Apologies- there is probably a simple answer to this, but my brain's fogged this week.
My FIL died recently and my MIL wants my wife and I to have his car. The V5 will be completed and sent to DVLA'S sensitive case team. What point will I need to tax and insure it? Once I receive the new V5 or beforehand?
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You'll be able to tax it with the green slip presumably ? Can't you SORN it somewhere...?
Last edited by: R.P. on Sun 25 Oct 15 at 09:23
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No, don't want to SORN it. Will probably insure and tax it.
On another issue, upon death, does insurance become invalid? My mother in law is a named driver so is she still covered?
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I would expect the policy (a contract) to terminate with the death of one party to the contract (the insured.) But I imagine the detailed implementation varies from one insurer to another, so a phone call would be the best bet. It's a question they must be used to answering.
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Yes - death of the policyholder will void it.
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>> Yes - death of the policyholder will void it.
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I've seen this a few times and that's the correct answer but some insurers are flexible and will allow spouse to keep using the car or someone else to move it.
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>>Yes - death of the policyholder will void it.
Will it.
It cetainly can, but I don't think it has to.
And even then it would require formal notification to withdraw the RTA cover. Otherwise a named driver could be driving for a period of time (you don't always find out straight away) unaware that the policyholder has died which could be legally quite difficult.
Better to check with the insurer directly, of course.
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>> It cetainly can, but I don't think it has to.
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I was a named driver on my father's policy; when he died suddenly, I phoned the insurer and IIRC was told that I was still legally able to drive on his policy until such time as his death had been notified to the registrar. As it happened we sorted it out there and then on the phone for me to take the policy over.
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With other contracts, such as house insurance, I think the estate usually succeeds to the person of the deceased up to probate. Technically until that point the beneficiaries have no rights in the property etc, so the estate has to legally to be the owner, with all the duties of insurance etc.
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That would have been my opinion as well. Not sure how this would effect a ( I almost said client) person's estate who died intestate....
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>> That would have been my opinion as well. Not sure how this would effect a
>> ( I almost said client) person's estate who died intestate....
I fall into that trap too.
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They asked me to come back as a volunteer today Bromp...two hopes and one of them is Bob.
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>>Technically until that point the beneficiaries have no rights in the property etc, so the estate
>>has to legally to be the owner, with all the duties of insurance etc.
Away from the technical position, the executor just needs to sign the V5 and send it off to DVLA. Just like when buying a car, that's the point that the insurance needs to be in your name.
Technically, of course, this is not what the law says. But unless another beneficiary is going to sue you, then keep away from what lawyers tell you. Because... it's perfectly possible, if a couple's house is solely in the man's name, that - although the wife is the sole beneficiary - she has no rights in the property as the estate is the legal and beneficial owner. Is there anybody who would argue that she couldn't use the house? Of course not.
As for the insurance, some insurance companies at least are quite happy to let the policy run after the death of the policyholder.
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When my first wife died...her GTi was sold to a family member...it was er..managed V5 wise. Immediately after her death I used it a lot (some may remember that the other car was the Roomster) - I was the Policy holder and consequently there was no problem. She was the registered keeper and I often thought what would happen if I popped a camera somewhere...I wouldn't actually have to say anything....the NIP etc, would ave been addressed to her....
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Advice on DVLA and car owned by deceased - Bromptonaut
