proof of ownership

Ap_hazard_42

badmemory wrote: »

I suspect we can assume that the mother is not the other executor. Perhaps that should be rephrased to we hope that the mother is not the other executor!

Hi
The mother is not an executor. The executors are the ladies sister and brother in law. I am helping the sister with this situation by making this enquiry on MSE. Thank you

Yorkshireman99

Ap_hazard_42 wrote: »

Hi
The mother is not an executor. The executors are the ladies sister and brother in law. I am helping the sister with this situation by making this enquiry on MSE. Thank you

The executors need to remember that their first duty is to carry out the will without favouring anyone.

Ap_hazard_42

To fully unserstand with the info given above:
The mum needs to prove ownership with a bank statement or simular, or the deseased account needs checking for a deposite for the amount stated. I guess the mum might need to prove the signatures using an expert.
Or the estate sells the car and places the money in trust for the children and if the mum wants to she takes the executors to court personally. Is that correct? Thank you once again for your help

Margot123

Ap_hazard_42 wrote: »

To fully unserstand with the info given above:
The mum needs to prove ownership with a bank statement or simular, or the deseased account needs checking for a deposite for the amount stated. I guess the mum might need to prove the signatures using an expert.
Or the estate sells the car and places the money in trust for the children and if the mum wants to she takes the executors to court personally. Is that correct? Thank you once again for your help

Unless the bank statement explicitly mentions the car registration, it could be payment for anything.

As I have previously said, although you may not have read it, ownership is normally decided in court by who pays the insurance. Are there any documents showing where the payment for that was made from?

Keep_pedalling

Margot123 wrote: »

Unless the bank statement explicitly mentions the car registration, it could be payment for anything.

As I have previously said, although you may not have read it, ownership is normally decided in court by who pays the insurance. Are there any documents showing where the payment for that was made from?

I don’t think that is the case, insurance would normally be in the name of the main driver, who is not nessarily the owner. Someone who does not drive can own a car, but they can’t insure it.

Ap_hazard_42

Margot123 wrote: »

It is normally the person who pays the insurance (and has the documentary evidence to prove it) on a vehicle who is deemed to be the owner.

The insurance was paid monthly by the deseased. The receipt that the mum has written says:

payment for a ..................... ........ reg no.
paid in full
£800.00 CASH
sold as seen
To the deseased (her name)

I (mums name) remain the owner of car but allow (deseased name) to remain registerd keeper for insurance and tax reasons only.

Signed by mum
then signed by daughter

So the written receipt is no good Margott123?
Thanks

Ap_hazard_42

Margot123 wrote: »

Unless the bank statement explicitly mentions the car registration, it could be payment for anything.

As I have previously said, although you may not have read it, ownership is normally decided in court by who pays the insurance. Are there any documents showing where the payment for that was made from?

The deseased paid for insurance, payment came out of her account on a monthly direct debit.
Thanks

Margot123

This bit could be very difficult to explain........"I (mums name) remain the owner of car but allow (deseased name) to remain registerd keeper for insurance and tax reasons only."
Why was that done? Also, why was it even a thought at the time of purchase?

All seems quite odd to me.

Yorkshireman99

Ap_hazard_42 wrote: »

The deseased paid for insurance, payment came out of her account on a monthly direct debit.
Thanks

That effectively proves the deceased was the owner. The claim from anyone else fails.

esuhl

Yorkshireman99 wrote: »

That effectively proves the deceased was the owner. The claim from anyone else fails.

So... if a friend lent me his car, and I paid to insure it, I'd end up owning the car...?