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  • "Buying" a car, probate question…
  • badgerbater
    Free Member

    I’ve had some useful advice on this same subject in the past on here. I’m talking ownership of my dad’s car, as he passed away at Christmas. I’ve already insured it from handover from my mum this week and I will ensure the V5 documents are registered with the DVLA, etc. Just wanted to know if I need to draught a “bill of sale” type letter from my mum, dated at time of handover? Any advice appreciated as always. Thanks.

    thegreatape
    Free Member

    As long as you’re insured and have permission from whoever legally owns it to be driving it, you’re fine. Nor do you have to be the owner to be the registered keeper as they’re not the same thing. Actual ownership of it would be a civil matter, but I don’t see why simply gifting it to you wouldn’t be sufficient – we don’t give any documentation to each other for any other gifts we give. In short, no you don’t.

    Cougar
    Full Member

    Sorry to hear of your loss.

    Essentially the V5 is the bill of sale, is it not?

    badgerbater
    Free Member

    #tga as you say, the car will be gifted and yes I guess the V5 is the bill of sale. Just wondered as it is gifted whether some formal note of sale i.e. a receipt, would be prudent?

    bigyinn
    Free Member

    I guess that when your dad passed, everything (including the car) was left to your mum.
    Therefore the car is technically hers. If she wishes to give the car to you that is fine.
    I’d guess that as long as she lives for more than 7 years, you wont have to pay probate on that gift, the same as if she’d given you the cash.
    IANAL

    badgerbater
    Free Member

    Thanks for the replies. It’s given me a bit more confidence regarding the transaction. Just need to make sure she’s around for at least another 7 years! 🙂

    bensales
    Free Member

    Get a receipt/bill of sale whatever happens. The V5, as thegreatape has pointed out, does not state or define who owns the car.

    scotroutes
    Full Member

    When my Dad passed on (and in theory everything that was his then belonged to my Mum), I just phoned the DVLA, told them what had happened, and they issued a new V5 in my name. No documents, proof etc were needed. That meant I was the “keeper” and she was still the owner. I then inherited it as part of the estate when she died a year later.

    geoffj
    Full Member

    As long as their are no other beneficiaries on the will, then there shouldn’t be an issue. And as long as your mum’s estate is now worth less than £650k and she doesn’t give away more than £21k (3k per year for the next 7 years) then their will be no inheritance tax to pay whatever happens.

    badgerbater
    Free Member

    Thanks again for the replies. #scotroutes that appears to be the best way forward. As it presumably means that on inheriting the vehicle, the value would be at the time of inheritance and not when the new V5 was issued to yourself? If anyone can clarify this it would be helpful. Cheers.

    scotroutes
    Full Member

    Yep. The name on the V5 has nothing at all to do with ownership.

    badgerbater
    Free Member

    Thanks. I’m hoping to do the whole V5 and car tax paperwork on the DVLA website this week, before I drive the car home. Does it need a phone call to the DVLA as well?

    thegreatape
    Free Member

    Practically, all that matters is are you insured to drive it. That’s all the police will care about. So unless you think your mum might report you for nicking it, really don’t worry about the other stuff, it’s not going to cause you a problem.

    comfyman
    Free Member

    The V5, as thegreatape has pointed out, does not state or define who owns the car.

    But there is no need to over complicate matters.

    The name change on the V5 will record the change of ownership, so long as no-one comes forward to contest the legal status of the car. And they’re not going to do that, are they?

Viewing 14 posts - 1 through 14 (of 14 total)

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