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Selling A Deceased Persons Car

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gumboil | 13:37 Mon 19th Oct 2015 | Law
37 Answers
My father-in-law died late last month and he owned a car. No finance was in place on the vehicle and since his death, it's been parked on a drive owned by him adjacent to his home. His Executor, my wife, has now to dispose of the car. No family member wants it, so we're thinking of returning it to the dealership. We've not contacted them to date to ask for a valuation for probate purposes.

I've a number of questions concerning the best way to go about this. As my father-in-law was disabled and received DLA, he did not pay road tax on the car. We've not notified the DVLA of his death. Does this mean that my wife cannot drive the vehicle on her fully comprehensive policy? She wasn't a named driver on his insurance policy. His insurance lapsed the day after he died. Does this make a difference? Is it true that under these circumstances, the only option we have is to ask the dealer to transport the vehicle from the drive to the dealership? Does it need a SORN?

Are there any benefits of not putting it through probate given what Solicitors charge these days?

Thank you
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My wife was only thinking of driving the the vehicle to the dealership.
I'd be inclined to ring the DVLA gumboil. Sorry for your loss x
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The vehicle is showing as taxed on the you.gov website. Although he didn't pay road tax, I assume it must have been eligible for tax because of his disability under some scheme.
Read through this, sections on keeping and or selling too.

https://www.gov.uk/tell-dvla-about-bereavement/overview
Can't comment on all aspects, but she'll only be able to drive on her own car insurance if she is the policyholder, if she has driving other cars (DOC) cover and, if she has DOC cover, there's not a stipulation that the car being driven must also be insured (as some policies do). The cover will only be third party of course.

Assuming the dealer is happy to take the car back, your wife could ask her own insurer to cover her temporarily for the journey.
If you are thinking of asking a dealership to sell the car for you, they may well collect it from the drive under their insurance, it would be worth ringing them to see. As Mally has said it would also be worth ringing the DVLA asking for their advice as presumably the car does not now have a legal owner. I too am sorry for your loss
Your wife can't drive the car under her policy "driving other cars" section,as this extension on her policy is only for cars NOT belonging to her.

Best to get the dealership to pick up the car under their motor trade insurance.
The vehicle can't be driven on the highway as it is. The vehicle is no longer taxed so it will either have to be taxed in the proper class or declared SORN.

The dealer doesn't need to use a low loader, he can put trade plates on the vehicle and drive it.

I can't comment on the probate issue.
SirOracle is correct - though I had assumed that OP's wife was not technically the owner.
She can't drive it because it's not taxed
Gumboil's post at 14.46 says it is showing as taxed on website
Is there a will, and if so who is the beneficiary.
It will show as taxed because DVLA are not aware the owner is deceased.
For owner , read 'Registered keeper'.
Also, a car has to be insured in its own right to be on the public highway.
You can't drive somebody else's uninsured car using your own comprehensive policy.
Except when taking it to/from a pre-arranged MoT test appointment?
It still has to be insured
No. A car has to be insured to just sit at the side of the road (a private drive is OK).

It is possible to insure a car with no MoT and it can then be driven straight to and from an MoT testing station, provided an appointment has been booked. You cannot tax a car which has no MoT, so that has to be allowed.

The
Hc...As has been pointed out by Arrods the DOC is not always dependent on the "other car" having it's own insurance.

This depends on how "good" and "wide" the wording is on your own policy.

People so often look at the cost of insurance not realising that you tend to get what you pay for,like most other things.
I am certain that most insurance companies look at this sympathetically, and as your wife is the named driver they will authorize temporary cover for her to take the car to the dealership

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