Help needed, selling car owned by decesaed

[Electric_Andy]

Does anyone know please, what someone does if they want to sell a car that belonged to a deceased spouse? My Manager lost her husband suddenly and now needs to sell the car, but the V5 is in his name. I thought you'd just inform DVLA, give them whatever proof they need and get a new V5? Anyone done it, and how long does it take? She's been advised to do this quickly before it goes to probate or whatever.

Thanks,

 

[JoshM]

Surely a quick call to the DVLA will answer your query. Though I doubt they'd answer any questions specific to your managers situation, I've no doubt they could answer the question 'if a person loses their spouse, how do they go about changing the name on the V5? And how long does this usually take?'

Sorry to hear about your bosses situation, it can be easy.

 

[screenman]

Takes about 10 days for the new v5 to come back. I cannot see any need to have the log book in her name prior to her selling it, name in the V5 is not proof of ownership.

 

[jefmcg]

I'm having to do this in another country, but I don't think it's as simple as "telling the DVLA". Her husband might have bequeathed it to someone else. She needs to get a lawyer, and get the will executed, or prove he was intestate so the car would go to her as his spouse. She may not be able to sell it quickly, it may take several months.

 

[Electric_Andy]

Thanks for replies, sorry I could have looked it up but didn't have time. I've now read that you can just sell the car in the usual way, but when you send the V5 back you include a letter explaining what has happened.

As jefmcg said, it does have implications to the will/estate etc. Oddly her solicitor advised she sells the car quickly so it doesn't have to go back to the estate and be distributed to benefactors, but that's another matter.

Cheers guys

 

[Levo-Lon]

Probate ? Wills ect..check with solicitor, but the solicitor says sell it...so sell it

 

[fossyant]

You can't just dispose of it. It has to follow the will for a start, and then probate etc. is needed before you transfer. If she's not in the frame of mind, relatives may need power of attorney.

My SIL got my FIL to sign over the car to her on his deathbed FFS - she was left with a £30k car (in the will), other daughter a computer and ipad (not new), and my wife sweet FA. Nice and fair that wasn't it.

 

[screenman]

What is too say she does not own it, certainly the V5 does not prove ownership.

 

[fossyant]

You have to wait. The will needs checking. In all likelyhood it will be transferred to the wife, but Probate etc. needs completing. Bank accounts in the husbands name get frozen, unless it's joint. Been through it.

It's going to be easier assuming the wife is OK sorting this. We had MIL refuse to get involved, and refused to manage her bank account, so we needed Power of attorney as well as probate. Took months - mainly as needed the two sisters to sign stuff also, and they dragged their feet.

 

[Spinney]

Check insurance as well - if she's already named on the insurance it might be OK, but if the insurance was in his name with her as a named driver, she should check with the insurance company before she drives it anywhere.

I had to sell my dad's car after he died, and his insurance was terminated as soon as he died. SAGA, this was - it did occur to me that a company who specialises in selling insurance to older people might have something in place to help their relatives after they pop their clogs, but no.

As I have a car of my own, and his car technically belonged to the estate until probate allowed distribution, I drove it there on my insurance.

 

[Pat "5mph"]

What I did when it happened to me (there was no will, the car still had outstanding payments): I phoned the insurance, they were very understanding and transferred the policy to me. Then I faked his signature to put the car in my name then I payed off the debt, then I donated the car to his (adult) son.
I hate driving, he would have wanted his son to have the car and there was no way I could have afforded to let it sit unused for the months it would have taken to sort it out legally.

 

[Levo-Lon]

What I did when it happened to me (there was no will, the car still had outstanding payments): I phoned the insurance, they were very understanding and transferred the policy to me. Then I faked his signature to put the car in my name then I payed off the debt, then I donated the car to his (adult) son.
I hate driving, he would have wanted his son to have the car and there was no way I could have afforded to let it sit unused for the months it would have taken to sort it out legally.

Are we still on for that train robbery @Pat "5mph" keep it quiet on here tho

 

[Pat "5mph"]

Are we still on for that train robbery @Pat "5mph" keep it quiet on here tho

Let me tell you, it was no fun: I started with being honest, told the bank where we held our joint business account that he died, they froze the account immediately without telling me, direct debits not honored.
After that, I winged it, I'd been in charge of our finances anyway, knew all his pins and passwords.
My out most sympathy to the wife of the deceased, hope she has a family to support her with the practicalities.

 

[Levo-Lon]

Let me tell you, it was no fun: I started with being honest, told the bank where we held our joint business account that he died, they froze the account immediately without telling me, direct debits not honored.
After that, I winged it, I'd been in charge of our finances anyway, knew all his pins and passwords.
My out most sympathy to the wife of the deceased, hope she has a family to support her with the practicalities.

No Will = big headache..i think wills should be a legal requirement but things change with families.
i did mine yrs ago ..its still as i would wish..

 

[Electric_Andy]

Thanks for the replies. She's not driving it, nor is it on her driveway (too painful). I've told her to check that the Insurance doesn't auto-renew, and also to make sure it's SORN if the Ins/Tax is up soon. Other than that I think it's being dealt with by friends and/or solicitor.