Selling a car - owner deceased...

[PaulW21781]

Just after a quick pointer.

Got a car which I'm going to be selling next week (well, advertising to sell). It was my nan's but she passed away in November '07, and its been sat in the garage since (Still taxed and MOT'd). My grandad has his own car so we all agree that my nans one is to be sold.

Now, the car is still in my nans name, so what are the legalities in selling it as is? To be honest it would just be a complete waste of time (in my opinion) re-registering the car in either mine or my grandfathers name before selling, as it will put the owner count up one (depreciating the value further) and also just waste time which could be used selling it.

Cheers

[TPS]

The registered keeper on the V5 is not necessarily the legal owner it is just the registered keeper.

[PaulW21781]

yeah that was my understanding, I just wasn't sure if the registered keeper was still the only person who was able to sell the car, not the legal owner of sorts.

[TPS]

If you look on the V5 under section 5 headed registered keeper it says in small print c,4,c-the registered keeper is not necessarily the legal owner.
So if her husband was the legal owner and it was just registered in her name he would be ok to sell it.If not is the car left to anyone in a will.

[Piglet]

The car needs to be sold by whoever has the power to act with your Nan's estate, that will be the executors if there is a will or the Administrators if no will. In reality it's probably your grandfather.

Talk to him about what he's done with other things he's had to deal with.

[paoloh]

Hold on one minute, It would all depend if the vehicle is in probate. ( in a will ) If not, sell it, if it is, you are committing theft.

[Chrispy Porker]

I would have thought that until the legal probate business has been sorted out it would be wise not to sell the car.

[s2art]

paoloh said:

Hold on one minute, It would all depend if the vehicle is in probate. ( in a will ) If not, sell it, if it is, you are committing theft.

Cars are chattels, they go straight to the surviving spouse, not into the estate.

[Chrispy Porker]

You learn something everyday!
What on earth is a 'chattel'?

[paoloh]

s2art said:

paoloh said:

Hold on one minute, It would all depend if the vehicle is in probate. ( in a will ) If not, sell it, if it is, you are committing theft.

Cars are chattels, they go straight to the surviving spouse, not into the estate.

Not always the case! Classic cars etc and would also depend on will stated.
Would also depend on "whom" the actual owner was.

[Ean218]

s2art said:

Cars are chattels, they go straight to the surviving spouse, not into the estate.

Not if the will says otherwise!

[Piglet]

s2art said:

paoloh said:

Hold on one minute, It would all depend if the vehicle is in probate. ( in a will ) If not, sell it, if it is, you are committing theft.

Cars are chattels, they go straight to the surviving spouse, not into the estate.

Do you want to quote some source for that?

It's been a while since I touched probate law but AFAIK that's bks.

With a will goods transfer in line with the provisions of the will.

Without a will goods transfer in accordance with the laws of intestacy, which is a surviving spouse (up to a limit IIRC and then to children).

As the OP's Nan died in November and they are now selling I'm assuming they are dealing with probate.

Anyway an executor's powers come from the will and they can act immediately. An Administrator can't act until appointed by whoever now appoints (can't remember what it's now called).

Grandfather needs to be able to show that he has authority to act, either through the will or "letters of administration", assuming he's had to deal with other things to date he will be used to this.

[streaky]

Chrispy Porker said:

You learn something everyday!
What on earth is a 'chattel'?

A chattel is an item of personal property that is not affixed to land or a building - Streaky

[matchmaker]

It's part of her estate and must be included in probate/confirmation. If it's mentioned in her will (if there is one), it must be dealt with according to her wishes. If not, it's up to the executor/s what they do with it. If it's sold, any payment received is part of her estate.

Quite simple.

[paoloh]

The only exception being, if she didn't "own" it.

[matchmaker]

paoloh said:

The only exception being, if she didn't "own" it.

Of course.

[bigdods]

I bought my mother in laws car from her estate after she died, the V5 was signed by the executor.

[s2art]

Ean218 said:

s2art said:

Cars are chattels, they go straight to the surviving spouse, not into the estate.

Not if the will says otherwise!

True. I was assuming the car/chattels were not mentioned in the will. I was thinking of the situation where someone is intestate.

Edited by s2art on Friday 22 February 12:07

[BIG DUNC]

I once bought a car after the owner had died. The car had just sat there for a couple of years. I bought it off the owners girlfriend, who signed the V5 etc. As he had died so long before the sale, I assumed that if anyone had a claim to it, they would have taken it long before I saw it. Anyway, new V5 came from Swansea in my name and I never heard anything else, so all OK. However, if someone had of come along and said it was their inheritence, and not the gf's to sell, I don't suppose I would have had much of a leg to stand on, other than I bought it in good faith. I would have probably chased the gf for my money back. Anyway, it was so long ago, nothing will happen now.