Question re a will?

Buyingcar2012

If a car is left to someone in a will, does the grant of probate need to be taken out before the car can be transferred or sold on?

If the grant of probate is not needed, is it just a case of sending a copy of the will to the Dept of Transport?

Pat Mustard

Buyingcar2012 wrote: »

If a car is left to someone in a will, does the grant of probate need to be taken out before the car can be transferred or sold on?

If the grant of probate is not needed, is it just a case of sending a copy of the will to the Dept of Transport?

This sounds more like a question on the procedure to have a car transferred into a new name. I would suggest that you contact the people in the department of transport.

aujopimur

The excecitor signs the change of ownership on the VRC.

Peregrinus

Yes, you need a grant of probate to get the car registered in the name of the legatee. The executor will sign the trasnfer docs, but in order to show that the executor has the authority to sign them you'll have to produce the grant of probate, and not merely the will.

dazza21ie

Peregrinus wrote: »

Yes, you need a grant of probate to get the car registered in the name of the legatee. The executor will sign the trasnfer docs, but in order to show that the executor has the authority to sign them you'll have to produce the grant of probate, and not merely the will.

I would question this. I think in alot of cases a letter from the acting solicitor is accepted as to who should get the car. I have yet been asked by an executor or beneficiary for a Grant to change ownership of the car.

NUTLEY BOY

Is not the Grant of Probate the only document to give the executor the legal authority to deal with the assets of the estate as distinct from an undertaking from a solicitor?

Munstermissy

My mother was sole beneficiary of my dads estate. My mum doesn't drive so I needed to register car in my name for insurance purposes, etc. All I had to do was get my mum to sign over car to me, no grant of probate required and new registration papers sent to me next day.

Saying that, I live in Shannon where the VRT Department is and popped in to suss out what was required, no issues whatsoever. Maybe give them a ring and explain your situation.

NUTLEY BOY

Interesting point here.
Mum to son was a valid transfer but surely only after Grant of Probate was issued. Otherwise Mum did not have title or right to transfer the car.
Imagine if you had a massive crash and the insurers probed ownership closely. If Mum had no valid authority to transfer ownership of car how can son be said to have acquired good title to the car? If there is no valid title to the car for the son how would insureable interest arise for the car insurance?

Munstermissy

NUTLEY BOY wrote: »

Interesting point here.
Mum to son was a valid transfer but surely only after Grant of Probate was issued. Otherwise Mum did not have title or right to transfer the car.
Imagine if you had a massive crash and the insurers probed ownership closely. If Mum had no valid authority to transfer ownership of car how can son be said to have acquired good title to the car? If there is no valid title to the car for the son how would insureable interest arise for the car insurance?

I was a named driver on my dads policy and rang the insurance company after he passed away late last year and advised them of situation. They let the policy run until expiry date in June whereby I renewed in my own name after car had been transferred without grant of probate.