Part of "Dog's" estate is a car, can a beneficiary use it before probate?

John_Pierpoint

Here is an interesting little sub plot in the estate of "Dog", who died recently.
The core of Dog's will is explained here:
.http://forums.moneysavingexpert.com/showthread.html?t=1164505

However there are a few personal bequests.
One reads "I leave my motor car to my niece Kitten" (Kitten is the daughter of the deceased Cat).
When this clause was written, half a dozen or more years ago, it made sense as Kitten had a long daily commute and tended to have problems wearing out the none too reliable old cars she could afford to buy.
However Kitten now has a less stressful job much nearer home.
Kitten has a son Puppy with a young family, who has been offered a promotion that will involve him in a long commute. He can just about manage in the short term with his old motorbike and/or public transport, but with the winter coming on a car would make more sense.
The car is currently parked on my drive on a SORN (ie no tax) and with an MOT that has run out. It is a pensioner's low mileage car: "M" Reg. but only 60K on the clock.
What are the hurdles I would face if we put it back on the road and insure it 3rd party before I get probate and allow Puppy to use it.
I have a nasty feeling that I am its legal keeper and I certainly don't want to risk my own near spotless claims record and licence by having Puppy crashing about the countryside in "my" car?

Savvy_Sue

For this one, it might be worth a call to DVLA. Can't remember if they are open on Saturday mornings or not ...

I'm not sure at what point the car passes to Kitten, but once it is hers she can of course do what she likes with it. I personally would want to avoid insuring it myself, but whoever does so should make sure Puppy is named as the main driver!

Ah, DVLA ARE open on Saturdays! All day, in fact.

localhero

There is the slight risk of the Will not being approved by the Probate Registry, in which case handing the car over now would cause you problems if you need to ask for it back later.

Whilst sympathising with puppy, I think I would be tempted to wait.

If the car was a gift to kitten, then the costs of getting it roadworthy should be borne by kitten or puppy rather than the estate.