• This topic has 11 replies, 10 voices, and was last updated 7 years ago by Del.
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  • Probate question – any solicitors about?
  • badgerbater
    Free Member

    I’ve tried googling this but cannot get a specific answer; hopefully someone here can clarify.

    My dad died at Christmas, left a will and everything is left to my mum, so that’s fairly straightforward. She has employed a solicitor to sort out the estate; assets solely in my dad’s name, shares, etc.

    My dad’s car which was in his name will presumably, like all the assets, be passed to my mum through the probate process. My question is at what point can my mum “gift” the car to me and does she have to wait for probate to be completed to do so?

    I’ve heard that probate can take many months to complete and I’m not sure at what point we will able to transfer vehicle into my name?

    Thanks.

    scotroutes
    Full Member

    Remember that you can be the registered keeper of a car without being the owner*. When my father died, I just phoned DVLA and had them change his car to my name.

    * AFAIK ownership is not recorded anywhere.

    Nipper99
    Free Member

    A car would be personal chattels and these would vest with an executor without a grant so can be passed straightaway.

    jekkyl
    Full Member

    solicitors love to delay things so it shouldn’t take months but it likely will. They love to send everything to the executor for a signature and each letter takes a week to process. iiwy get on to them every day, rush it through.

    gobuchul
    Free Member

    Remember that you can be the registered keeper of a car without being the owner

    This^.

    You need to be the registered keeper to insure the car, just complete the section of the V5 and send to the DVLA.

    geoffj
    Full Member

    If it’s as simple as you say, it’s really straight forward to do yourself – even I managed after some advice on here. Dont let the solicitor string it out.

    badgerbater
    Free Member

    Thanks for the prompt replies. I’ve never been involved with probate, etc, before and things like “…these would vest with an executor without a grant so can be passed straightaway”, I find confusing!

    I think one of the reasons my mum appointed a solicitor, apart from the immediate and continued grief which means she finds dealing with this sort of thing so overwhelming, is it’s easier to get a third party to sort it out.

    But I acknowledge, having been through a divorce in the past, that solicitors like to string things out and you pay for every phone call and letter!

    The DVLA seems a good call. I’m sure they must have to deal with this all the time.

    crankboy
    Free Member

    Pretty sure mum gives you keys you register car in your name , job done .

    gavtheoldskater
    Free Member

    my dad’s will was straight forward and i did it all myself, property, cars, shares etc, absolutely no need for a solicitor.

    badgerbater
    Free Member

    Many thanks. I’m hoping that the solicitor will be able to list the things we are able to process and those that they are better placed to deal with.

    connect2
    Full Member

    You need to be the registered keeper to insure the car.

    That’s not correct surely?

    Del
    Full Member

    Pretty much.
    As above, in the OP’s position just register as the keeper and you’re good to go. Sort the actual ownership out in the fullness of time.

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