Death in the family... what to do with the car?
Discussion
Gents
I'm in need of some advice here. Recently an elderly relative passed away leaving amongst many other things, his beloved little Yaris. At the moment, it's fate is undecided however I'm very unsure as to where his death leaves me legally. He was a widower with no family of his own, the nearest relatives being my mother and myself. My Mother's aunt was his wife, so with her passing her wasn't actually directly related... but was if you know what I mean, though I perhaps haven't worded that very well.
Ts it stands, the car is in his name, fully paid for with nothing outstanding and I am a named driver on his insurance. The situation I am in, the tax expires at the end of the month and as yet I'm unsure if I should retax it or declare it SORN and leave it in his garage until the time comes to deal with his house etc. But, my question is... with regards to the legal ownership and insurance, where do I stand?
With his passing, does the insurance immediately become null and void... hence if for example I drive the car tomorrow would the policy be void and thus I'd be doing so illegally and again, if stopped I'd be driving a car registered to somebody who only passed away a short time ago. Again, what are the implications there? Appreciate this happens everyday to people, but it's new to me so what do I need to do to make sure everything is above board?
Thanking you in advance
Davie
I'm in need of some advice here. Recently an elderly relative passed away leaving amongst many other things, his beloved little Yaris. At the moment, it's fate is undecided however I'm very unsure as to where his death leaves me legally. He was a widower with no family of his own, the nearest relatives being my mother and myself. My Mother's aunt was his wife, so with her passing her wasn't actually directly related... but was if you know what I mean, though I perhaps haven't worded that very well.
Ts it stands, the car is in his name, fully paid for with nothing outstanding and I am a named driver on his insurance. The situation I am in, the tax expires at the end of the month and as yet I'm unsure if I should retax it or declare it SORN and leave it in his garage until the time comes to deal with his house etc. But, my question is... with regards to the legal ownership and insurance, where do I stand?
With his passing, does the insurance immediately become null and void... hence if for example I drive the car tomorrow would the policy be void and thus I'd be doing so illegally and again, if stopped I'd be driving a car registered to somebody who only passed away a short time ago. Again, what are the implications there? Appreciate this happens everyday to people, but it's new to me so what do I need to do to make sure everything is above board?
Thanking you in advance
Davie
Contact the insurer too - they tend to treat this as an unusual event event though it's pretty common - and dont let them leave you with no cover, speak to someone higher up
There are a few threads on it too
The gist of it is transfer insurance to the closest relative and ensure youre a named driver
There are a few threads on it too
The gist of it is transfer insurance to the closest relative and ensure youre a named driver
Ok guys, cheers.
Given he only passed away yesterday, as of yet there is no death certificate and so on so until we receive that I assume there's little can be done. The car isn't specifically mentioned in his will, however his estate has been left to my mother and subsequently myself and my sister. In terms of re-registering the car to myself or my mother, this is something we'd rather avoid as ultimately it won't be staying. However short term, I'll contact the insurer and inform them asking if there's a way of keeping the car insured for the next 6 weeks until the policy expires. As for the DVLA, should I inform them of his death... obviously going back to the situation where I/we may be driving it but it's owned/registered to the deceased?
All new to this and yes, did do a search but didn't really find an answer.
Regards
Given he only passed away yesterday, as of yet there is no death certificate and so on so until we receive that I assume there's little can be done. The car isn't specifically mentioned in his will, however his estate has been left to my mother and subsequently myself and my sister. In terms of re-registering the car to myself or my mother, this is something we'd rather avoid as ultimately it won't be staying. However short term, I'll contact the insurer and inform them asking if there's a way of keeping the car insured for the next 6 weeks until the policy expires. As for the DVLA, should I inform them of his death... obviously going back to the situation where I/we may be driving it but it's owned/registered to the deceased?
All new to this and yes, did do a search but didn't really find an answer.
Regards
Davie said:
Ok guys, cheers.
Given he only passed away yesterday, as of yet there is no death certificate and so on so until we receive that I assume there's little can be done. The car isn't specifically mentioned in his will, however his estate has been left to my mother and subsequently myself and my sister. In terms of re-registering the car to myself or my mother, this is something we'd rather avoid as ultimately it won't be staying. However short term, I'll contact the insurer and inform them asking if there's a way of keeping the car insured for the next 6 weeks until the policy expires. As for the DVLA, should I inform them of his death... obviously going back to the situation where I/we may be driving it but it's owned/registered to the deceased?
