Registered owner dies - what to do next?

Registered owner dies - what to do next?

Author
Discussion

nia573

Original Poster:

20 posts

169 months

Friday 28th July 2023
quotequote all
Dad passed away 3 weeks ago & I've been trying to sort out the paperwork etc
He was the registered keeper of a golf with a private plate on it.
It's taxed & insured & I'm insured to drive it too.
What do I need to do to put the private number on retention (so I can keep it) & put the old? plates back on the car as it will need to be sold?
Do I inform dvla & will I become the new registered keeper of the car, & then I presume it adds an owner to the history?
It needs a front spring changed too so am I legally allowed to drive it to a garage to get it fixed before selling it?

Thanks for any advice

Deerfoot

5,050 posts

199 months

Friday 28th July 2023
quotequote all
I’m pretty sure DVLA have a bereavement department who by all accounts are pretty helpful.

Sorry for your loss, I lost my Dad suddenly a few years back and know how st things will be for you at the moment.

Malcolm E Boo

238 posts

87 months

keeling54

221 posts

184 months

Friday 28th July 2023
quotequote all
From memory when my dad passed, I sent the log book and death certificate and they transferred it across. Can't remember if I needed a letter from the executor though.

SiRich

7 posts

24 months

Friday 28th July 2023
quotequote all
sorry to hear of his passing - did he leave a will and name executors? My advice below is based on him having one. What about your mum? Take the below with a pinch of salt as im not a legal bod and perhaps speak to an expert but I will give you my recent experience.

you don't need probate (legal power over assets) to deal with the car as long as you are named as a will executor, you can just sell it or swap it into your name or anyone elses.

I received a helpline number to ring for general advice (they told me about the car) they were good people and I had a telephone appointment set up where I could ask anything , let me know if you require the no I will try find tomorrow. I am not sure on the plate part.

Any car sale money or its value is classed as Dads estate for inheritance tax though.

For his house the executors (possibly you again what is in the will ) will need probate to sell.

My Dad passed away this year so have been dealing with all this sort of stuff as an executor, it can be complicated and daunting at first, but as for the car you can just crack on but keep receipts etc if selling. Everything else needs a probate application which takes 16 weeks to go through. I had the log book and swapped into my name to run for a bit while sorting his other assets out.

the-norseman

14,330 posts

186 months

Friday 28th July 2023
quotequote all
Was the insurance under your dads name? if so the car isn't insured anymore.

We called up car insurance about 5 days after my dad had died to tell them and they told us that any driving that was done between his death and the phone call was technically illegal and had we of had an accident then they wouldn't of paid out etc. My mum was a named driver on that insurance but we had to fully change it into her name.

Sheepshanks

37,234 posts

134 months

Friday 28th July 2023
quotequote all
the-norseman said:
Was the insurance under your dads name? if so the car isn't insured anymore.

We called up car insurance about 5 days after my dad had died to tell them and they told us that any driving that was done between his death and the phone call was technically illegal and had we of had an accident then they wouldn't of paid out etc. My mum was a named driver on that insurance but we had to fully change it into her name.
Exactly the same happened when my neighbour died and his son called the insurer. I posted about it here and most people said their late dad’s insurer had said it was fine to carry on using the car.

I imagine many widows in one car families don’t even think about it until the insurance comes up for renewal.

Actual

1,292 posts

121 months

Saturday 29th July 2023
quotequote all
When my dad died I used the Tell Us Once service which is useful for informing many government agencies and this invoked DVLA by letter as follows

