Buying a car off an executor - dodgy?
Discussion
Evening all,
While searching the local classifieds I've found a car, at a bargain price in what seems to be good condition. After asking the normal questions I discovered that the car was being sold by an executor for the family of a deceased gentleman. The advert also stated that the car could be delivered after questioning this the seller agreed to meet me at the local train station.
I assume the sellers name wont be on the V5, so how can I prove that the operation is legitimate?
While searching the local classifieds I've found a car, at a bargain price in what seems to be good condition. After asking the normal questions I discovered that the car was being sold by an executor for the family of a deceased gentleman. The advert also stated that the car could be delivered after questioning this the seller agreed to meet me at the local train station.
I assume the sellers name wont be on the V5, so how can I prove that the operation is legitimate?
As an executor, wouldn't there be some formal paperwork to back that up?
I remember having a chequebook a few years back with something along the lines of (executor to Mrs *******) on it, probably some other stuff too.
I suppose it depends just how cheap the car is etc. Goes without saying, make sure you do the usual checks.
I remember having a chequebook a few years back with something along the lines of (executor to Mrs *******) on it, probably some other stuff too.
I suppose it depends just how cheap the car is etc. Goes without saying, make sure you do the usual checks.
DVLA guidance on how executors should handle the disposal of a car is pretty explicit.
Check whether theyve had the car transferred to their name, so they can sign the v5 as the registered keeper.
If they haven't, make sure they're familiar with the process explained on the DVLA website as they have to send the v5 (minus the new keeper slip which you will have) with an explanatory letter to the sensitive casework team.
To be honest, I dont think i'd want to buy a car in circumstances where I am reliant on someone's promise to write a letter etc. I'd rather they transferred the car into their own name first so I knew the sale was legit, even if it adds a previous keeper to the log book.
Also, if the car is still in the deceased's name, check whether its insured before you test drive.
I've just transferred my late father's vehicles into my name and it took less than a week via the DVLA Sensitive Casework Team.
Check whether theyve had the car transferred to their name, so they can sign the v5 as the registered keeper.
If they haven't, make sure they're familiar with the process explained on the DVLA website as they have to send the v5 (minus the new keeper slip which you will have) with an explanatory letter to the sensitive casework team.
To be honest, I dont think i'd want to buy a car in circumstances where I am reliant on someone's promise to write a letter etc. I'd rather they transferred the car into their own name first so I knew the sale was legit, even if it adds a previous keeper to the log book.
Also, if the car is still in the deceased's name, check whether its insured before you test drive.
I've just transferred my late father's vehicles into my name and it took less than a week via the DVLA Sensitive Casework Team.
An Executor WILL have a Certificate from the "District Probate Registry of......" if it is legally theirs to dispose of. The Certificate (Probate) will (pun not intended) not show any details of the Last Will and Testament of the deceased, but assuming the Executor can prove his own identity, then he has the right to do what he wants with the property (the car). If he sells the car to you against the wishes of the deceased, then he, the Executor, is committing an offence.
Having gone through Probate for both my parents and other close relations, I'd not have an issue.
The issue I have with Probate is what some solicitors charge for doing very little - they just collate all the information that the close family of the deceased has to obtain, which is usually the most tedious and upsetting part.
For most folk, I'd recommend the DIY will proving - I have found that the Probate Office is very informative and helpful, and most big businesses and government departments have specialised bereavement offices that are generally very helpful - yes, even Government ones. Amazing!
Having gone through Probate for both my parents and other close relations, I'd not have an issue.
The issue I have with Probate is what some solicitors charge for doing very little - they just collate all the information that the close family of the deceased has to obtain, which is usually the most tedious and upsetting part.
For most folk, I'd recommend the DIY will proving - I have found that the Probate Office is very informative and helpful, and most big businesses and government departments have specialised bereavement offices that are generally very helpful - yes, even Government ones. Amazing!
AlwynMike said:
An Executor WILL have a Certificate from the "District Probate Registry of......" if it is legally theirs to dispose of. The Certificate (Probate) will (pun not intended) not show any details of the Last Will and Testament of the deceased, but assuming the Executor can prove his own identity, then he has the right to do what he wants with the property (the car). If he sells the car to you against the wishes of the deceased, then he, the Executor, is committing an offence.
Good advice. Grant of probate (if the deceased estate was over £5k) is the absolute evidence of their ability to dispose of the car. But (OP) just don't assume it has been granted if you see someone else's name on the V5.You don't need to supply a will, nor grant of probate, to transfer the ownership from a deceased person to another individual.
Obviously that opens up an opportunity for someone to have all the documentation they need to sell the car to an unwitting buyer, prior to the Probate Service confirming that the will is uncontested and assets are free for disposal.
ALWYNMIKE - couldn't agree more on the solicitor front. I've done my own probate in a matter of hours over a few days, as opposed to the £5k i've heard people spending with law firms who dragged it out for 12 months.
Its quite an eye-opener when you google your local Probate Office to find its on page 3 of the search results behind all the' legal' firms masquerading as quasi-official bodies to prey on grieving individuals. Shameful.
My wife was executor for her late father's estate which included a Lexus IS200.
She ended up selling it to a neighbour with no issues before probate was granted just to get rid of it.
Just listed how much it was sold for on the relative paperwork.
That was about 3 years ago, neighbour still has car.
She ended up selling it to a neighbour with no issues before probate was granted just to get rid of it.
Just listed how much it was sold for on the relative paperwork.
That was about 3 years ago, neighbour still has car.
You can actually transfer V5's online now so there's no need for a signature. Not sure on the legality of the executor doing it this way but all they/you need is the V5 document number to do the transfer.
https://www.gov.uk/sold-bought-vehicle/y/no/sold-i...
https://www.gov.uk/sold-bought-vehicle/y/no/sold-i...
Edited by LocoBlade on Thursday 26th January 10:24
LocoBlade said:
You can actually transfer V5's online now so there's no need for a signature. Not sure on the legality of the executor doing it this wat but all they/you need is the V5 document number to do the transfer.
https://www.gov.uk/sold-bought-vehicle/y/no/sold-i...
Yes, it's easy enough to do - but this then adds another "keeper" to the car's details. This may be immaterial, but on some cars, a "one owner" vehicle will fetch more money.https://www.gov.uk/sold-bought-vehicle/y/no/sold-i...
Just transfer direct from the deceased to the new owner surely? All I was pointing out is that unlike doing it via post which technically needs the deceased signature on the form or a letter to DVLA explaining the situation etc, doing it online doesn't require anything other than the V5 document number.
AlwynMike said:
LocoBlade said:
You can actually transfer V5's online now so there's no need for a signature. Not sure on the legality of the executor doing it this way but all they/you need is the V5 document number to do the transfer.
https://www.gov.uk/sold-bought-vehicle/y/no/sold-i...
Yes, it's easy enough to do - but this then adds another "keeper" to the car's details. This may be immaterial, but on some cars, a "one owner" vehicle will fetch more money.https://www.gov.uk/sold-bought-vehicle/y/no/sold-i...
Went through something simialr selling my deceased Dad's car recently. I showed the seller:
- A copy of the death certificate, proving my Dad had actually died
- A copy of the will, proving I was a named executor of the estate
- A copy of my driving license, proving I was who I said I was
Seller was happy to proceed on that basis. I didn't even sign the V5.
- A copy of the death certificate, proving my Dad had actually died
- A copy of the will, proving I was a named executor of the estate
- A copy of my driving license, proving I was who I said I was
Seller was happy to proceed on that basis. I didn't even sign the V5.
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