Death, car, legality
Author
Discussion

foxoles

Original Poster:

140 posts

156 months

Monday 18th December 2017
quotequote all
My Dad died last week, after a months stay in hospital/hospice. I was visiting him by using his car to travel in and back as he wanted me to. I am a named driver on the insurance.
Question is - can I continue to use it until everything - funeral etc is over?
He has left it to me in his will - I'm his executor, but I have yet to obtain probate or inform the DVLA.

Thanks

Ninja59

3,691 posts

142 months

Monday 18th December 2017
quotequote all
https://www.gov.uk/tell-dvla-about-bereavement/kee...

I would not continue using it until legally it is all over to you.

J4CKO

46,874 posts

230 months

Monday 18th December 2017
quotequote all
I think you can as far as insurance is concerned, but best ringing them.

PaulD86

1,842 posts

156 months

Monday 18th December 2017
quotequote all
Sorry to hear about your dad. I also lost my dad this year and inherited his car. I was a named driver on his policy and when I called his insurance, Aviva, they said they would honour the policy for the remainder of it's term for any named driver. The DVLA told me to write to them explaining the circumstances and they would make me registered keeper (although I was taking over the car) - they have a "sensitive case" team you write to. The woman on the phone when I called them implied that for a month or so they wouldn't be bothered so I didn't need to rush per sae. When I got the new V5 I then had to tax it in my name. Hope some of that helps.

Edit to add, I actually posted to say you should call and check with the insurer.

ZOLLAR

19,920 posts

203 months

Monday 18th December 2017
quotequote all
foxoles said:
My Dad died last week, after a months stay in hospital/hospice. I was visiting him by using his car to travel in and back as he wanted me to. I am a named driver on the insurance.
Question is - can I continue to use it until everything - funeral etc is over?
He has left it to me in his will - I'm his executor, but I have yet to obtain probate or inform the DVLA.

Thanks
Sorry for your loss, if you contact the insurance company for the car they will have procedures to deal with this matter so as to allow you to continue use of the car.

Edited by ZOLLAR on Monday 18th December 13:55

Benmac

1,698 posts

246 months

Monday 18th December 2017
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Had a similar situation myself when my dad passed away. My mum didn't want obvious reminders or the hassle of selling it so I took his car away and sold it. I wasn't insured on it but a quick call to the insurers had me added and the circumstances noted. I told them I was planning to just clean it up, service it and sell it but would obviously need to drive it a little to do that.

foxoles

Original Poster:

140 posts

156 months

Monday 18th December 2017
quotequote all
Thanks for all the messages - I now know what I need to do.

anonymous-user

84 months

Monday 18th December 2017
quotequote all
Ninja59 said:
https://www.gov.uk/tell-dvla-about-bereavement/kee...

I would not continue using it until legally it is all over to you.
Just checking - do you appreciate that keeper and owner are not necessarily the same person? It is surprising how many people think that keeper always means owner. In any event, the OP now owns the car - title passed on the sad death of his late father.

S11Steve

6,389 posts

214 months

Monday 18th December 2017
quotequote all
Breadvan72 said:
Just checking - do you appreciate that keeper and owner are not necessarily the same person? It is surprising how many people think that keeper always means owner. In any event, the OP now owns the car - title passed on the sad death of his late father.
Always an interesting conversation to have the parking companies in relation to bye-law 14 parking cases....


As above though, the DVLA have a sensitive casework team to handle the V5 side of things and it is relatively straightforward.

The insurance company will be more time consuming though - they can convert you to the full policyholder for the vehicle but in my experience they wanted a copies of death certificate, and then adjusted the premium accordingly This was a few years back though, so it may have changed

gareth_r

6,754 posts

267 months

Saturday 6th January 2018
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foxoles said:
My Dad died last week, after a months stay in hospital/hospice. I was visiting him by using his car to travel in and back as he wanted me to. I am a named driver on the insurance.
Question is - can I continue to use it until everything - funeral etc is over?
He has left it to me in his will - I'm his executor, but I have yet to obtain probate or inform the DVLA.

Thanks
I had to do this recently.

I was a named driver. I phoned the insurance company who were happy for me to drive the car until it was sold, SORNed, or insured by me as the new keeper.

I notified the relevant government departments using the online "Tell Us Once" service (a reference was provided by the Registrar when the death was registered).

A few weeks later I received two letters from the DVLA. One letter stated that the deceased person was no longer shown as the current keeper of the vehicle, that the remaining months of VED would be refunded, that the vehicle needed to be taxed or SORNed (online, by phone, or at a post office), and that the new keeper's details should be provided online or by sending the V5C to Swansea. The second letter contained a cheque, payable to me, for the VED refund.

I taxed the car using the reference number on the new keeper section of the V5C.

The DVLA were not concerned with the will (in this case, there isn't one) or probate.


I know the DVLA, and government IT generally, gets a lot of stick (often justified), but, in this case, the system worked impeccably.

Matt Cyclone

157 posts

271 months

Saturday 6th January 2018
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Just chipping in, my Dad died mid last year and I had a short window in the country to try and sort as much out as possible for my Mum (I live in the Far East).

I was genuinely surprised at how good almost all of the companies and government departments were at helping me (us) with all our issues. Like most people, we (my Mum and I) had never done anything this before (Dad had always done the details stuff when a close relative had passed away) and hence were relatively clueless as most are, but everyone was patient, helpful and in our case expedited paperwork or similar where required as I had such little time in the UK, and I am including the DVLA in this situation as well!!

As a time in your life where (I feel) that you search out every positive to try and balance the huge negative that has just happened, it did bring a tear or two to my eye to hear people really try to help, rather than hear corporate speak or the like over that 3 week period.

My condolences and I hope that you get all the estate etc issues sorted as easily as possible.

Jeremy-75qq8

1,756 posts

122 months

Saturday 6th January 2018
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My dad just died and we had this issue also for my mother ( named driver ).

Dvla required a change in name. Refunded tax and then we had to re-tax. So that costs a month !

Insurance told us policy was void on death and she could not drive. Got a quote for her. Daft numbers ( no policy in her name for decades ).

Called back original insurer ( can’t remember why ) got hold of a senior person by luck. Could not have been more helpful. They have a policy to continue Cover and then renew widow on the same terms as the old policy with Dad no Claims.

So if you get a “ bad “ answer call back !

ghost83

5,639 posts

220 months

Sunday 7th January 2018
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I have nothing to add to the thread but I’m extremely sorry for your loss and hope you get sorted out ok

zetec

5,219 posts

281 months

Sunday 7th January 2018
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I had almost this exact experience a few years ago. A policeman friend told me that it was a very grey area as you need the vehicles owners permission to drive it. Obviously that cannot be given. As an officer he said he would use discretion, an insurance company may not in the event of an accident.

Squadrone Rosso

3,684 posts

177 months

Sunday 7th January 2018
quotequote all
My Dad died last February. It’s a tough time so I feel for you.

The process via DVLA & my insurance to allow my to drive the car temporarily were excellent.

Sadly, his car only had 500 miles and was a few months old so it was only a matter of storing it at ours until the paperwork came through to allow me to sell it back to the dealership.

Good luck with your resolution.