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DB in a pickle over inherited property from uncle

8 replies

Longdistance · 23/02/2020 15:54

I wonder if anyone legal could advise. I’m not here for opinions on the situation just legal advice. DB will speak with a solicitor tomorrow, but I’m curious.

So, in 2007 my uncle passed away, and he was adamant he made a will and left it to dB. He didn’t want to leave it to the family abroad as he actually despised them and their behaviour ( he was no angel himself) anyway, he was taken to hospital and told my dB if anything happens he’s to sort the house and it’s his, here are the keys, I’ve made a will. All good so far.
Well, he passed a few days later of a major stroke. It was all up in the air, and we dealt with all his affairs, but lo and behold couldn’t find the will. We contacted all the solicitors to see if they had a copy but no join. The worst part was looking through his belongings to look for his will whilst finding illegal drugs Blush
So we appointed a solicitor to sort this out. In the meantime all the relatives who couldn’t give a crap about him came out of the woodwork trying to claim on his estate. DB held his own, the property became intestate and a caveat was put on it. We waited and waited to hear what was happening but nothing from the solicitors, lots of ‘we’ll get back to you blah, blah’. We left it empty and had a few letters from various utility companies. All bills paid, told them property is empty. Didn’t hear anything.
Then, at one point we went to the property and the water meter, gas/electric meter is missing. Also, someone has removed the bath/sink/loo Confused
Ok, so someone accessed the property, no letter left or communication on this and they knew dB was the contact.
Now, the council have written and said, now dB is the official owner of the property, they have backdated the council tax by 7 years. Bearing in mind the solicitor hasn’t informed him and hasn’t got back to dB this was a shock.
We’re now going there next weekend to tidy up and get an EA around as this house has been a complete millstone around everyone’s necks and when df was alive it was a stress for him too.
If my dB knew this he would have got rid of it ASAP which we’re doing now.
Any advice on the council tax situation is most appreciated.
🤦🏼‍♀️

OP posts:
user1494050295 · 23/02/2020 16:16

They do this in my borough. I inherited a property and was liable for ct despite probate not granted until a few months later. When I asked why the response was “blame the Lib Dem councillors” who voted this in. It was to curtail people with lots of properties and not renting them out. Anyway I did pay but it was only a few months. What you could do is argue the single/no occupancy aspect. And if push comes to shove then pay it back at your convenience over a longer period. Also check the property was in the right ct band. I disputed mine and received a back payment covering 13 years. So if the property should be banded lower you could argue the amount is less to pay

Longdistance · 23/02/2020 17:09

Thanks for the reply.

The property is a tax band B or C I think and seems correct for a three bed end of terrace. It’s a shame it’s been empty so long as it would make a good family home in a central location to shops, a mainline train station into London and parking for two cars out the back with garage. It makes me sad it hasn’t been used.
Though the utilities have been removed it’s made it uninhabitable, I can’t see how they could ask full ct plus 100% and 50% which is the varying amounts quoted.
If maybe 25k was spent on it, it’d make a lovely home/rental once sorted.
Hmm, I can see another slow process to this 🙄

OP posts:
Namethecat · 23/02/2020 17:19

When I inherited from my parents , the area she lived in have you 6 months grace. After that full council tax.

HollowTalk · 23/02/2020 17:38

I'm interested in how they decided your brother should inherit if there was no Will. Did your uncle have children?

Longdistance · 23/02/2020 19:36

Hi Hollow, sorry to drip feed, he was a bachelor. No dc or wife.

OP posts:
HollowTalk · 23/02/2020 21:17

I'm glad the house went to your brother, if that was what your uncle wanted. I think any debts have to come off the estate before it can be passed on.

StCharlotte · 26/02/2020 22:40

How did the house end up going to your brother if the uncle died intestate? You - and any other siblings and/or cousins - would be equally entitled/liable.

cabbageking · 27/02/2020 00:10

Doesn't mean he owns the house. The Council have seen the registered charge stopping progress and assumed he is the executor. Without a will probate is needed and the estate divided as per the rules. The solicitor has done what was asked and may even have moved on by now. Unless you instructed him to do probate he won't do anything else unless someone expressed a challenge.your hubby is exactly where he was before. The house is not his but Bill's are accruing. He has blocked progress and needs to proceed with probate or the bills will outweigh any inheritance and the house will deteriorate. Surprised you have not had squatters by now.

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