Probate property with cars left. who will own them?

raptor2004

I am in the process of purchasing a probate property. The deceased owners have left 2 vehicles (MOT expired and no road tax) in the garage. The executors are the two children (now adults of course). One of them has no interest in any of the contents while the other is being quite difficult.

Having spoken to my coneyancing solicitor, he categorically stated that the cars will not be part of the fixtures and fittings list and that if I wish to place an offer, it will be a private deal between myself and the executors.

I am getting close to completition and I have no idea what the difficult executor wants to do. He has rejected my offer for the car but has no apparent plan to MOT it and put it on sale.

What happens in the event where  I complete and the cars are still left on the property? The V5 will be in the deceased parents name of course but can the executor have a right to enter the property and take the cars post completion?

Mark_d

The executors will still be in control of the cars however they would not be able to enter your property without permission. 

Bigphil1474

I think you'd normally agree that they'd be removed before completion via solicitors. Same as with furniture.

Olinda99

do not exchange or complete until they have been removed

RAS

Your solicitor (and mortgage provider) will make it a condition of the purchase that you obtain vacant possession. If you are reasonably close, then visit on day completion is supposed to happen and confirm this.

FlorayG

I would probably tow them out onto the road and leave them.  I don't know if this is the correct action but it's what I would tell the executor I'm going to do

Albermarle

Do you actually want to keep them , at the right price?
You say there are two cars, but you have only made an offer on one?

Flugelhorn

I would just get your solicitor to make it a condition that the vehicles are gone by the time of completion - if you start doing deals and there is no response you could be stuck with the thing forever 

Section62

FlorayG said:

I would probably tow them out onto the road and leave them.  I don't know if this is the correct action but it's what I would tell the executor I'm going to do

It isn't.  You need to look up '[involuntary] bailee' as to why that would be a terrible idea.

If the executor knows more about the law they will see this as an empty threat...  making threats to people you are hoping to buy a home from isn't a good idea, especially if you want to buy the house more than they want to sell it to you, and if you have already committed time and money to the purchase.

lisyloo

Normally these days contracts state that the property is to be left vacant AND clean.
The best way to ensure you don't buy it in an unsatisfactory state is to visit prior to completion.

ThisIsWeird

Reading between the lines, I sense that Raptor wants to get this property as quickly as he can, so the car conundrum is just delaying things, with one 'executor' in particular being awkward. So, Raptor doesn't want to have to wait until this is sorted, but would consider proceeding to completion first, and then sorting it out afterwards one way or t'other?

Also, possibly, one of the cars is attractive to Raptor to some degree, so he'd be happy to buy it? And he's made an offer, which, of course, should be based on the other car being taken away.

It's Raptor's business whether the offer he made was a bit too 'keen'

What are the legalities? I think it's that the cars will remain part of the estate even after the sale of the house, so will ultimately pass to the sons in whatever way the owner intended, but the garage will obviously become Raptor's property on completion, to which the sons will not have access - that means good locks and a CCTV camera.

Immediately after completion, you give the sons some notice - say 2 weeks - to remove them, at a day and time acceptable to you. Be as flexible and reasonable as you can be over this, but obviously it wouldn't be reasonable for them to expect you to hold on to it for months. Summat like, "Any week day after 6pm over the next two weeks, all day weekends, all with some notice, please."

If they fail to do this, then tow/push the cars on to the presumed driveway, and give them 2 days to collect. If they fail, then it's the road - right around the corner, 200 yards down the road, after having turned your CCTV off, wearing balaclavas...