Advice On A Car I May Be Buying

[mphJ]

Was in talks with someone about buying his car but unfortunately he has passed away a few days ago, I got a message from his daughter saying the car is still for sale if I want to buy it, i'm assuming the car would be left to his family anyway but what if it's not ? I don't want a situation where I buy the car then a few months down the line find out the car was left to someone else and it wasn't hers to sell etc and they come chasing me for it ?

The car is well known and the guy was well known in the club circles so I have no doubt it's genuine

Thanks

[datum77]

The only problem that may rear it's head later on is if it becomes the subject of some probate order. I doubt very much, though, that if that situation did arise in the months to come, that anyone could 'snatch the car back from you'. You bought it in good faith and any legalities that come to light - after the event, are not of your concern.
Just using my common sense. A little used trait these days.......

[peterg1955]

The executor of this person's estate (quite possibly his daughter but it might equally be a solicitor) should obtain a Grant of Probate before any assets can be sold off, depending on the complexity of the estate this could take from a few days to several months.

I would contact the daughter telling her you're still interested and ask her who is dealing with the probate.

[mphJ]

Thanks, I have asked her the question and see what she comes back with

[mphJ]

She's unsure either so they are going to look into it

[TooMany2cvs]

You need to deal with the executor of his will. They're the person legally responsible for sorting his estate - all the stuff he left - out. If his will explicitly leaves the car to somebody, that takes priority, and the executor will know if it does or doesn't. Otherwise, it's the executor's responsibility to sort it all out as they see fit, with the aim of maximising the return for the beneficiaries, according to the will. The executor certainly can sell anything - jewellery, houses, cars, whatever - within those parameters.

Until the executor closes the will down by distributing the assets, the car is nobody else's to sell.

[mphJ]

Just an update, I got an Email from his daughter saying that they've seen the will and it doesn't specifically mention the car, it just says that all he owns goes to his wife, so does that mean it still has to go through the probate process?

[TooMany2cvs]

mphJ said:

Just an update, I got an Email from his daughter saying that they've seen the will and it doesn't specifically mention the car, it just says that all he owns goes to his wife, so does that mean it still has to go through the probate process?

Yes, but it's trivially easy. Is the exec the wife, or the daughter?

[V8forweekends]

Slightly off topic - if you are making a will DO NOT make a solicitor an executor if there is any way to avoid it.