Father died without a will, best way to sell car?
Father died without a will, best way to sell car?
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sosidge

Original Poster:

699 posts

232 months

Yesterday (14:52)
quotequote all
I've been reading lots of articles and looking at the rules of various car buying services and I'm just getting more and more confused about the correct (and most efficient) way to sell my late fathers car.

Currently it is sitting untaxed on my mother's drive (after DVLA were informed via "Tell Us Once") and has a few weeks insurance left (insurer gives 30 days cover after they are informed). The V5C is still in my father's name.

It's worth 25-30k and would be a runner if it was allowed on the road.

My father died intestate (without a will) and this seems to be making things more complicated.

The equivalent of probate for someone who dies without a will is called Letters of Administration. Fortunately my mother is capable of dealing with these affairs, and as surviving spouse she would be the first choice as administrator. We have not yet applied for Letters of Administration - many sources suggest it is not essential in the case of a surviving spouse where many assets were in joint names, all the finance firms have dealt with her without question. I would prefer not to apply for them due to the time and complexity.

However I'm getting mixed information from the car selling sites - Motorway for example say they need Letters of Administration in some FAQs, but also say they are not necessary in others and that a letter from the surviving spouse would be enough!

We spoke to the local dealer and they didn't mention any special requirements but their offer was several thousand lower.

I feel like the car is too valuable for a private sale and we don't want to deal with tyre kickers.

Motorway and Carwow (same service behind the scenes?) say the car needs to be SORN before they will auction it, and I've just read that the DVLA won't SORN a car that is registered to a deceased person (seems like a bit of a Catch-22).

TLDR: What's the best way of selling a relatively valuable car when the owner died intestate and has a surviving spouse?

NiceCupOfTea

25,446 posts

268 months

Yesterday (15:21)
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Sorry for your loss.

I sold my dad's car via Motorway after he died. It was slightly involved as official ownership went to my mum but she doesn't drive any more so we didn't reregister it. DVLA were informed and we got a refund on tax and it was SORNed. I was the executor though and he died with a will.

I think I needed the deed of probate in order to sell it so I'd be surprised if you didn't need something like that. Motorway were good though and the least hassle I've had selling a car for a while. Got a much better price that with WBAC too.

P700DEE

1,166 posts

247 months

Yesterday (15:55)
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As you have found upon the death of the registered owner of a vehicle all insurance and tax is no longer valid. The car needs to be registered to a new owner immediately but DVLA don't chase you. There is no restriction selling a car to Motorway or similar, we did when my Mum passed away. Usual checks, V5, we didn't even have death Certificate at time of sale.

Krikkit

27,572 posts

198 months

Yesterday (16:05)
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Sorry for your loss OP.

I would crack on and get the Letters of Administration - the best price you'll get is by doing it properly, even if it takes a bit longer. Some sellers won't check, but if you're looking for the best return then someone via motorway etc would be the best option. Have a look at laid-up insurance if it takes too long to sort the above, it's surprisingly inexpensive.

alfabeat

1,342 posts

129 months

Yesterday (16:57)
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Can't you transfer the vehicle into your own name, get a new V5 and then sell how you wish? Obviosuly, transfer the funds into the estate account once sold.

From DVLA

"Yes, you can transfer the V5C (logbook) into your name after your dad's death, but you'll need to inform the DVLA first and follow a specific process for selling or keeping the vehicle. You will need to complete the relevant sections of the V5C, send it to the DVLA's Sensitive Casework Team with a letter explaining the situation, and you may need to apply for a new V5C using a form V62 if you don't have the original document. "

732NM

9,033 posts

32 months

Yesterday (17:09)
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The V5C is not a document to show who owns the vehicle, it lists the registered keeper.

The web page that covers this is https://www.gov.uk/tell-dvla-about-bereavement

AddyT.

284 posts

110 months

Yesterday (22:12)
quotequote all
Sorry for your loss OP.

I am not sure about the documentation element but I was speaking to someone a few months ago whose relative had passed away and they needed to sell their V6 F Type. The person I spoke to said they didnt know where to sell it and didn’t want to do it privately and have people turning up all the time to view it…mainly because they weren’t into cars and didn’t know anything about the F Type. I recommended Collecting Cars and a few weeks later it popped up on there and they got a really good price for it. Failing that, as others have said, Motorway.

Jt23

10 posts

13 months

Sorry to hear of your loss, never an easy one to deal with. I went through the same situation quite recently and had a great experience selling with Motorway, they actually had staff with specialist knowledge that were able to help me and it was reassuring to know they understood bereavement sales as I found that lacking with other sites and needed the guidance. If you mention it's a bereavement sale at the start of the call they should put you through to them.

I did find their main website articles a bit confusing but a member of staff told me they were busy updating those and to refer to their help centre instead - they actually have a full section of their customer help centre which just covers bereavement: https://help.motorway.co.uk/hc/en-gb/sections/1483...

You don't need a grant to sell a vehicle even if you're going to apply for one, as a car is classed as petty personal property that can be sold before probate/administration is completed - you only need the grant over a certain value for more significant things like houses, business assets, investments etc

There's also an article here on the requirements for your specific circumstances, they're the same ones i followed. If your mum is the surviving spouse that makes it pretty straightforward and you'll be able to sell.
https://help.motorway.co.uk/hc/en-gb/articles/1532...

Ours didn't need to be SORN, I think that's more of a concern for you from an admin side of things/risk of getting clamped for being untaxed if it's roadside - you could put it into your name to tax or sorn it, but that will add an extra keeper. We did need to mention it was untaxed to make sure the collection was covered on trade plates, but I think all Motorway requires from that perspective is a valid MOT within 30 days or something.