All new to this and yes, did do a search but didn't really find an answer.
Regards
Sorry to hear for your loss.Given he only passed away yesterday, as of yet there is no death certificate and so on so until we receive that I assume there's little can be done. The car isn't specifically mentioned in his will, however his estate has been left to my mother and subsequently myself and my sister. In terms of re-registering the car to myself or my mother, this is something we'd rather avoid as ultimately it won't be staying. However short term, I'll contact the insurer and inform them asking if there's a way of keeping the car insured for the next 6 weeks until the policy expires. As for the DVLA, should I inform them of his death... obviously going back to the situation where I/we may be driving it but it's owned/registered to the deceased?
All new to this and yes, did do a search but didn't really find an answer.
Regards
But, DONT DRIVE THE CAR yet.
You technically are not insured. I am 99% sure that insurance will lapse if the policyholder dies.
Call the insco and explain and they may be able to insure you instead on a new policy, they may even do something temp for you as a gesture of goodwill.
My Father sadly passed away two years ago before he died he offered his immaculate Honda Areodeck to the family as he was to ill to drive, I was the only one who showed any interest
ok I'll sell it to you for 1p
Unfortunately I had to go back to work overseas and he passed away while i was on my way back home , he made a comment to my mother that he had never been paid for the car !
On my return i went to the bank got a nice shiny new 1p wrote him a letter of thanks and put it in his suit pocket ,
hes buried with that letter and penny
ok I'll sell it to you for 1p
Unfortunately I had to go back to work overseas and he passed away while i was on my way back home , he made a comment to my mother that he had never been paid for the car !
On my return i went to the bank got a nice shiny new 1p wrote him a letter of thanks and put it in his suit pocket ,
hes buried with that letter and penny
JustinP1 said:
Sorry to hear for your loss.
But, DONT DRIVE THE CAR yet.
You technically are not insured. I am 99% sure that insurance will lapse if the policyholder dies.
Call the insco and explain and they may be able to insure you instead on a new policy, they may even do something temp for you as a gesture of goodwill.
Many thanks. Shall give them a ring in the morning, given he was a faithful AA Insurance customer since before I can remember, I'd hope they'll be able to help us in some way, ie offering cover for myself/mother/sister for at least a week or two until we get everything sorted. But, DONT DRIVE THE CAR yet.
You technically are not insured. I am 99% sure that insurance will lapse if the policyholder dies.
Call the insco and explain and they may be able to insure you instead on a new policy, they may even do something temp for you as a gesture of goodwill.
One other thing, keep me right but if my mother was to trade the car in (on the basis that none of us really have any desire to have to sell the car) I assume we would first need to transfer the car into her name or can it be transferred to a dealer with my uncle's name still as the registered keeper?
Sorry for the question, the answer is probably obvious but having one of those weeks...
You need to find out who the executors of the estate are. If it isn't you, then you have no legal authority to do anything with his estate without their say so. If he has left a will, then it is normal for that to say who they executors are.
The executors have a legal responsibility to distribute the estate according to the will, and they will need to sort out getting probate granted if necessary. There is quite a lot of information about that here. Some more information here.
The executors have a legal responsibility to distribute the estate according to the will, and they will need to sort out getting probate granted if necessary. There is quite a lot of information about that here. Some more information here.
My mother is the executor of his estate.
In the past couple of hours, have since discovered the MOT expires on Friday and the tax at the end of the month. Contacted his insurer (The AA) who credit where credit's due, have been very good and are keeping the policy going until it expires in a month, meaning as a named driver I'm still ok to drive it from here. It's booked in for an MOT in the morning so it can then be taxed as I'd rather not leave the car parked up in the garage with no tax/MOT as ultimately, it won't be staying long term.
Thanks for your help gents, the links were most useful.
Appreciated
Davie
In the past couple of hours, have since discovered the MOT expires on Friday and the tax at the end of the month. Contacted his insurer (The AA) who credit where credit's due, have been very good and are keeping the policy going until it expires in a month, meaning as a named driver I'm still ok to drive it from here. It's booked in for an MOT in the morning so it can then be taxed as I'd rather not leave the car parked up in the garage with no tax/MOT as ultimately, it won't be staying long term.
