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Looking for legal advice... without prejudice...

 
 
doozy floop
17:33 / 20.12.06
O dear o dear Barbelith, can anyone advise about intestacy laws and procedure in the UK?

Without boring with detail, someone with estranged (and un-contact-able) family has died with limited assets and a council tax debt and I fear that the council (which is notoriously corrupt) might be acting inappropriately/dubiously/illegally in seizing assets, possibly selling them off, much to the horror of friends in the area. What can we do? His property is rented: can we/should we change the locks (with the landlord's blessing)? How do we deal with the stuff that has already been taken? What might be going on??
 
 
■
18:42 / 20.12.06
The first thing that springs to kind is that you could "squat" the property (not really, as you'd have the landlord on your side) which would mean you could change the locks and legally tell anyone who wants to come in to fuck off. beyond that, I really don't know, but I think you could probably bother the council with lots of FOI act requests to find out what the debts are, how much they've raised so far and from what.
 
 
enrieb
19:54 / 20.12.06
I just found some info about it, at this site

UK Debt Advice

What to do about Debt after someone dies

Even when you're dead, you've still got to pay your debts. When someone dies, debts are recoverable from any assets or money left behind. This is known as the "estate". No one else has to pay for the debts unless they are already liable under the terms of the original agreement, eg the debt is in joint names or someone has signed as a guarantor.

COUNCIL TAX & WATER RATES

Water rates would be paid out of any estate, unless someone else lives in the house. A joint occupier will automatically be liable for any arrears, even if their name is not on the bill. They will also be responsible for the ongoing bill.

Council tax liability stops if no one is living in the house. Tell the council as soon as possible. A partner of the person who died will be liable for any council tax arrears, even if their name is not on the bill.

They will also be responsible for the ongoing bill, but will be able to claim a 25% discount if they are the only adult in the house.


and more details here also TheSite.org

Question
As an administrator for an estate that is intestate do I become liable for council tax debt? The local council are saying I have to pay out of my own pocket, rather than wait for the estate to be settled.

Answer
If someone dies, the local authority may write off the debt. There's no specific legislation that covers this process, but local authorities have the right to modify their own standing orders or financial regulations to enable amounts of council tax arrears to be written off, if they aren't recoverable, or if it's uneconomical to pursue the arrears. If someone dies with a small council tax debt, you could try to argue that it would be uneconomical to collect the arrears. You should check the local authority's standing orders to see if they have the power to do this.
 
 
doozy floop
20:08 / 20.12.06
Thanks guys: this is all useful stuff. Nobody knows how big the debt(s) is/are at the moment, but people from the council have just come out of nowhere with keys to the property and removed most of the easily mobile chattels and disappeared into the big blue yonder... and mysteriously valued the estate at exactly the same price as a state cremation, which is odd given that he has a cracking antique grand piano down there worth probably a grand...

We have his pals on side as well as the landlords, so I think a premilinary change of locks may be in order followed by the acquisition of a detailed inventory of what they have removed from the property. There is also a fear that a will may have been found amongst his papers and destroyed: paranoia or reality?

This sucks. A salutory lesson to get in writing (where it can be found by the right people) your will / wishes.
 
  
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