Car finance after deceased

Allspark

my father sadly passed but he had a car solely in his name. We have informed the car finance company and provided them with a death certificate however they are wanting my mother to reply to an email to confirm her agreement to action a voluntary termination of the contract. 

It states for them to voluntarily terminate they require 50% of the outstanding balance to be paid. 

We don’t know whether responding to this is then taking liability for it. 

There is no estate so there is no means to pay any of it. We’re just needing for the car to be collected and returned to the finance company. 

They’re also saying the car should be road worthy with tax and insurance, which it isn’t now with my dad’s passing and we don’t think that my mother should be responsible for doing that. 

The car finance company won’t act until my mother responds to the email advising them to go ahead with the voluntary termination. 

Any advice on what do to in this matter would be greatly appreciated. Thanks 

la531983

Tell them in the email the person is deceased (attach the death cert), there is no estate, no further correspondence will be entered into, and someone needs to come and collect the car. 

They are trying it on.

Ayr_Rage

If it's not taxed or insured make sure it is not left on the public highway.

Keep_pedalling

If you are the executor / administrator of the estate then your mother does not need to be involved. If he had no assets, then write back to them informing them that you are administrating his estate and that it insolvent and that there are zero assets to pay any outstanding finance payments and could they please arrange for the recovery of the car without further delay.

Allspark

Is my mother not automatically the executor because she is next of kin? 

bobster2

Allspark said:

Is my mother not automatically the executor because she is next of kin? 

No - not unless she's named as an executor in a will - or if there's no will, then only if she decides to apply for letters of administration to obtain probate (which would be her choice - but there would be no reason to if his estate is insolvent).

Ryd3r88

sorry to revive this thread but how did you get on with this? My mother is now in the same position as my dad unexpectedly passed away the other week. Still awaiting DC as it happens away from home. The bereavement company dealing on behalf of Audi are lovely but we have been faced with the following options:

Family

Member takes over the agreement

Buy car outright

Hand back and pay £15000 early term fee (which is a joke as it’s not something we “want” to terminate it because of the situation)

Sell car to pay off £32k to Audi and anything over we can keep.

I pretty certain there won’t be enough in the estate to even cover that let alone my dad other small debts. Just something so heart breaking and horrible is going on and I can’t grieve as I need to sort of money etc just not right!

sheslookinhot

Sorry for your loss.

In the first instance, follow the advice given to the OP.

sheramber

https://forums.moneysavingexpert.com/discussion/comment/81954331#Comment_81954331

Sorry for your loss.

It is a very difficult time dealing with the affairs.

First you need to establish what estate there is and what debts there are.

Did your father leave a will? If so, the executor is responsible for handling the estate.

If there is not enough money in his estate debts must be dealt with in a specific order.

Keep_pedalling

Do you have any idea of the current value of the car?

Ryd3r88

thanks for the replies. The value varies but averaging between £32k and £35k.

We are still waiting on the DC as his passing happened away from home. But judging by what we know there won’t be enough for the car and debts. Doesn’t have a mortgage etc so not quite sure where to even start!