Dear Mr XXXXX
Vehicle Registration Numbers: AAA BBB, CCC DDD
Thank you for your recent Tell us once notification. Please accept my condolences on your
loss.
I have amended the vehicle records and can confirm that the late Mr XXXXX is no longer
shown as the current keeper of these vehicles.
Any vehicle tax for these vehicles has now ended and they are no longer taxed. If
applicable, we will automatically issue a refund of vehicle tax for any full remaining
months for AAA BBB. The vehicles should not be kept on a public road.
If you are keeping the vehicles, passing them to a relative or selling them, you must register
the new keeper details with DVLA. You can do this online at www.gov.uk/sold-boughtvehicle
using the vehicle registration certificate (V5C). Or, you can complete the new
keeper section on the V5C and post it to DVLA, Swansea, SA99 1AR. If you do not have
the V5C, you will need to apply for a new one by sending us a completed 'Application for a
vehicle registration certificate' (V62) available from a post office branch, a fee is
applicable. You can download this form at www.gov.uk/dvlaforms
If there's a personalised registration number on any of the vehicles and you intend to sell
them, but wish to keep the personalised registration number. You must apply before they
are sold or transferred or the entitlement to the numbers will be lost. You'll need to submit
a V317 form along with the V5C, a fee of £80, a copy of the death certificate and one of
the following:
- A copy of the probate
- A copy of the will
Letters of administration
- A signed confirmation of executor(s) or next of kin by a solicitor
It should be sent to Personalised Registration, DVLA, Swansea, SA99 IDS.
As vehicle tax is no longer transferable, the new keeper must tax the vehicles before
driving them on the road.
You can tax online at www.gov.uk/vehicle-tax or by phoning 0300 123 4321. You can tax
at a Post Office branch that deals with vehicle tax.
Visit www.postoffice.co.uk/branch-finder or ring 0845 722 3344 for more information.
If the vehicles are to be kept off road, the registered vehicle keeper must tell us by making a
Statutory Off Road Notification (SORN). Only the registered keeper can make a SORN.
You can do this online at www.gov.uk/make-a-sorn by phoning 0300 123 4321 or by
sending us a completed V890 form available from a post office branch. For more
information on SORN go to www.gov.uk/sorn
If you have not already told us about the late Mr XXXXX' driving licence, you will need to
write to DVLA, Swansea, SA99 1AB giving the full name, address and date of birth. Please
also return the driving licence if it is available.
Yours sincerely
Rhian Davies
Vehicle Casework Unit

So for an unspecified time the vehicles had no registered keeper and no tax and no SORN and this could have continued indefinitely for ever and ever.

AlexRS2782

8,327 posts

228 months

Saturday 29th July 2023
quotequote all
Not sure if it helps but there was a similar recent thread, but also asking about insurance.

https://www.pistonheads.com/gassing/topic.asp?h=0&...

The post that will probably be of use in your situation, re the V5, was this one with the .gov link detailing how to update the V5 for sale, etc.

Paulsd said:
First of all, sorry for your loss.

I sorted this out for my MIL after my FIL passed away.

The insurance was already in her name so didn’t need to do that bit.

You probably already know this but there’s an official process for keeper change…

https://www.gov.uk/tell-dvla-about-bereavement/kee...

it’s important to follow this rather than just do the online change of keeper as they’ll refund unused vehicle tax to the original keeper.

nia573

Original Poster:

20 posts

169 months

Saturday 29th July 2023
quotequote all
Thanks for the replies. I'll study the links given & perhaps phone the DVLA bereavement number
The car was registered in dad's name but the insurance was in mine so am I ok to drive it, as currently it's taxed in dad's name?

There was no will so I'm thinking I may have to get a solicitors letter. Mums technically his next of kin but she is in a home with dementia, & myself & my brother are sorting out the paperwork etc

nia573

Original Poster:

20 posts

169 months

Friday 18th August 2023
quotequote all
Just an update on my predicament!
I sent off the v5, with section 6 filled in as me as the new keeper. I signed the bottom of the v5 as the new keeper, & was told to write Deceased under the registered keeper.

For the v317 to put the plate on retention, I filled in section B & filled in the vehicle details, filled in section 3 with my details as the person making the application  & filled in section 4.1 with my name & address as the grantees details.
These were sent in along with the death certificate, £80 transfer fee, & I also wrote a cover note saying that I was the son of the owner, who is now deceased, that there was no will. I also wrote a letter from my mum stating she approved the transfer of the car & plate into my name & got her to sign it

On the gov site it states they also need a solicitors letter confirming who the executors are or next of kin is

Now since there's no will I'm not an executor, & mum is the next of kin  but I don't want the car or plate in her name as she has dementia

The documents were returned yesterday with the letter shown. It's a bit unclear to me.
My solicitor has said they'll write a letter just to say that mum is the next of kin. Would this be enough??
In the letter I've received it states I should write 'executor of (dad's name) & my address' on the v5, but I'm not an executor as I've told them there's no will!

