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#Post#: 62989--------------------------------------------------
Wigan council chasing me for my dead mothers debt of council tax
By: Wildon Date: March 17, 2025, 6:21 pm
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I wonder if someone could help me with what I need to stop Wigan
council chasing me for my deceased mothers debt of council tax.
I am the executor by default and have received the attached
letters from Wigan council. She had no savings and lived in a
council house so no estate or savings to pay off this debt. I
have sent an email after the first letter arrived to tell them
she had died and so they then cancelled the demand for this
year, but still have 2945.27 subject to court proceedings. Many
thanks for any advice.
[attachment deleted by admin]
#Post#: 62993--------------------------------------------------
Re: Wigan council chasing me for my dead mothers debt of council
tax
By: disgruntchelt Date: March 17, 2025, 6:30 pm
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Are you the executor by default? Are you named in her will? If
the deceased had no assets (not even a bank account) and a debt
a date of death and no will you shouldn’t offer to be the
deceased administrator.
#Post#: 63055--------------------------------------------------
Re: Wigan council chasing me for my dead mothers debt of council
tax
By: PallasAthena Date: March 18, 2025, 8:23 am
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The only way to stop them chasing you (which they are doing
presumably because you have told them you are the Executor) is
either to pay the CT bill or to provide them with whatever
evidence they require that there is no money in the Estate to
pay the CT debt. Ask them what they need from you so that they
can write off the debt. When someone dies their debts are not
cancelled, they have to be paid out of their Estate by the
Executors if there is money in the Estate to do that.
If your mother, at the time of her death, owed debts (including
the Council Tax) that were greater than her assets then she has
an "insolvent estate". Have a look at this advice on what
Executors must do if an estate is insolvent. In particular the
order in which debts must be paid.
HTML https://www.bereavementadvice.org/topics/probate-and-legal/insolvent-estates/
Normally when someone dies neither their family nor their
executor are liable for their unpaid debts. But with an
insolvent estate if you don't pay them in the correct legal
order you, as executor, could become personally liable for her
debts. (If you are the legal Executor or Administrator that is -
I don't know what you mean by "executor by default". Did she
leave a Will?)
First priority is to pay funeral and "testamentary expenses".
It sounds like any other debts (such as council tax) will be
"unsecured creditors". Are there any other debts except council
tax? If not, and if any assets of are less value than the CT
amount owing, essentially everything she owned (once you have it
in cash) you have to give to Wigan Council.
This page has template letters that might find useful
HTML https://www.bereavementadvice.org/topics/probate-and-legal/dealing-with-insolvent-estates/
#Post#: 63394--------------------------------------------------
Re: Wigan council chasing me for my dead mothers debt of council
tax
By: d612 Date: March 20, 2025, 7:39 am
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Sorry for your loss....
The standard way of doing this is to write back saying the
deceased had no assets and that you are not accepting any
position of executor (if there is a will) and nor are you
accepting any position of administrator (where there is no
will). the term 'Next of kin' as you are has no legal standing
in terms of dealing with a deceased's estate- ie you have no
legal obligation to do anything.
People or organisations with debts owing to them can if they
wish take on the role of executor/administrator themselves - as
indeed they would be entitled to do having debts owing. In
practice companies just write off the debt at this point.
However you really needed to have done this at first point of
contact - once you start acting as an executor or administrator
by "doing something" then you get into the messy situation of
intermeddling as its called where indeed you have become
embroiled in the mess by default as you put it.
Edit
A property formerely occupied by the sole deceased immediately
post death becomes a Class F Council tax classified property as
I recall which gives the executors 6 months(I think) totally
free of council tax - or until the property is sold/re-let
whatever. Usually the council is informed automatically by the
"tell us once service" which is done at the time the death was
registered. Certainly the last one I did in 2017 the whole thing
was automatic with a letter from the council confirming
exemption and as I recall a small refund for the council tax
paid that month the person died in sent back to the deceased's
bank account.
#Post#: 63400--------------------------------------------------
Re: Wigan council chasing me for my dead mothers debt of council
tax
By: PallasAthena Date: March 20, 2025, 7:51 am
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[quote author=d612 link=topic=5583.msg63394#msg63394
date=1742474384]
Edit
A property formerely occupied by the sole deceased immediately
post death becomes a Class F Coucil tax classified property as I
recall which gives the executors 6 months as I recall totally
free of council tax - or until the proeprty is sold/re-let
whatever.
[/quote]
OP said that it is a council house so presumably his mother's
tenancy was terminated by her death and the property reverts to
Wigan Council and so her Estate has no continuing liability for
CT. The 2024-25 Bill begins with over £3k brought forward so
most of the money Wigan are chasing appears to be several years
of arrears for which they have issued a Summons. Even though the
OP is not personally liable (as next of kin) for the arrears,
doing nothing would risk him having the baliffs on his doorstep
hassling him.
#Post#: 63679--------------------------------------------------
Re: Wigan council chasing me for my dead mothers debt of council
tax
By: Wildon Date: March 21, 2025, 5:17 pm
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Thank you for your responses, looks like a whole minefield ahead
even if I advise of my mothers death, everything needs to be
done in the correct order or I could be held responsible. Such
a stress on top of her death already. What a shame I had no
idea she was in debt but she was suffereing with the big C for
two years before passing so no surprise things weren't always
taken care of
I appreciate all of the help you have given.
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