Can i still sell my dads car ?

getmore4less

deanos wrote: »

Anyone know how we can refund the tax disc, cant seem to find anything in this situation, there is 11 months to claim back, it says we need the details off the V5 on the tax claim form , but they will send a cheque back in my dads name which we wont be able to cash as the accounts will need to be updated in just my mums name

Have the dealer do that and include it in the price if you want the low hassle solution.

BobQ

As others have said strictly you should wait for probate to sell but if you and Mum are the only interested parties nobody is going to challenge this and you are saving money by sorting it. I did the same thing for my mother, she was upset looking out the window and seeing Dad's car.

Legally you are required to ensure the police /DVLA know who is responsible for the vehicle. So another option is to transfer the car to your name as the registered keeper (the DVLA have never claimed that the registered keeper is proof of ownership even if many people think of it in those terms). Then you could sell the car to the dealer explaining you are doing it for the estate .That was what I did.

BTW If you are not on the insurance policy it is worth calling the insurer and getting permission to drive the vehicle on the policy to the dealer.

If the proceeds of the sale are going to your Mum, I suggest you ask the dealer to make the cheque payable to her.

comeandgo

Check the insurance policy, if it's in the name of the deceased then that will have to be changed . My late fathers insurance policy put me on the policy and renamed it the executers of xxxxxxxxx.

antrobus

deanos wrote: »

My dad has died, we were in the process of selling his car to a dealer as he couldn't drive it , just waiting for them to come back with a price , can this still go ahead or do we have to wait for his estate to be sorted, its sat right in front of the house so a constant reminder for mum ( he bought it brand new , but never driven it) and i really want it sorting asap, thanks

Yes, you can go ahead.

If there is a will, and someone else ( a solicitor?) has been appointed as an executor, it would be a good idea to tell them you've sold the car and that your mum has the proceeds. They'll likely be more than happy that you've done so, as you've just saved them a job.

getmore4less wrote: »

The authority comes from the will so you can deal with assets before getting the grant, except those that require it(like property and shares)....

Yes, the process of 'probate' is really only necessary if you need to be able to transfer the legal ownership of assets such as property, shares, or big bank accounts where there is a document of title. The title to chattels like cars can be passed by mere possession.

keep_flyin

I know it's a bit different as we were giving my dads car to a family member, but we were able to just sign it over to my brother without probate (the insurance company also transferred the insurance to him as well).

deanos

Just an update, rang insurance company they cancelled the policy immediately had to take out 7 day temporary cover , garage took the car without problems, they just wanted a copy of the death certificate and the will and issued a cheque in my mums name , very hassle free.

Not heard from DVLA yet though