Selling/disposing of vehicles

[AIBU76]

Hi all. How does it work to sell or give away or dispose of vehicles, namely car, motorbike and caravan after your relative has died? Can I not do anything until I have grant of probate? No will.

Nope, not until you have probate and only if you are a beneficiary, if there is a will it shouldn't take too long. If there isn't a will, its going to take longer and the vehicles will form part of the estate.

In practice there is nothing to stop you doing what you want with them.

Better to get them sold rather than leave them hanging around.

We passed my mothers old car over to her friend and neighbour after her death where it went on to be useful and working not moldering on the garage

Did you do that before probate? There's no will so I need to go through the process of becoming administrator and then gaining probate. If I have to wait then I need to spend £££ in storage fees

I updated the v5c with a transfer at £0 value into my name of all three of my late DH’s vehicles then sold two and gave one away.

Used the Motorway.com platform and all went very smoothly. Very reassured to have an intermediary between the seller and me. I was concerned that some burly person might show up and just snatch the keys. Or try to pay in cash with false notes.

As his widow and sole beneficiary, I figured who was going to stop me. If no beneficiary wants to claim the car, It would be a lot easier for you to do probate knowing the value of the cars and not needing to store or insure.

good luck.

Thank you. How did you update the v5c into your name? I dont think I can do this.

Can you get hold of the existing V5C amongst the deceased’s effects ? If so, fill in section 2. Transfer my vehicle to a new keeper (not a dealer)

if you can’t find it, and can get to the deceased’s address, you can apply online for a replacement which will be sent to their address. If you are administering the estate you do need access to their ‘stuff’ so. Of collect it from there.

Unlike land and bank accounts there is really nothing to stop you disposing of vehicles

If they were worth a lot of money then that might be different but in most cases they are not

We have literally this morning had my Dad’s car scrapped. We used a reputable scrap dealer who had dealt with it before. I thought I’d have to transfer it to me first but he was able to do it directly. We’ve been issued a Certificate of Destruction which apparently links to the DVLA. He called us late this afternoon and made us check on the gov.uk website and the car no longer exists so it definitely works.

I now need to send the DVLA his driving licence.

Oh and we haven’t got probate yet. But I’m joint executor with my DH and the sole beneficiary (only child of only child parents) so we were told to just get rid of it. We got £200 which we will obviously declare on the probate form.

He's got no will, I will be applying to be administrator of his estate so that I can get a grant of probate but that will take months. I have a v5c for his motorbike and car but not for his touring caravan. Can I scrap or sell any of them? I dont have his driving licence but have done the "tell us once" service which I think alerts the DVLA? Thanks everyone

I've sold my late husband's car this week. I've had to wait for probate to be granted and the garage did check that I authority to sell it. The Dvla gave me a refund on the road tax after I completed the "Tell us once" paperwork.

I put the V5 in my name and SORN my dh’s car. I did that before probate, no problem. Decided it was safer to wait to dispose of till probate was through, which didn’t take too long either. The car wasn’t really worth much though, so that may make a difference.

My husband's car was a specialist sports car which he'd owned from new so if I put the V5 in my name there would have been 2 owners and that would have affected the value. It was kept in a garage so the DVLA said I didn't need a SORN.
Depending on the car, the process will differ.

It was my understanding that an executor can sell a vehicle before probate as it’s classed as a chattel - I did this as DM’s executor with no issues, you just declare the sum received on the IHT forms. You need to check the will to ensure that it hasn’t been gifted to someone.

OP would need to get the letters of administration granted first though, to get permission to deal with the estate.

If the vehicle is of low value and you feel inclined you can donate it to a charity of your choice via this https://www.giveacar.co.uk/how-it-works/?gad_source=1&gad_campaignid=23223788590&gclid=CjwKCAjw25fWBhAVEiwAMopNjiapKmKE4rgNh6gIm0Kf5dUgBpFOa3bypDCBasTik4G71eRtpsQosxoCoR4QAvD_BwE

My brother was the executor of my dad’s will and his car was sold prior to probate. It upset my mum
just seeing his car there (she cannot drive) so it was sold quite quickly using one of the car selling websites.

Do take good quality photos of both the interior and exterior showing all scratches and or damage.

iirc probate re my dads estate was completed within three months.

We are doing this right now.
You don't need probate.

But you can't tax the car (which is ridiculous) to hawk it round to different people without transferring it to your name (which increases the number of keepers).

The garage which sold and maintained the car is coming today hopefully to buy and drive it away.

I sold my mum's car back to the garage she bought it from and put the money into the separate account we're keeping for estate matters.
They paid me on sight of death certificate/will/my ID but then they needed the V5 which my brother had lost so I applied for a replacement.
ETA we need to wait for probate to sell anything else.

My solicitor cousin who is advising us after my dad's death said we could sell the cR before probate (but not the houae). There is a will though and we are executors and sole beneficiaries.

@dandelionfluffy If you’re an executor you can still dispose of personal possessions (chattels) prior to probate - providing that you follow any directions in the will. Property and financial accounts don’t fall into this category though.

Thanks - that makes sense. I am sure someone told me this earlier in the year but funnily enough I didn't take it in.

The car and house contents have been left to one specific relative who seems to think this means they get them free of IHT, and immediately. House contents have mainly sentimental value, so I think we are more in the realms of "please do dispose of them so I don't have to" apart from a couple of things which the relative is arguing over OF COURSE. Unfortunately there have been so many expenses that even if the value of the car was free of IHT, I can't hand it over because the money has gone on the funeral!

The cost of the funeral is one of the expenses that can be paid by the estate funds - the bank can release the funds before probate to settle a funeral directors bill.

a vehicle is a chattel and you can transfer ownership immediately without probable. Legally you can’t drive it after the person has died anyway because the tax cancelled and in order to re-tax it there has to be a living owner

Other than funeral and associated costs, distribution of any part of the estate really does need probate, without which it is just not possible to know what is to be distributed.

Outrageous for anyone to expect to receive anything ahead of that.