Transfer of ownership of car after death of owner

[wilbobob]

Moderator Message:
Moved to the Legal Board with shadow left on Cars etc board.

My unmarried brother died 10 days ago, and between his siblings, his heirs, we have agreed that my sister will take his car as part of her inheritance, and straight away pass it to her daughter as a gift.
This seems to be a simple process other than the fact that the gov.uk gives no guidance as to who can can send the V5 to the DVLA. I assumed it could be anyone, but in a spirit of co-operation I asked the appointed executor who said he should.
Today my sister has had a conversation with the executors secretary who has said that he can't act until probate is granted, which could be months with an untaxed and uninsured vehicle on the road outside his home.
Anybody been here before? Who gets to pay the fines? The executor or the estate?

[kempiejon]

There's a page here. https://www.gov.uk/tell-dvla-about-bere ... he-vehicle you might be able to dodge the executor.

[wilbobob]

Thanks Kemplejon, I've seen that page.
My thinking was that the value of a car can be significant, and the guidance on the gov.uk site suggests that whoever gets to the V5 first gets to bag the right to register it in their name. Hence involving the executor to keep things on a more open and equitable basis.
I'll have an argument with the executor later and encourage him to act faster than a glacier

[swill453]

Will the executor let the sister take the car away now? It should be possible to insure a car that you own but that isn't registered in your name, though it might be more expensive.

Scott.

[9873210]

I may be missing something here but a literal reading could leave the freshly widowed with the choice of being stranded in the hospital parking lot or becoming a criminal. Is the law really that callous?

[Lootman]

Will the executor let the sister take the car away now? It should be possible to insure a car that you own but that isn't registered in your name, though it might be more expensive.

You can insure anything that you have an "insurable interest" in. That sounds a bit like a tautology but I believe it would apply in this case, since there is an exposure to a beneficiary of the asset.

When my father died 30 years ago, he had just purchased a new car, literally a week or two before his sudden death. I rang the car dealer to ask them about options and they very kindly agreed to take the car back for what he paid for it, less the unavoidable one-off costs.

Since my mother could not drive, I was greatly relieved.

[Maroochydore]

I may be missing something here but a literal reading could leave the freshly widowed with the choice of being stranded in the hospital parking lot or becoming a criminal. Is the law really that callous?

If you're talking about the OP's case you are missing something. He states his brother wasn't married.

As a generality you're right, I don't know whether it's callous or stupid.

[didds]

When my FiL dies, my MiL was no longer driving. She said her daughetr, my wife cold have the car. The issue here was insurance - but the insures added her to FiLs insuerance for something liek a week so she cold drive it back to our from theirs - 150 miles. then she did the V5, and insurted and teaxed it ion her name.

IANAL but frankly the existur sounds like some sort of stuffy busybody. Nobody is disputing who will end up with the car claerkly. So get a decent estimation of its vale - private 2nd hand sale oprice say from autotrader etc and just get on with life.

didds

[wilbobob]

Yes Didds, we all know where the car is going. And I was expecting better of the executor. In the case of your father-in-law your mother-in-law could say that the daughter could take it. MiL would have inherited all FiL's property. My brother was single so while his siblings inherit equally, none of us have more rights than the others to make the decision. That lies with the sole executor.
In retrospect we should have done the paperwork and told him afterwards. Next time my brother dies we'll know better.
I'll report in when it's all resolved

[didds]

Hi wilbobob - if my post appeared a criticism of you and your family, it was not intended as such. I feel your frustration, and understand it entirely.

Hope the rest of the dealings with the executor are less problematic, and my commisserations for your loss.

didds

[scrumpyjack]

The implication of the OP's post is that the executor is a solicitor. I have to say IMO if you have any half sensible family members it is better to make them executors rather than an outside professional. They can seek advice or help where they need to, and can ensure they only accept competitive prices for such help. Once you have appointed a professional firm or bank as executor your estate is very much exposed to them charging what they like and not taking a practical helpful attitude to dealing with matters like this.

[wilbobob]

Didds - No offence taken, and your post didn't imply criticism

Scrumpyjack - Thank you. I'll let my brother know next time I see him

[chas49]

Moderator Message:
A gentle reminder to all to please note the original question, and the circumstances. Advice about what could possibly have been done in the past doesn't really help in my opinion. Thanks (chas49)

[wilbobob]

Thank goodness that seems to be sorted now. The executor has agreed to return the V5 so we can get it taxed and insured.
It's amazing that there seems to be no control over who has entitlement to take over ownership, but I suppose DVLA would say that isn't their problem as long as the tax is paid.
Thanks to the board for the safe space for a fume
Bob

[swill453]

Thank goodness that seems to be sorted now. The executor has agreed to return the V5 so we can get it taxed and insured.
It's amazing that there seems to be no control over who has entitlement to take over ownership, but I suppose DVLA would say that isn't their problem as long as the tax is paid.

The V5 doesn't indicate ownership, only who is the registered keeper.

Scott.

[stewamax]

The V5 doesn't indicate ownership, only who is the registered keeper

which is the overriding and salient point of this thread.
The executor assigns ownership (unless he sell it beforehand) when the estate is distributed after probate, but the registered keeper is the individual that the State visits in the first instance for any matter concerning legal usage of the car.

[Clitheroekid]

Today my sister has had a conversation with the executors secretary who has said that he can't act until probate is granted, which could be months with an untaxed and uninsured vehicle on the road outside his home.

Secretaries should stick to secretarial work rather than handing out incorrect legal advice.

An executor’s authority derives from the Will itself, not from the Grant of Probate. Consequently, the executor is perfectly capable of passing legal title to the car.

If the executor is indeed a solicitor he should have known this, but perhaps he relies on his secretary for legal advice.

[wilbobob]

I'll defend the secretary. Sister reported what she'd heard. Secretary told me what she'd said. They weren't the same. Sister had a firm hold on the wrong end of the stick. Talking to the executor was fine and amicable.