Co-op Probate Gets £4,000 Council Tax Refund for Estate

30 January 2017

Client Situation

Mr H contacted our Probate Advisory team after the death of his mother. He was initially concerned that our Manchester and Bristol offices are a considerable distance from where he lives, but after a meeting at his home with a Co-op Probate Consultant, who provided him with a Fixed Fee Probate quote, Mr H instructed Co-op Legal Services to deal with Probate and administer his late mother's Estate.

How We Helped

During his first conversation with his Probate Case Handler, Mr H mentioned that his mother had spent the last 4 years of her life in a nursing home following a stroke. Her property had not been sold, and Council Tax had been collected from Mrs H's bank account until her death.

Our Probate Case Handler advised Mr H that it was unlikely that his mother should have been paying Council Tax if she was resident in a nursing home. We questioned the Local Authority about this and a Council Tax refund of over £4,000 was recovered for the Estate.

The Land Registry's records showed that the property had been purchased by Mrs H's late husband and that it had not been transferred into Mrs H's name after her husband's death.

Mrs H was the Executor named on her husband's Grant of Probate. Mr H had instructed Co-op to obtain a Grant to his mother's estate under a Power of Attorney, so in order to sell the property, a new Grant to Mrs H's husband's Estate needed to be issued to the Co-op. This was applied for at the same time as the Grant to Mrs H's Estate so that there would not be a delay in completing the sale of the property.

Inheritance Tax (IHT) forms were completed and a claim was made to transfer the unused Inheritance Tax allowance from Mrs H's late husband's Estate.

Mr H was the sole beneficiary of his mother's Will, and wanted to pass some of the Estate to his children and grandchildren. A Deed of Variation was prepared so that his wishes could be carried out without risking Inheritance Tax issues for him.

The Outcome

The Probate and Estate administration process was completed in less than 10 months, to the complete satisfaction of Mr H who commented,

"I have run my own business for over 25 years and I honestly can't remember a single company that I have dealt with over a 10 month period where something hasn't gone wrong or somebody has let me down, so this experience has been unique."

With our Probate Complete Service we take full responsibility for getting the Grant of Probate and dealing with all the Legal, Tax (excluding VAT), Property and Estate Administration affairs*.

*We can also pay all the costs of a Co-op Funeralcare funeral, providing the Estate owns sufficient assets which can be sold in due course to repay our costs.

If someone has died and you need help with probate, contact us:

More articles