc, Council Tax is an absolute outrage that this government pledged to sort out whilst in opposition but has just allowed increases year on year.

 

It's a scandal.

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I have had letters (sorry, my late mum has had them) about her CT. She passed in Oct after a week in hosp, in a coma from heart failure.

 

They are asking details that the execs should be sorting. Why is she getting these letters at her home address, when they should have sorted this a while ago?

 

I will tell you now, God help anyone who asks for CT payment from me/mum/anyone else, because I will need the money from the sale of her house to pay my fine in court after I clout someone from the council.

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HI Theywontwin

 

This situation is awful and I empathise 200% with you...

 

If it hasn't been done already by the executors, send a copy of the death cert and a letter via Recorded delivery to the council and word it very strongly explaining the situation and aking them to address all further communication to the execs of the estate of the late ****** *******. Also stress categorically that the estate is with probate and until it is settled no payments will be made.

 

The execs should be calling in all debtors and creditors of the estate to produce evidence of debts or credits owing and also confirming to them that they will contact them regarding the finalisation of the estate to arrange to administer to them the money.

 

Your mum is still receiving these letters as the execs do not seem to have done this step and if they have, and can prove it via copy letters, recorded delivery POD's etc., then you have the grounds to make a formal complaint to the leader of the council and your local MP, as they have not updated their records, that is, supposing the execs have taken the necessary steps.

 

You should not be suffering this while you are in the stages of grief so complain, kick, scream, shout - I know this cr*p isn't easy but if you do clout anyone from the council... well - you must know what I am thinking!!! :-D

 

Dons2008

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;) I get you Dons2008!

 

Thank you for your advice. As you have probably read from my other thread, I have no idea what the execs have/haven't done. But that's their problem.

 

Oh well, thats 2 clouts! Anyone else want me to add more for them?! :D

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Its a difficult position for local authorities to be in when it comes to demanding council tax from the ill and recently deceased and they do have the right to collect it but my issue is not so much with the perceived insensitivity of that (life goes on and all that) but more with the actual decision that government encourages councils to take with regard to pouncing on the relatives of the deceased after six months has expired from probate being granted. In that instance the FULL council tax payment is due. It needs to change so that empty properties that are left so by investors, holiday home owners etc are indeed taxed at one rate or other however at least with the homes of the deceased, a longer period should be allowed for the grieving to come to terms with the sorting of finances and putting affairs in order and then selling the property. Six month is NOT long enough to get over the emotional effects of a death, market a home for sale (particularly at present) and for the conveyancing part of the transaction to conclude. This should be recognised and made an exceptional circumstance...

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Incidentally, things are set to get worse with teh latest round of government spending cuts to councils. My local Council is losing £1 million over the next three years that it would previously have received. The result? Higher local council tax in ADDITION to all of Mr Browns other ONE HUNDRED or so tax rises since 1997. He needs to go....

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:-x :-x :-x FUMING..

 

My local council (one of the richest boroughs in the country - and its not something I'm proud of!!) offers in excess of 23k for a part time admin asistant... Meanwhile there's no police on the streets to come round and investigate my friend's two children's complaint of a man in a black jeep taking pictures of the kids playing on the green outside our houses.... Plenty of Mini-Roundabouts and new street name-signs going up though... No bin collections for 3 weeks since before christmas... Plenty of 'Safety Cameras' hidden along the main road behind bushes generating millions in revenue... Bugs in our wheely bins monitoring the amount of rubbish we deposit weekly. Lots of new shiny different coloured wheely bins - one for plastic, one for paper, one for glass... **"The brown ones make the best go-karts" I heard from some chav kids outside Tesco looking 'hard' drinking Carling - an hour later they set fire to Tesco's bin and f'd up the cash machine beside it - to this day the Police still don't know who did it, apparently the local squad car was parked in KFC carpark (on a break) a mile away when the shout went in..

 

 

RRRRRRRR:evil:

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Lula.... I would have gone for it myself (and it was a jobshare too!) as it was perfect for fitting around my son's school hours... That just gives you some idea of what a crazy council we pay nearly 2,000.00 a year in C/Tax to.

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The upshot of it all though................

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

 

Cheap Go-Karts....

 

(Sorry, sorry... !! I know I've gone completely off-thread but I couldn't resist an ironic attempt at a joke on the brown wheely bins..!)

 

Let's get back on-topic... (lol)

D xx

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