Mum selling deceased partners car

brendanb581

Hi all

After a bit of advice really 

My mum and her partner have been together 3 years however they're not married. She bought a car for him with her own money but he is logged on the v5c.

 He has now sadly passed away but we would like to sell the car to get my mum her money back for it. 

Can we just sell or do we need to move the car to her name first? She doesn't have a driving license so could it be moved to my name?

Ideally we would just like to sell it as quickly as possible. Can my mum sell this because she paid for it? 

Thanks

p00hsticks

Did he leave a will ?

The car will form part of his estate, so unless he made a will leaving it to your mother or making her an executor she won't have the authority to sell it. However, it may be that she could argue that the payment for the car was a loan and therfore needs to be paid back from the estate.

Who is dealing with the estate ?

Unfortunately I found selling a car the most complicated bit of dealing with my late brothers estate , even though he left a will leaving it to a named person. It was very difficult to work out whether we could simply sell it or if we had to transfer the paperwork to put it in the beneficiaries name first - I can't remember exactly how we dealt with it in the end, I'm afraid. You have my sympathies.

tacpot12

Whether it forms part of his estate will depend on whether your mother gave him the car or just allowed him to use it. It would be for the executor of his estate to query this with her. His insurer might confirm to the executor that he had told them that he was the keeper AND owner of the car, which might indicate that he thought that she had given it to him as a gift.

Have a read of this link before deciding whether the car is to be kept on the road and insured or declared as stored off road (if you have a space where it can be stored off road). Telling DVLA after someone dies: Keeping a vehicle - GOV.UK (www.gov.uk)

The insurnace policy for the car ends when the policy holder dies, so the car may not be insured currently so getting it off the road, or getting it insured should be a priroity. 

brendanb581

tacpot12 said:

Whether it forms part of his estate will depend on whether your mother gave him the car or just allowed him to use it. It would be for the executor of his estate to query this with her. His insurer might confirm to the executor that he had told them that he was the keeper AND owner of the car, which might indicate that he thought that she had given it to him as a gift.

Have a read of this link before deciding whether the car is to be kept on the road and insured or declared as stored off road (if you have a space where it can be stored off road). Telling DVLA after someone dies: Keeping a vehicle - GOV.UK (www.gov.uk)

The insurnace policy for the car ends when the policy holder dies, so the car may not be insured currently so getting it off the road, or getting it insured should be a priroity. 

Hi

The executor is his daughter but she's already given us the to ahead to go and sell it, whether that makes any difference or not?

Keep_pedalling

brendanb581 said:

tacpot12 said:

Whether it forms part of his estate will depend on whether your mother gave him the car or just allowed him to use it. It would be for the executor of his estate to query this with her. His insurer might confirm to the executor that he had told them that he was the keeper AND owner of the car, which might indicate that he thought that she had given it to him as a gift.

Have a read of this link before deciding whether the car is to be kept on the road and insured or declared as stored off road (if you have a space where it can be stored off road). Telling DVLA after someone dies: Keeping a vehicle - GOV.UK (www.gov.uk)

The insurnace policy for the car ends when the policy holder dies, so the car may not be insured currently so getting it off the road, or getting it insured should be a priroity. 

Hi

The executor is his daughter but she's already given us the to ahead to go and sell it, whether that makes any difference or not?

The fact that is daughter is happy to do this is good, as you your mother is not going to have any nastiness to deal with. 

Does your mother have the V5C (registration document) .

sheramber

If the V5 is in partner's name the daughter will need to complete the transfer as executer. There is a part on the form for that.

brendanb581

Keep_pedalling said:

brendanb581 said:

tacpot12 said:

Whether it forms part of his estate will depend on whether your mother gave him the car or just allowed him to use it. It would be for the executor of his estate to query this with her. His insurer might confirm to the executor that he had told them that he was the keeper AND owner of the car, which might indicate that he thought that she had given it to him as a gift.

Have a read of this link before deciding whether the car is to be kept on the road and insured or declared as stored off road (if you have a space where it can be stored off road). Telling DVLA after someone dies: Keeping a vehicle - GOV.UK (www.gov.uk)

The insurnace policy for the car ends when the policy holder dies, so the car may not be insured currently so getting it off the road, or getting it insured should be a priroity. 

Hi

The executor is his daughter but she's already given us the to ahead to go and sell it, whether that makes any difference or not?

The fact that is daughter is happy to do this is good, as you your mother is not going to have any nastiness to deal with. 

Does your mother have the V5C (registration document) .

Yes she does! Which is good I believe! 

getmore4less

Unless something has changed it is relatively easy, 

DVLA don't seem to do any checks, just note on the relevant part of V5C (deceased)
it is down to convincing any buyer they will get the vehicle.

In our case we sold through the classic dealer it was bought from so they were happy.