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Cars left as chattel, liability for chattel post-probate being granted

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  • Cars left as chattel, liability for chattel post-probate being granted

    Hello,

    I am an executor for my late-Father's Will and have a question with regards to two vehicles left as chattels to his partner (not married) forming part of my Father's Will and Wishes.

    Both cars have been specifically left to his partner in my Father's Will and Wishes as part of the estate's residue.

    My father's partner takes months to undertake the simplest of tasks and I am in the process of Probate being granted and has been submitted to HMRC. It won't be long until I am in a position where I am going to grant probate to complete that part of the process.

    The remainder are the chattels; specifically the two cars. I understand my Father's cars are my responsibility as executor, ensuring the car insurance and tax (although both vehicles now SORN with DVLA) are valid and covered.

    So my question is, am I still liability for these two cars (the chattels) once probate has been granted and I am no longer legally an executor.

    The cars are currently going through a change of ownership to my Father's partner via my solicitor, but the process of my partner filling out two DVLA forms will take weeks, if not months as I suspect delay tactics are being employed, plus one of the V5Cs has been lost; adding further un-necessary complication.

    I want to be able to cancel the car insurance and end liability as soon as possible, thus not to delay me approving the grant of probate. I appreciate I cannot do this before probate being granted.

    What position am I in? Once probate has been granted, am I still liable in any way, shape, or form for the two cars?

    Kind regards,
    Patrick
    Tags: None

  • #2

    As executor you are responsible for preservation of the estate assets until such time as you pass ownership to the beneficiary.
    The cost of necessary insurance is an executor's expense payable by the estate.

    Completion of DVLA registration forms does not affect ownership.
    The registration forms only shoe the name of the registered keeper

    Not sure what you mean by your statement "once probate has been granted and I am no longer legally an executor."
    Your status as executor derives from the will and the grant of probate only confirms that authority, it does not remove you from that position but only reinforces it

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