Car of an intestate, insolvent estate?

Sea_Shell

If there was a worry (possibility) that a persons intestate estate was going to be insolvent, despite them owning a £7000 car (outright, no finance), and so no one stepped forward to administer the estate, what happens to the car?    Also, it is kept (parked) on a public road. 

Eventually, the insurance would lapse, the tax and MOT would expire, but could no one be held legally liable for it, if no one was administrator?

What can be done, without being classed as having intermeddled?

Would it eventually be classed as abandoned, if reported and be removed/destroyed?

If someone subsequently stepped in to administer the estate (if it had since been established the estate was not insolvent), would it still be the estate that is liable for any fees, fines, or uninsured losses that had occurred, rather than the administrator, for any debts run up against the deceased vehicle in the meantime.

Obviously someone administering the estate, would then arrange insurance/tax/MOT, and its subsequent sale, and have it moved to private off road parking in the meantime.

naedanger

My understanding is basically the same as what you have assumed. The car is abondoned and would eventually be removed for having no valid road tax or insurance, and then disposed of. The estate would be liable for all debts run up against the vehicle. (If it was on private land it would be the landowner's problem.)

There would not be an administrator as far as I am aware.

If someone did step in then they wouldn't be personally liable provided they administered everything correctly. So if they sold the vehicle they would have to ensure they repaid the debts (or part of them) in the correct order. Unless all debts were fully repaid there wouldn't be anything to pay beneficiaries. But some debtors might choose to administer the estate since they might recover part of their debt (but they could not favour their debt over other equally or higher ranking debt).

Sea_Shell

naedanger said:

 (If it was on private land it would be the landowner's problem.)

Thanks for all that.    

Just on one point, above.   

So in those circumstances the car shouldn't be moved (or driven under DoC on someone's policy*) to private land, as this would make the landowner responsible.      (note to self, don't offer for it to be "stored" on our drive!!!)

* also AIUI, driving other cars would only be an option if the underlying insurance on the car itself was still in place?!?, is that correct?   If the policyholder has died, that automatically cancels their policy, doesn't it?

naedanger

I wouldn't take a car onto my property under such circumstances without being given some undertakings by someone else.

I don't know what happens with the car insurance - I would check with the insurer. 

theoretica

Personally, if it is on a public road I would give a courtesy contact to the local council - owner died, so no insurance, estate not being administered.  Might give them an option to get ahead with removal and disposal rather than leaving it annoying neighbours.

Sea_Shell

theoretica said:

Personally, if it is on a public road I would give a courtesy contact to the local council - owner died, so no insurance, estate not being administered.  Might give them an option to get ahead with removal and disposal rather than leaving it annoying neighbours.

But what if took a few weeks/months for anyone to ascertain if the estate were in fact insolvent, before deciding to administer the estate?

Marcon

Sea_Shell said:

theoretica said:

Personally, if it is on a public road I would give a courtesy contact to the local council - owner died, so no insurance, estate not being administered.  Might give them an option to get ahead with removal and disposal rather than leaving it annoying neighbours.

But what if took a few weeks/months for anyone to ascertain if the estate were in fact insolvent, before deciding to administer the estate?

See https://www.gov.uk/guidance/abandoned-vehicles-council-responsibilities

getmore4less

Moving for saver keeping would be reasonable action without intermeddling.

Can't think of any liabilities that would fall on the land owner.

Police ignored a car near us with no MOT or insurance, council were not interested till the tax ran out got moved back on the drive before it got removed.