Car Promise from Uncle

6Stringer

Hi all

My Uncle, just before he died, said his 2 year old car was left to me. It is not mentioned in his will. I am a beneficiary of his will and the 3 other beneficiaries all agreed with his intention. 2 of the beneficiaries were acting as executors but have now handed probate over to a solicitor due to lack of knowledge re the will.

Will i still receive the car or should i contact the solicitor and inform him of my Uncle's wishes? A new V5 form has been applied for.

At the time the executors said the car would be signed over to me when the new V5 was received.( Original V5 could not be found )

If they do not inform the solicitor of my Uncle's intention (to leave me the car ) then surely the car will be sold on the open market and added to his estate total.Therefore, i lose out on owning the car.

All help appreciated.

Simon

gettingtheresometime

I'm guessing but technically the car forms part of the estate so should go into the 'pot' to be distributed as per the terms of the will.

I think the options open are

A) you receive the car but it's value is deducted from your share of the cash pot

a deed of variation is carried out whereby you get the car & the share of the remainder of the estate is shared as per the will.

6Stringer

Thanks for the super quick reply.

My Uncle's intention was for me to receive the car and also the amount he left me in his will. I think this is a 25% share in the property he left. I have not read the will but he told me this very near to the time of his death.

elsien

If it's not in the will then the executors don't have to do it, regardless of your uncle's verbal wishes at the time.
I suspect that the solicitors will go by the wording of the will because otherwise they are liable if someone complains. Would the other 3 beneficiaries agree tn a variation because if not there's nothing you can do, the will will be executed as written.

6Stringer

I am hoping the 3 other beneficiaries will agree. They have told me that it was my Uncle's intention and they will honour it. All of them are in agreement. All is amicable at the moment. Just worried that if they do not tell the solicitor of my uncle's intention to leave me the car he will not be aware and will not act necessarily.

chesky

The solicitor can only go by what's in the will - how would they know any different. The executors should inform him or her if they all agree to your receiving the car and ask him how to go about it.

Yorkshireman99

6Stringer wrote: »

I am hoping the 3 other beneficiaries will agree. They have told me that it was my Uncle's intention and they will honour it. All of them are in agreement. All is amicable at the moment. Just worried that if they do not tell the solicitor of my uncle's intention to leave me the car he will not be aware and will not act necessarily.

The only way to sort it is for the executors/beneficiaries to tell the solicitor, in writing, ASAP.

getmore4less

What did he actually say?

If he gifted it before death then it is yours.

They only need to tell the solicitors the value of the gift.

the V5 is only the registered keeper and DVLA will change that to anyone with very little supporting docs, a letter from the executor with the death cert is enough.

They could have applied for the new V5 in your name using the V62.
https://www.gov.uk/tell-dvla-about-bereavement
https://www.gov.uk/tell-dvla-about-bereavement/keeping-the-vehicle

Don't forget to tax the vehicle.

Malthusian

getmore4less wrote: »

What did he actually say?

If he gifted it before death then it is yours.

If the OP is right the uncle used the words "left to [the OP]" then that suggests it wasn't gifted before death.

If the other beneficiaries are in agreement this should be a straightforward Deed of Variation. As YM says, they need to inform the solicitor ASAP.

If any of the beneficiaries who lose out by re-directing the car to the OP do not agree to a DOV, the car must be distributed in line with the Will. Whatever the uncle may have said is not relevant. Words are wind.

6Stringer

Thanks for all the replies.

My Uncle told me that after his death his car was mine. He told the other 3 beneficiaries (his partner's children) and their husbands of his intention and they all agreed. 2 of the beneficiaries of his will were acting as executors but have found the will too hard to execute due to life insurance payments and tax. I have spoken several times with them with regards to the car and they are still willing to give me the car, but since probate has been handed to a solicitor to complete i don't know if they have informed him about my Uncle's wishes. I suppose i could ask them outright. I don't want to look like i don't trust them though.

I am concerned that if they do not inform the solicitor then he or she won't know anything about the arrangement.

The V5 was lost and the executor telephoned the DVLA and they said she had to apply for a new V5 in her name and then sign it over to me.

SandraX

6Stringer wrote: »

I am hoping the 3 other beneficiaries will agree. They have told me that it was my Uncle's intention and they will honour it. All of them are in agreement. All is amicable at the moment. Just worried that if they do not tell the solicitor of my uncle's intention to leave me the car he will not be aware and will not act necessarily.

It appears you should be in the clear and as the others appear to honest and sensible, have a polite word in the ear with them, never hurts to do that. But the car will be used to calculate the estate valuve so depnds on what the car is worth as well as the estate, so if there is a difference to your advantage you may have to pay some money.

ATB