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Legal matters

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Original poster

Possessions & probate

9 replies

ZigZaggyZoo · 25/07/2020 22:11

I'm looking for advice please; my FIL bought his partner (not married) a car for her to use. FIL now sadly passed away and his partner has stopped using the car (coincidental medical reasons).

The estate is still being sorted. FIL's partner wants to keep the car and sell it.

I'm of mind that it is part of the estate and therefore she can't sell it? Does it now belong to the estate? Should we sell it for her? Always been hers to use but never in her name, she has paid for its upkeep.

Thanks

OP posts:

Livingthecovidaloca · 25/07/2020 22:43

In effect it’s her car. It was bought for her use, she pays the upkeep of the car.
She’s lost her partner. Let her keep the car.

ChicCroissant · 25/07/2020 22:47

Sorry for your loss, OP.

If the registration document is in your FIL's name, surely only the executor(s) can sign it to sell the vehicle?

CrotchetyQuaver · 25/07/2020 23:04

whose name is on the registration document, who pays fuel/insurance/tax/servicing?
did he buy it for her as a gift?
does she think it's her car?
what makes you think it's not her car?

CrotchetyQuaver · 25/07/2020 23:06

i think it's her car BTW and outside your late fathers estate.

the registered keeper is not necessarily the legal owner and it sounds like he bought it as a gift for her

WhentheDealGoesDown · 25/07/2020 23:11

It’s a gift to her but could maybe be counted for inheritance tax if any is due

Original poster

ZigZaggyZoo · 26/07/2020 07:22

Thank you for all replies.
It’s a gift to her but could maybe be counted for inheritance tax if any is due

So we might need to pay inheritance tax for her car? Car is worth around £3k retail value

OP posts:

schoolrummum · 26/07/2020 10:50

While they are valuing everything for probate all gifts are considered. As PP says it will be used to value the estate. I believe a gift to a spouse will not incur inheritance tax but as they are not married this is more of a grey area. Your choices are; let her keep the £3k car and if there is any inheritance tax then she pays it from the sale. Or you take the car from her.

ChicCroissant · 26/07/2020 16:49

There is a sliding scale going back 7 years for gifts, if you want to count it as a gift to her. The value of the gift will be included in the estate if it is within the last 7 years but depending on the amount, timing and the sliding scale, it is unlikely to be the full amount of IH.

WhentheDealGoesDown · 26/07/2020 16:56

The estate may be under the IT threshold anyway, many are

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