Car was unauthorisedly crushed!!!!

Gavin83

shaun_from_Africa wrote: »

Unless of course, a will states differently.
Even if there wasn't a will problem, any goods and finances left by the deceased still have to go through probate and the surviving spouse can't just grab what they like in the assumption that they now own everything.

So basically if everything belonged to her, she married him but left everything to her children in the will then he wouldn't be entitled to anything that wasn't his? Obviously if you jointly own everything you can't just will everything to someone else, seeing as half of it isn't yours.

stevemLS

Gavin83 wrote: »

So basically if everything belonged to her, she married him but left everything to her children in the will then he wouldn't be entitled to anything that wasn't his? Obviously if you jointly own everything you can't just will everything to someone else, seeing as half of it isn't yours.

It is not as simple as that.

If the will was made before the marriage, the marriage automatically invalidates the will.

If he was financially dependent on him, he is entitled to claim against the estate whether or not a valid will cuts him out.

Probate disputes are notoriously complicated and expensive to resolve.

bris

Car ownership, as stated different to registered keeper, will be very hard to prove with a family car. Other facts need to be considered, who drove it, who insured it was he a named driver.

Op don't pin your hopes on the registered keeper, my wife is the registered keeper on our car but we both very much own it as a family car.

The executor has to sort this, but be careful any action would come from the estate and family disputes can wipe out entire estates.

keyser666

InsideInsurance wrote: »

No you couldnt as you dont own the vehicle and so have not been financially disadvantaged. Your mother in law however could assuming she can prove she is the owner, though realistically does he have the means to pay? You dont want to throw good money after bad.

When did you report the car stolen? When it first was taken or only after you discovered it had been crushed? What was the gap between these two dates?

Where was the car crushed? In an authorised scrap dealer? May be worth looking into what rules they are supposed to follow to ensure the vehicle isnt stolen etc before buying the cars and disposing them. If the motivation is financial rather than vindictive then they are probably more able to afford to settle a claim if there is a possibility of pursuing them

Exactly this,if it was reported stolen before it was crushed then you have no case against the fella but against the entity that crushed it.

pmduk

I reckon you should think long and hard before pursuing this, as it is so easy to invest so much effort and emotional energy into such a "campaign", far more that it justifies in fact.

Poppie68

Why would you want to make the stepdad bankrupt does he owe you money ? You won't be able to make him bankrupt over a car that wasn't really worth anything (from interesting previous posts). As others have said your girlfriend would have to prove ownership to even begin thinking about making a claim for it? Can she prove who purchased it, as in handed over cash or made payments? If she made payments through her bank can your girlfriend prove the stepdad didn't give her money to make the payments. Is it really worth your girlfriends time to pursue this as it really is her business as you only came onto the scene after her mothers death and therefore the car and any monies if owed belong to her.

Poppie68

Just a quick thought, don't you have to prove ownership before a salvage yard will take it off your hands? I know our local one asks for proof.

arcon5

reece240692 wrote: »

The car was in my OH's mum's name, we know where he's living and we have proof of who should have been in possession of that vehicle, we also would like to make him Bankrupt if possible

Assuming the amount is over £750 and you can prove he owes you the money then you can make him bankrupt.....

.... it will cost you £1030 for the privilege though!

And if the OR receives nothing from his estate you get nothing back.

Good luck with that one, bit dramatic though.

Especially since getting sufficient prove may involve getting a court to award you judgement - even though YOU are owed no money.

If it's the deceased mums car then whomever is managing the estate will need to do it and the money will form part of the estate.
But no he owes YOU nothing.

rustyboy21

OP, As said above, You haven't said when your MIL died, whether the estate has gone through probate, whether there was a will left anyway.


If it hasn't gone through probate, then neither of you own the car, the estate of your late MIL does, being managed by the Executors.


So I wouldn't go all out trying to do him damage until the facts are out in the open. It wont have all gone straight to your wife when your MIL died. It has taken 6 months to get my dads name off a lot of the bills for my mum, and she was on as joint name anyway. Never mind the car owner and all the insurances.

daytona0

reece240692 wrote: »

The car was in my OH's mum's name, we know where he's living and we have proof of who should have been in possession of that vehicle, we also would like to make him Bankrupt if possible

Why?

You kicked him out and he took THE car and crushed it into a cube. Sounds like a lot o bad blood going round.... I suspect caused by the issues with the will? I can see the OH's point o view to be honest especially were both parties arguing over ownership o the car. It is likely to be spite in OH's case I suppose...


I think people here need more inormation because at this stage it is hard to tell whether you or the stepdad are in the right. You should probably go to court and legally clear it up (without wanting to do it out o spite as you indicated in bold above).

Should you not legally be entitled to the car then stop being a crank. Should you legally be entitled to the car then sue him 4 the value. It really is that simple!!