Property owned by the deceased

[Nerevar911]

Hi, After a long winded move to recieve the grant of probate papers, both me and my brother are ready to start the process of selling my late grandmothers possessions. We are both the executors and have many disagreements over what the next course of action is.

This aside I have a question over the deceased vehicle. Her car Has been valued for probate and now we are looking to sell it, the problem comes from the person who is the "registered keeper" my father who claims that the DVLA has allowed him to keep it. After attempts on requesting her property returned to the both of us, he ignores our requests and continues to use her vehicle.

I'm wondering the legal validity he has and what route I could take on retrieving the deceased property. after discussing this with the solicitor I have yet to recieve any concrete solution to our conundrum.

Any help would be appreciated

Thanks

[des8]

OK your father has no right to the vehicle, but on the other hand it is an awkward situation.

The DVLA's opinion can be disregarded, they have no authority to distribute the estate assets!

If your father is also a beneficiary, could you not deduct the value of the vehicle from his legacy.

[ostell]

Being the registered keeper is not proof of ownership, it says so on the V5 document. The DVLA cannot say one way or the other anything about ownership.

[Nerevar911]

Thank you both,

Removing the value from his legacy doesn't specifically work as all the funds are being placed into a trust with myself and my brother being the trustees.

My father does stand to benefit from the trust with authorisation but he doesn't specifically recieve monetary gain, only personal possessions.
On a side note his last message asked the value of gold and platinum so I belive he's trying to sell the deceased property for personal gain, but without proof not much we can do.

I understand the DVLA, has told him he is the Registered keeper but he refuses to listen is there some way of claiming the vehicle back or?

I know this is a morally grey area as calling the police for stolen property is a last resort option, one that will form a serious rift between all of us,

Thanks again

[ostell]

So you withhold the possessions up to the value of the car. If necessary to sell and the value to go to the estate. Alternatively have you suggested he buy the car from the estate?

[Nerevar911]

I have suggested he could purchase the vehicle against my brothers wishes (so not possible without consent). This was ignored.

Withholding possessions I didn't believe was possible as he is specifically given these items, is this a viable option if it was specifically in her WILL to go to my father?

[des8]

If it comes to the crunch you could (after warning him in writing) that you will apply for a court injunction requiring he delivers the goods to you.
He is a bailee so you could make such an application under the Torts (Interference with Goods) act 1977, the cost of such an application falling to him.

[des8]

I have suggested he could purchase the vehicle against my brothers wishes (so not possible without consent). This was ignored.

Withholding possessions I didn't believe was possible as he is specifically given these items, is this a viable option if it was specifically in her WILL to go to my father?

No, you can't "substitute " the car for other items without his agreement (in writing).

[Nerevar911]

I agree that substituting items when he only receives items specifically, is not a viable option,

I will however write to him once I've addressed this with my brother asking him to return the property or I will have to apply to the courts, and emphasise he will incur the cost. I will read into the act and possibly adress this with the solicitor.

I feel this is a awkward situation and one that is hampered by my father being missed out of dealing with his mother's possessions, hopefully appealing to his need for money will make him change his mind.

Thank you both for your input