Will query

Macca19

Hi all, a related query has come up surrounding this situation. The deceased left a car which, if the situation is sorted out, will become the property of my mother in law but as she does not drive will be sold and the value come into his estate.

The head scratcher is this, The insurance policy runs out on the car in July and my mother in law is not in a position to re-insure it. Do you think it would be acceptable to sell the car without grant of probate being in place but on the basis that the value obtained for the car is put to one side in an account pending the resolution of the situation?

Cheers, Macca

RAS

I would be inclined to get it off the road and SORN it before July?

Unless you can get the rest of the situation sorted in time.

NAR

As an alternative, can the car not be put off road somewhere for a couple of months?

daska

My understanding is that the policy usually ceases on death so is the car actually insured at the moment? Have you confirmed this with the insurance company?

Macca19

It could go on my drive be SORN'd and the Tax be cashed in if need be but then the next ticking clock is the MOT. If the care ends up with no tax, no mot, and no insurance then it becomes a right pain to get it sold hence us wondering about this.

Macca

Macca19

I spoke with the insurer and reported his death and as the policy was paid up in full asked if I could be added as a named driver for the remainder of the policy. We needed to use it on the day of the funeral and had a lot of probate related running around to do. The insurer was fine with that.

I have a car on order for myself which should be here in June, otherwise I would just insure it and maintain it until things are resolved.

Headscratcher for sure.

Macca19

Well things have moved on a touch. My mother in law has received an approach from the deceased's sister's solicitor. Its an interesting but fully expected aporoach. Theres a few porky pies in there, some smoke and mirrors, a lot of imtimidation, and its all wrapped up with an out of court settlement proposal. No surprises whatsoever.

Reading through all the words and looking for fact and evidence i was struggling to find any.

I took my mother in law to see a local solicitor as we needed to step up from my opinion to a pro opinion. The solicitor confirmed that the deceased's will is sound and indeed valid. He also confirmed that he cannot see that the deceased's sister has a case, especially as she was left a substantial beneficiary sum.

Suffice to say the settlement proposal is of no interest to my mother in law.

getmore4less

Selling a car without probate seems to be no problem as long as the buyer is happy.

DVLA will accept just about any signature on the relevent forms.
Don't forget to cancel the driving licence.
We waited and did them both together when the cars were sold.

nearlyrich

No advice re the will but for your peace of mind ref the car you can take a car for MOT as long as you make an appointment, it would need to be insured but you can drive to the MOT garage with no MOT and no tax.

Newly_retired

We sold my father's car, in a similar situation, no tax, no MOT, driven ( under the driver's own insurance) by appointment to a garage who had agreed to buy it - all within a week of his death, before probate. Cash went straight to my mother into the joint account- no problems.