Driving a car belonging to the deceased.

FinanciallyPerplexed

My wife died recently (we were separated but still legally married). Our two elder children are the executors of her estate. Her will divides her assets between three children.

One asset is her car. My children have agreed that it makes sense for me to buy it from them - although I won't be able to do this immediately. Howevermy understanding is that they will only be in a position to sell it to me once confirmation has been completed.

Meantime, however, they would ideally like me to be able to use the car to run them around (they can't drive.) But I've read on this forum that I can't insure the car unless I have an 'insurable interest' - i.e. I am the owner.

Can anyone confirm this? Can anyone think of a way we could insure the car?

It doesn't make much sense to have the car sitting outside the home doing nothing for a few months while the confirmation goes through - it's already been there since October when my wife became ill.

I am also worried about it's current insurance position. It is on a public highway without insurance.

Yorkshireman99

FinanciallyPerplexed wrote: »

My wife died recently (we were separated but still legally married). Our two elder children are the executors of her estate. Her will divides her assets between three children.

One asset is her car. My children have agreed that it makes sense for me to buy it from them - although I won't be able to do this immediately. Howevermy understanding is that they will only be in a position to sell it to me once confirmation has been completed.

Meantime, however, they would ideally like me to be able to use the car to run them around (they can't drive.) But I've read on this forum that I can't insure the car unless I have an 'insurable interest' - i.e. I am the owner.

Can anyone confirm this? Can anyone think of a way we could insure the car?

It doesn't make much sense to have the car sitting outside the home doing nothing for a few months while the confirmation goes through - it's already been there since October when my wife became ill.

I am also worried about it's current insurance position. It is on a public highway without insurance.

It is the executor's responsibilityto arrange insurance as it is on the public highway. The insurance will have lapsed upon death. Untill you are the user or owner steer well clear.

FinanciallyPerplexed

It is the executor's responsibility to arrange insurance as it is on the public highway.

Yes. This we knew.

But...for twenty year old executors without driving licences, this is going to be a tad pricey - if it is possible at all. Plus I'm not clear whether being an executor counts as an insurable interest. (Anyone?)

Anything more constructive than 'steer well clear', anyone? It would be hugely convenient for them, at this difficult time, to have access to Dad's Taxi Service.

pmlindyloo

Was the car specifically left to anyone in the will? If not then I believe that one of the executors can have it registered in their name.

Once this is done then you can apply for insurance in your name.

I think!

This might be useful:

http://theprobatedepartment.co.uk/deal-with-vehicle-after-death/

PasturesNew

I'd say that as the will is cut/dried and straight forward there's no worry about transferring the car to you so long as all three sign to say they're happy for this, then it matches the will, so that's just an item dealt with.

So I'd just get it in your name.

The problems only come when there is a passing round of items/money etc by people whose job it wasn't to do .... where things are in dispute, or no will exists, or there are other problems.

If you have a functional family, who have all agreed that you will buy the car from them, then that's all fine to go ahead.

The law is there in case of disputes - so if somebody else should have had the car, or one of the kids wanted it .... then they have the right to complain and have it all dragged up.

Yours sounds straight forward to me. I'd just get it transferred, with you and them signing a paper about the value/worth and when you will be paying for it.

Yorkshireman99

FinanciallyPerplexed wrote: »

Yes. This we knew.

But...for twenty year old executors without driving licences, this is going to be a tad pricey - if it is possible at all. Plus I'm not clear whether being an executor counts as an insurable interest. (Anyone?)

Anything more constructive than 'steer well clear', anyone? It would be hugely convenient for them, at this difficult time, to have access to Dad's Taxi Service.

I understand th difficulties but that is the law. The executors do have an insurable nterest. If it is registered in your name then it is insurable but once you do that until you actually insure it then you may be liable for any tickets and keeping it on the road without insurance. I am not sure the executors are allowed to transfer the keeper to you until they have probate.

FinanciallyPerplexed

pmlindyloo

That's extremely useful. Thank you. The fact that the DVLA have a Sensitive Casework Team suggests that this is a 'known problem'.

I'm not quite there yet, I fear. The issue is now my children's age and lack of driving licence. Insurance companies will likely laugh in our faces at the thought of insuring them with me as named driver.

The car wasn't left to anyone in the will - assets are a three way split between the children, If we'd already passed through confirmation, it would be no problem - they could simply sell me the car and split the money. But is there a way of doing this while still tangled up in confirmation?

(I'm pretty much thinking that we'll have to come up with an informal arrangement - although doubtless lawyers would advise against).

FinanciallyPerplexed

pasturesnew

I'd say that as the will is cut/dried and straight forward there's no worry about transferring the car to you so long as all three sign to say they're happy for this, then it matches the will, so that's just an item dealt with.

...

The law is there in case of disputes ....

Yeah - I'm sure I'm over-stressing here. But I read something on this forum about insurable interests and I know that insurance companies aren't always the most sane organisations to deal with.

So. The plan is:
- I give my children an IOU for the car
- I fill out the V5, making me the registered keeper
- I insure
- I pay my children shortly, when I can
- They include the money instead in the estate and distribute (between themselves) following confirmation.

Sorted!

pmlindyloo

FinanciallyPerplexed wrote: »

pmlindyloo

That's extremely useful. Thank you. The fact that the DVLA have a Sensitive Casework Team suggests that this is a 'known problem'.

I'm not quite there yet, I fear. The issue is now my children's age and lack of driving licence. Insurance companies will likely laugh in our faces at the thought of insuring them with me as named driver.

The car wasn't left to anyone in the will - assets are a three way split between the children, If we'd already passed through confirmation, it would be no problem - they could simply sell me the car and split the money. But is there a way of doing this while still tangled up in confirmation?

(I'm pretty much thinking that we'll have to come up with an informal arrangement - although doubtless lawyers would advise against).

According to this link:

https://bereavementadvice.org/topics/registering-a-death-and-informing-others/what-to-do-with-a-car

you do not have to wait until probate has been granted. So, the executors can sell the car to you now and you can then follow the previous link about how to do this.

You could draw up an agreement with the beneficiaries about when you will pay/how much etc and get them to sign it.

FinanciallyPerplexed

Thanks again. Constructive advice indeed.

[Deleted User]

When my father died, the CIS gave me a temporary insurance for a few weeks. I was the inheritor of the car but not the executor, and was unable to sell it until probate was granted, so I insured it so that I could drive it in the mean time.