I need to help someone sell a car, the owner has passed away. are we able to sell the car even tho it is still in the owners name ?
I need to help someone sell a car, the owner has passed away. are we able to sell the car even tho it is still in the owners name ?
Last edited by shezz; 2nd July 2014 at 03:39 PM.
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I would think it might be part of the owner's estate, which may need to be settled first. The executor of the estate should know,
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I echo HerMaj. If it is in the deceased's name then it will be part of the estate. Would depend on what is in the will, or if none, then however the rest of the estate is dealt with.
It does not have to go to probate or anything as the deceased had less the x amount of assets, a will was left with everything going to his wife.
There is in fact no estate to deal with, I have/am sorting out everything I can, it is just the car I dont know about, his wife needs to sell it.
Last edited by shezz; 2nd July 2014 at 03:46 PM.
Life is serious but taking it too seriously robs you of
happiness, fun and productivity
Gaining Understanding Among the Heirs
If there is a general understanding among the living heirs of the deceased car owner for you to take possession of the car, you may be able to sell it immediately. This agreement may be predicated, however, on the having the proceeds of the sale distributed equally among the heirs once the sale is completed.
From the link I provided you with.
Whilst people on the eBid Forum always try to be helpful, on matters of the law it is best to get advice from the correct source. My understanding is that it is the law that every change of keeper of a vehicle must be registered with DVLA. Please contact them to make enquiries. If the car is sold without the change in keeper being registered, there might be a technical breach of the law. Would be better to avoid before the event rather than to deal with a problem after the event.
https://www.gov.uk/tell-dvla-about-bereavement/overview
Unless the 'log book' has changed, I believe that the current 'keeper' of the car will need to sign the 'log book' which in this case would be impossible.
However, in the past we have scrapped cars, and couldn't find the log book, and the DVLA have always sent us a 'you are no longer the keeper' letter
I personally feel a quick call to the DVLA would give the answer/s that you need.
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Whatever has been left to the widow is the estate. It is not for an individual to decide that nothing is payable. The Probate office gives a letter of probate after examining everything.
Whoever is acting as executor (if not name it will be a close relative or somebody acting on their behalf) has to fill in the forms (obtainable online) and apply for probate. Once this is done, the executor/executrix goes for interview and letters are granted. You pay for each letter needed; for example you might need one for the bank, one for the DVLA, etc.
I have done this on four occasions over the years, the last time having been 3 years ago. If you need help, PM me. This is the basic source:
http://search2.hmrc.gov.uk/kb5/hmrc/...rd=VKhb2F_R9Q4
I repeat, it is the Probate Office which decides nothing is payable, not the individual even if it is "obvious"!
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