Reply To: Probate not applied for

#286958
pbirks
Participant

****BUMP! *****

I have a similar case – clmts died died Novemeber 2019 and probate still not applied for…..

Claimt claiming HB atr address A

We were advised by our ctax depat that clmt was now responsible for Ctax at property B as his dad had died and they had requested details of date of death/ probate etc and would let us know
Themn nothing happened for ages –
we eventually terminated HB back to the end of the week dad died as had drawn adverse inference that our clamts share of value of house would be £16k + (The property is in London, an the property next door sold for £640k in 2020)

Customer has appealed the over payment saying he thinks we should only take it into account from date he started renting it out, (about 18 months after his dad died, he got the EPC certs and had re wiring etc done to get it renting out standards)
Our argument is that if he can afford the costs of doing that, he could have afforded to apply for probate.

Im not sure how long it would be reasonable to think probate would take – as reg 46 states we can take the value into account but only from the date on which it could be expected to be acquired were an application made.

Im aware we can draw the adverse inference, but wondering whether we might come unstuck because we’ve applied from as soon as dad died. – Any pointers or advise please?

Also – out ctax docs are not on the same doc imaging system as benefits – if ctax send me copies of correspondence relating the the property from date of dads death, can I legitimately include that in the HB appeal against the overpayment?
Thanks