Deceased partners car

[Daniellebt]

Sorry guys long one here
My beloved partner sadly died , we were due to get married soon.
He was due to finalise his will but it’s too late now and falls under intestacy rules. His sister has handled most things including his car which was ours but purchased outright under his name . We were together over 3 years and living 1 and a half. I’m 33 was 45. All assets are frozen including the car until the inheritance tax is calculated( he owned a house he rented too). My issue is the car, I have my own car but we used the new one. Now his sister has cancelled his car insurance and says she needs it to sit outside her flat on the road. The car is safe in my drive way and I can declare it as SORN. I’m not sure why the car needs to sit outside her flat which isn’t safe. Now it's not insured, that invalidates the tax right? And could be towed away . I’m devastated and now this just makes it worse. The car is the one thing I wanted for sentimental reasons and I don’t want to loose it. I don’t care about it’s worth as it won’t bring him back but I need it .

I'm very sorry for your loss. 💐

Have you spoken to her about it? What does she say? Does she understand that it's particularly important to you?

So sorry for your loss and the difficult situation this has left you in.
The car should be insured against at least fire and theft wherever it is kept but if it is kept on a public road it will need to be taxed as well.

Can you prove that you paid towards the car?
If so show her, I would also tell her the car is safe on your drive.
Get a copy of the death cert, and as you many need it.
If you have any joint bank accounts. They become yours...
Check if he named you on his pensions. If so you get that as well.

Did you provide funds to buy the car?

Just because he is named on the V5 as registered keeper doesn’t prove ownership

If the car is jointly owned you don't lose your share on his death. I simply don't know whether you held the property jointly as joint tenants or tenants in common. That will be fact specific and you will need to take some legal advice from a probate specialist.

there can only be one name on the V5 but the V5 says that registered keepers name is not proof of ownership,

do you have the car keys? are you named on the insurance policy, was the car paid for out of a joint account or a loan that was repaid out of joint account. don't give up ownership just like that, there is no will so unfortunately under intestacy rules you get nothing,

however you do have rights to property you at least part paid for so furniture etc if you jointly purchased car you can either buy the other half out ( ie your DP's share ) or she can buy you out

if his money was used entirely to buy car and you have another car in your name thye you unfortunately are in a much more difficult position, the car can't be reclared SORN on the street it has to be off road so if on street it needs to be insured

is his sister basically ignoring you? or is she just trying to follow the law so as executor no one can say she did not get all the assets as if others are due to inherit there may be pressure on her not to leave anything that was her brothers An executor has a legal duty to collect all assets and dispose of them for the maximum amount possible not to undervalue things for anyone's benefit

a V5 can't say Mr & Mrs Smith or John Brown and Sue WHite

I wouldn't give her the keys and I wouldn't move it. Declare it sorn and reinsure it yourself.

I would also seek legal advice yourself.

Here's some useful links. I'd also join Widowed and young for advice (cost about £25 per year, but the support is well worth it.) also join grief encounter on fb for extra support. I'm a widow myself. I know how awful families can get at a time when we need their support.

www.widowedandyoung.org.uk/about/useful-links/

you need insurance to drive you don't need insurance if it of the public highway, though if not insured there would only be courts to recover losses against thief not insurance, it can't sit on road uninsured ( well it can as there are thousands of uninsured vehicles in UK but it is not legal) and road tax is still valid
while a vehicle on any public road whether parked or driven should have road tax insurance and MOT. only the latter 2 really impact safety as no road tax endangers nobody apart from inland revenue, no MOT means potentially unsafe to drive and therefore a potential risk to other road users, no insurance becomes a risk if accident as no one to pay out to a third party but it doesn't affect safety of vehicle

@WowCrabby hey thank you. The sister is all about money and even though I have seen the will stating the car going to me but she has to include it on the inheritance tax calculator. If she is a decent person she will just give it to me but I don't know her that well and her brother always told me not to trust her

No way do you give up a car named as yours in the will.
Tell her it is legally yours and no way will any court hand it over to her...

Then follow this link.
www.gov.uk/tell-dvla-about-bereavement/keeping-the-vehicle

@mummmy2017 thank you . The only thing is there technically is no will . However I don't think she ever sent it off knowing we we due to be married and I'd get nothing and it would all go to his mum. However the car is all I need for sentimental reasons. They've only just come on the scene and I have full proof via texts between them , him and his friends showing his full destain for his mum and sister. It's also on the hospital notes. Legally I don't have a leg to stand on but I will not give up our car . X

@TeacupDrama it's off the road and safely on my drive for now

@Noqont thank you

However I don't think she ever sent it off knowing we we due to be married

If you mean she never sent off his will, there is no requirement to send it anywhere prior to death. If it was properly signed and witnessed it is likely to be valid.

@prh47bridge
The will wasn't witnessed
When we made it in June , the solicitor said it needs to be checked and then they send a copy back us and we get witnesses
Personally I wish I'd picked up one from WHSMITHS and done it myself but we never realised this would all happen . Thank you again