Selling deceased's car before probate is issued

marcusjames

Hoping someone can offer advice as I'm receiving conflicting input from the solicitor.


My father recently died and I would ideally like to sell his car. It is currently insured but remains unused in his garage. The solicitor said it could be sold so long as the funds go into my father's bank account. However, he's not saying to hold fire.


Does anyone know if I'm able to sell it to stop the ongoing relating bills? I assume HMRC would be able to assess the realised sale price against the market price for similar vehicles etc.


Thanks

Brynsam

marcusjames wrote: »

MThe solicitor said it could be sold so long as the funds go into my father's bank account. However, he's not saying to hold fire.

What's conflicting about the advice the solicitor is giving? Sell, put funds in father's bank account, no need to hold fire.

If you think that's conflicting (and I genuinely can't see why), go back to the solicitor and ask him to reconfirm.

konark

If you are the executor named in the will you can sell your father's car as long as it is not specifically bequeathed to another person in his will.


Technically you should inform DVLA of the death, they will then register the car in your name so you can sell it.

SevenOfNine

Brynsam wrote: »

What's conflicting about the advice the solicitor is giving? Sell, put funds in father's bank account, no need to hold fire.

Exactly. Husband did precisely that, as sole executor & we were beneficiaries.

marcusjames

Brynsam wrote: »

What's conflicting about the advice the solicitor is giving? Sell, put funds in father's bank account, no need to hold fire.

If you think that's conflicting (and I genuinely can't see why), go back to the solicitor and ask him to reconfirm.

Sorry, typo.


Should read "However, he's now saying to hold fire."



Thanks for comments.

Yorkshireman99

marcusjames wrote: »

Sorry, typo.


Should read "However, he's now saying to hold fire."



Thanks for comments.

Waiting will simply lower the price. The solicitor is being silly!

Keep_pedalling

You don’t have to wait until you get probate to sell the car or any other of his chattels. Surely his bank accounts have all been frozen so you need to pay it into an executors account.

HMRC are not going to query the value the car makes if sold on the open market.

Brynsam

Keep_pedalling wrote: »

You don’t have to wait until you get probate to sell the car or any other of his chattels. Surely his bank accounts have all been frozen so you need to pay it into an executors account.

HMRC are not going to query the value the car makes if sold on the open market.

Many bank accounts accept payments in, even after being told of the death. HSBC certainly does!

Have you asked the solicitor why holding fire is going to be of benefit to the beneficiaries?

t0rt0ise

When I was executor we were told we couldn't sell anything before probate was received. If you could sell a car what's stopping you selling everything else including the house?

getmore4less

Technically an executor can deal before probate as the powers come from the will.

An administrator should wait.

In practice the bottom line is no one checks this stuff so it is up to the interested parties to assess the situation.

For a car(and other stuff) if no one wants it and the is no one to complain(you are the admin and sole beneficiary) or likely to kick off(other beneficiary) you might as well get on with the job

DVLA will not care or check what's going on, traders know what to do and a private buyer might query but still buy.
you have the car a V% and a death cert on the V% you can just sign the transfer as yourself, say owner deceased.

With houses you can get as far as exchange of contract most buyers won't go past that anyway and you can't complete till probate even if an executor.

elsien

Who is the executor, you or the solicitor?