I was thinking that sending the v5 & v317 at the same time would be less hassle, but thinking again, could I have done it another way? If I'd have just filled In the v5 with me as the new keeper, sent it off then just waited for the v5 to come back, would I now be the owner of the car & number? Could I then just put the number on retention, or would they still ask for a will or solicitors letter again?
Or could I have sold it to a mate so he'd be the new owner & I'd get him to put the number on retention?
Surely the DVLA have been through this with other people who don't have wills. I've phoned up the DVLA & done what they recommended but now I'll be waiting another 3 weeks & hoping I've done the right thing.
I was hoping to put the car up for sale soon so all I was worried about was that the number was kept in the family.



Xcore

1,396 posts

105 months

Friday 18th August 2023
quotequote all
Just send off the v5 transfer it into your name and sorn it then remove the plate.

ridds

8,330 posts

259 months

Friday 18th August 2023
quotequote all
Xcore said:
Just send off the v5 transfer it into your name and sorn it then remove the plate.
Sorry you're in this situation.

tbh, I'd have just done this as well. It's the quick and hassle free route.

2 GKC

2,181 posts

120 months

Friday 18th August 2023
quotequote all
You can do all this online now

nia573

Original Poster:

20 posts

169 months

Friday 18th August 2023
quotequote all
Xcore said:
Just send off the v5 transfer it into your name and sorn it then remove the plate.
If I do this, When I remove the plate will DVLA still be asking for a solicitors letter I wonder.?
I thought I was doing it the 'efficient' way, which the lady on the phone recommended, so I'm a bit peed off, & stressed to say the least!

ridds

8,330 posts

259 months

Sunday 20th August 2023
quotequote all
Can't hurt to try. If it goes through, great.

If it doesn't. You'd have had to have got the letter anyway. So you'd be no worse off.

I doubt the person you're communicating with has anything to do with the processing of change of ownership or VRM transfers.

DKS

1,786 posts

199 months

Monday 21st August 2023
quotequote all
You have the V5, use the reference number from that online to transfer the car into your name.
Then you can do with the car and plate as you wish.

ChrisH72

2,572 posts

67 months

Saturday
quotequote all
Sorry to dredge up an old thread. If OP is still around I'd be keen to know how thus turned out.

Unfortunately I am soon to be in a similar position. My dad is losing his battle with cancer and I will be inheriting his car amongst other things. The car will eventually be sold as I don't need it, but it does have a private plate on it. I'll be executor of his will so am I correct in thinking that when the time comes I just transfer ownership to myself? Does that then allow me to remove the plate before selling the car?

MustangGT

13,199 posts

295 months

Saturday
quotequote all
ChrisH72 said:
Sorry to dredge up an old thread. If OP is still around I'd be keen to know how thus turned out.

Unfortunately I am soon to be in a similar position. My dad is losing his battle with cancer and I will be inheriting his car amongst other things. The car will eventually be sold as I don't need it, but it does have a private plate on it. I'll be executor of his will so am I correct in thinking that when the time comes I just transfer ownership to myself? Does that then allow me to remove the plate before selling the car?
Sorry to hear about your father. Any reason you do not remove the number plate now, and put it on retention with you as nominee? Save any issues later.

Petrus1983

10,414 posts

177 months

Saturday
quotequote all
ChrisH72 said:
Sorry to dredge up an old thread. If OP is still around I'd be keen to know how thus turned out.

Unfortunately I am soon to be in a similar position. My dad is losing his battle with cancer and I will be inheriting his car amongst other things. The car will eventually be sold as I don't need it, but it does have a private plate on it. I'll be executor of his will so am I correct in thinking that when the time comes I just transfer ownership to myself? Does that then allow me to remove the plate before selling the car?
Sorry to hear about your father but can't he just transfer ownership to you now, plate and all?