Inheriting a car

Gregor Samsa

My mother died a few weeks ago, leaving everything to my father. She had a 03 Focus, and since he doesn’t drive (and has no interest in doing so), he wants me to have it. I was planning on replacing my car this year anyway, but the Focus is a bit small for my needs, so I’ll be selling it (and my current car) and getting something else.

My question is, does the ownership of the car have to pass to my Father, and then to me? It was bought new by her, so doing that would add a extra owner (but non driver) to the car history, not to mention the bureaucracy of submitting the change of ownership forms twice.

We’re in the process of putting her estate into probate at the moment, so I assume nothing can be done with the car until that process is completed.

Has anyone else been in a similar situation?

patrickc

phutyle wrote: »

My mother died a few weeks ago, leaving everything to my father. She had a 03 Focus, and since he doesn’t drive (and has no interest in doing so), he wants me to have it. I was planning on replacing my car this year anyway, but the Focus is a bit small for my needs, so I’ll be selling it (and my current car) and getting something else.

My question is, does the ownership of the car have to pass to my Father, and then to me? It was bought new by her, so doing that would add a extra owner (but non driver) to the car history, not to mention the bureaucracy of submitting the change of ownership forms twice.

We’re in the process of putting her estate into probate at the moment, so I assume nothing can be done with the car until that process is completed.

Has anyone else been in a similar situation?

i presume once your father consents to it, you can just transfer the ownership to yourself, no need to change it to his name then yours.

sorry to hear about your mother

Curran

I would have thought the same as patrickc but perhaps it might be best to send a letter explaining the situation when you are sending off the change of ownership just to make sure there is no red tape!

Also, sorry to hear about your mother, may she RIP.

Alun

Firstly, sorry to hear of your loss.

Why bother transferring the car to your name if you're just then going to sell it? Ownership of the car will, I assume, automatically pass to your father through the will, he sells it (or you sell it for him) and gives you the money .. simpler, no?

Tails142

Is there capital gains tax issues to consider is what I'd be wondering...

Zube

Tails142 wrote: »

Is there capital gains tax issues to consider is what I'd be wondering...

CGT on a car? How?

Gregor Samsa

Alun wrote: »

Firstly, sorry to hear of your loss.

Why bother transferring the car to your name if you're just then going to sell it? Ownership of the car will, I assume, automatically pass to your father through the will, he sells it (or you sell it for him) and gives you the money .. simpler, no?

Well, to complicate things, I was going to drive the Focus for a short while, while I sell my current car and look for a suitable replacement. Although I suppose I could sell the Focus first, which would probably make things easier.

My father isn't up to selling the car himself, so that bit is going to be up to me.

Which brings up another issue. The Focus is currently in Dublin in my father's house, and I live in Clare. My mother's insurance policy is still active on the car (in case anything happens to it while it's parked up). Can I drive it on my own policy (I can drive other people's cars 3rd party - with their consent, which would obviously be an issue), or will I need to transfer my insurance over to drive the car across the country?

There's no issue with CGT or Inheritance Tax, as the relevant thresholds won't be met.

Thank you all for the condolences.

ninty9er

Sorry to hear about your loss.

On the car. I'd imagine the solicitor managing probate could stamp where the owner's signature should go and send an accompanying letter with copy of death certificate, so as not to add another owner unnecessarily.

pyramuid man

Sorry to hear of your loss.
As regards driving it, I would presume that as your father was left the car, he would have power of attorney over it so his permission would suffice.

patrickc

phutyle wrote: »

Well, to complicate things, I was going to drive the Focus for a short while, while I sell my current car and look for a suitable replacement. Although I suppose I could sell the Focus first, which would probably make things easier.

My father isn't up to selling the car himself, so that bit is going to be up to me.

Which brings up another issue. The Focus is currently in Dublin in my father's house, and I live in Clare. My mother's insurance policy is still active on the car (in case anything happens to it while it's parked up). Can I drive it on my own policy (I can drive other people's cars 3rd party - with their consent, which would obviously be an issue), or will I need to transfer my insurance over to drive the car across the country?

There's no issue with CGT or Inheritance Tax, as the relevant thresholds won't be met.

Thank you all for the condolences.

be careful with the insuarance thing, because the policy may not be active as she is deceased (sorry to be blunt)

L-M

Hiya, sorry to hear of ur loss.

When a family friend died, the brother in law bought his bike off him. A friend of the man who died sold the bike for him, no need to transfer any ownership until it was sold on. I think u can just keep the tax book in ur mother name until u sell it on to some1 else. Hope this helps

Jo King

Sorry to hear of your loss.

The car will devolve to the executor who is now the legal owner. The insurance policy will have lapsed on the death of your mother. Your own insurance will cover you while you are not the owner (check with your insurer). There is no need to register new owners. The executor can transfer the car to the purchaser. Your father can simply make you a gift of the proceeds of the sale which he will receive from the executor. Tax problems will only arise if there are large aggregate gifts from your parents.