Thanks for your help gents, the links were most useful.
Appreciated
Davie
tank slapper said:
You need to find out who the executors of the estate are. If it isn't you, then you have no legal authority to do anything with his estate without their say so. If he has left a will, then it is normal for that to say who they executors are.
The executors have a legal responsibility to distribute the estate according to the will, and they will need to sort out getting probate granted if necessary. There is quite a lot of information about that here. Some more information here.
This is not the same as being a Registered Keeper. A vehicle cannot remain being registeredThe executors have a legal responsibility to distribute the estate according to the will, and they will need to sort out getting probate granted if necessary. There is quite a lot of information about that here. Some more information here.
to a deceased person whilst probate is completed. Just do what the Government tell you to - it is very simple.
http://www.direct.gov.uk/en/Motoring/DriverLicensi...
rewc said:
This is not the same as being a Registered Keeper. A vehicle cannot remain being registered
to a deceased person whilst probate is completed. Just do what the Government tell you to - it is very simple.
http://www.direct.gov.uk/en/Motoring/DriverLicensi...
Hi there. Good advice however I'm unsure how quickly this would need done? At the moment, we're neither keeping nor selling the car... but do we still need to re-register it in my Mum's name or mine, or can we wait a couple of weeks? The website states we should do it as soon as possible, but I assume that does allow for a respectable time period, ie whilst waiting for the report from the Proscurator Fiscal and so on? to a deceased person whilst probate is completed. Just do what the Government tell you to - it is very simple.
http://www.direct.gov.uk/en/Motoring/DriverLicensi...
Regards, it's in for an MOT tomorrow as I don't want to end up with a car sitting with no tax, MOT or insurance... regards of what it's fate is, thought at the moment it's looking like it'll be getting sold privately as nobody int he family wants it and nor are any of us buying a car from a dealer in the next month of so.
Best regards
DBSV8 said:
My Father sadly passed away two years ago before he died he offered his immaculate Honda Areodeck to the family as he was to ill to drive, I was the only one who showed any interest
ok I'll sell it to you for 1p
Unfortunately I had to go back to work overseas and he passed away while i was on my way back home , he made a comment to my mother that he had never been paid for the car !
On my return i went to the bank got a nice shiny new 1p wrote him a letter of thanks and put it in his suit pocket ,
hes buried with that letter and penny
Surely I can't be the only one to get a tear ?ok I'll sell it to you for 1p
Unfortunately I had to go back to work overseas and he passed away while i was on my way back home , he made a comment to my mother that he had never been paid for the car !
On my return i went to the bank got a nice shiny new 1p wrote him a letter of thanks and put it in his suit pocket ,
hes buried with that letter and penny
Davie said:
Hi there. Good advice however I'm unsure how quickly this would need done? At the moment, we're neither keeping nor selling the car... but do we still need to re-register it in my Mum's name or mine, or can we wait a couple of weeks? The website states we should do it as soon as possible, but I assume that does allow for a respectable time period, ie whilst waiting for the report from the Proscurator Fiscal and so on?
Regards, it's in for an MOT tomorrow as I don't want to end up with a car sitting with no tax, MOT or insurance... regards of what it's fate is, thought at the moment it's looking like it'll be getting sold privately as nobody int he family wants it and nor are any of us buying a car from a dealer in the next month of so.
Best regards
You can register in your name or your Mums,it makes no difference to who actually owns the car. You have to tell DVLA why it is being registered in whoevers name you decide. Your Mum for example may not drive so it needs to be in your name. Do it as soon as possible but not if your going to sell it shortly.Regards, it's in for an MOT tomorrow as I don't want to end up with a car sitting with no tax, MOT or insurance... regards of what it's fate is, thought at the moment it's looking like it'll be getting sold privately as nobody int he family wants it and nor are any of us buying a car from a dealer in the next month of so.
Best regards
The link tells you what to do if it is sold: 'How to tell DVLA you’re selling the vehicle'. Note you do not have to register it in your [or your Mum's] name prior to selling it.
Edited by rewc on Thursday 24th March 21:16
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