Car ownership transfer before a will is probated

youtube!

Is it possible for a car owned by a deceased person to be transferred to another person within the family before a will is read out? Or put another way if that person is now driving the vehicle and is the legal owner of said car does this mean that the will has been defintely administered? Is there any way in which the new driver can receive the vehicle on the proviso that they will agree to pay market value for the vehicle if it transpires that they were not actually the willed beneficiary? Thank you.

goz83

The car belongs to whoever it was left to in the will. If the car is not mentioned specifically, it will be included in "assets", or "estate". If the decesed person did not sign the logbook to sell/transfer the car to...lets say you....then you are not the legal owner. The legal owner can sell the vehicle after the will is executed.

Supersonic90

It depends on whether the deceased person, before they died, actually did or said something to transfer the car to you. Say if the deceased person knew they were dying and said that they wanted you to have the car and gave you the keys or a log book to the car (etc...) then the will can't revoke that gift.

But if the car was already mentioned as a gift in the will I'm not sure what would happen there as the will takes effect on death as does the gift made in contemplation of death. However, if the deceased person didn't recall that gift (the car) before they died and since the gift vests immediately, you should get to keep the car. Legal title passes only upon death. This is basically called donatia mortis causa and it's an exception to the rules for creating a will so maybe it(the gift of the car)trumps the will but I'm not 100% sure on that... if the will was contested it would boil down to who has a greater claim to the car- the person in the will or the person who claims the deceased made a gift in contemplation.

goz83

youtube! wrote: »

Thank you. How about the following scenario . The dying owner has signed over the rights of the vehicle before she dies to another family member is it therefore not part of the deceased persons estate but has legally been transferred prior to death? Would that be legal and above board?

I would say that proof would be required in that circumstance if the will was contested. You can't ask a deceased person to tell the allegedly injured party that the car was gifted from a death bed.

It would be different if the vehicle was transferred long before the death. Even if the vehicle was mentioned in the will, that part would be null and void.

ThreeLineWhip

The name on the logbook has no legal significance as it is only the name the government has for the car. The actual owner can be someone else entirely.

NUTLEY BOY

If your friend is not a benificiary there is no formal way of demanding the information from the family or the executor.
Anyway your post implies that she would not get a straight answer!
Get a copy through the Probate Office as that will answer questions.
BTW I hope that whoever is driving is properly insured.