partner died cant find log book for car?

priscilla_2

Hi Everyone ,
Im new to this and need some advice.
My partner of 13 years had a heart attack 5 weeks ago and died, just after us returning from holiday, he was 40 years old. His cars mot runs out end august, at moment its sitting in drive as i also cant find log book. The car itself is 12 years old but it is in very good condition . His friend said he thinks the car was registered in his daughters name, why i dont know maybe to save cash or if he had any driving offenses, i dont know !! as she would have only been 16 at the time, relations are not good and we have not seen her for a year and a half as she moved away with her mother............i would like very much to use the car but dont know how to make it legal to drive as i have no paperwork at all for it,what do i do and how do i start? i would also need insurance , what do i do about all this?
I very much hope someone can help!
Thank you in advance for any suggestions

jeannieblue

I think you first of all need to see a solicitor and sort out probate. Until you do, you will not know who owned what, when and where, and hopefully a will was made out.

priscilla_2

no will was made he was not a very organised person at all myself and his parents are just dividing everything up between us......thats why i have the car but dont no what to do with it to get it legal

jeannieblue

This is the point. to make the car legal to you - if you did find the log book (V5 form mainly blue with green on) - and it is in his name, you would still need to go through legal channels for it to be passed on to you.

As you would be the new owner, the previous ownder, your partner, would need to sign part of the V5 to hand it over to you and all forms etc sent off to Swansea. Obviously he can't do that and therefore, you need a solicitor to deal with all of this for you. If the car does turn out to be in his daughters name and she doesn't want it, she would need to fill out the part on the V5 form to hand it over to you.

Must be a really hard time for you. Its not fun at the best of times and when someone passes intestate it makes it harder for those left behind.

flutterbyuk25

Sorry for your loss.

Firstly you should contact DVLA to see if the vehicle was registered in your late partner's name.

You can apply for the logbook yourself using form V62 (or you can get it from Post Office). It will cost £25, and you should enclose a covering letter to explain the circumstances).

If the vehicle was not registered in your late partner's name then you should seek legal advice on the matter, as the logbook/V5C just shows the registered keeper not legal owner.

HTH

x

jeannieblue

I'm sorry to add to all your woes, but if he died without a will, then his next of kin will inherit. That is the law as I understand it. I guess that you were not married?

lechat

this website might help

http://www.taxdisc.direct.gov.uk/EvlPortalApp/application?origin=vnav_bar.jsp&event=bea.portal.framework.internal.refresh&pageid=Vehicle+Enquiry

flutterbyuk25

jeannieblue wrote: »

As you would be the new owner, the previous ownder, your partner, would need to sign part of the V5 to hand it over to you and all forms etc sent off to Swansea. Obviously he can't do that and therefore, you need a solicitor to deal with all of this for you. If the car does turn out to be in his daughters name and she doesn't want it, she would need to fill out the part on the V5 form to hand it over to you.
.

It is not really necessary to involve solicitor or wait for probate if you know how the registered keeper was, as the logbook does not show the owner. It can be transferred to a new registered keeper's name immediately.

A solicitor is advisable if this car was registered to the deceased daughter who the OP is not in contact with as this is a tricky situation and the legal owner would need to be involved.

HTH

x

flutterbyuk25

See here also

x

PasturesNew

I think if he died without a will his daughter will inherit everything he had (on the basis that he isn't still married to his ex). It's not his parents' stuff to be handing out to anybody.

http://www.graysons.co.uk/wills-intestacy.html

jeannieblue

flutterbyuk25 wrote: »

It is not really necessary to involve solicitor or wait for probate if you know how the registered keeper was, as the logbook does not show the owner. It can be transferred to a new registered keeper's name immediately.

A solicitor is advisable if this car was registered to the deceased daughter who the OP is not in contact with as this is a tricky situation and the legal owner would need to be involved.

HTH

x

I worry that if they were not married, then the daughter would rightfully inherit? Not saying that is 'right' just thinking in legal terms.