Warning: arranging to change the ownership of a car on death (or other vehicle) is part of the duties of the executor.
Dealing with vehicles after a death could mean that you have appointed yourself accidentally as the administrator of the whole estate with the consequent duties and liabilities. On death, the ownership of a car or other vehicle will be subject either to the terms of the Will or if there isn’t one, to the Rules of Intestacy: doing anything else could be criminal. Why not check out Do I Need Probate? The value of the vehicle is included in the value of the estate. A car is generally considered a “chattel” and, unless otherwise stated in the Will, would pass to a legal spouse, but not a common law one, should there be one.
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If the vehicle is off-road (or taken off-road), make sure you make a statutory off-road notification(see link below) and check with the insurance company that insurance can be maintained unless it is totally off the road.Remember, you should avoid acting fraudulently if you wish to change the ownership of a car, the value of which is part of the probate process and is ultimately due to a specific beneficiary (as above, typically the legal spouse). Of course, with collections of cars, things may be different; the executor should deal with it, or the next of kin under the Rules of Intestacy (and the firstborn child is no different from the rest in terms of priority.)
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Dealing with vehicles after a death: ALWAYS Check with the insurance company.
- If it is on the road it must be insured – and taxed. A fine or claim for damages may well cost the executor or driver dear. Or it might just get crushed – again, the executor could be financially responsible for making good the loss to beneficiaries.
- Before anyone considers driving the vehicle – it must be insured and taxed, which can be a problem – check carefully with your insurers: if there is any misunderstanding, you could end up uninsured, so please be certain the insurer fully understands the situation. Cover for driving another vehicle on your own insurance policy – should that be allowed – won’t cover it when you are not driving it (i.e. if you leave it parked on the road when you are not using it.)
We are not the DVLA, however – if you want to speak to them about dealing with vehicles after a death, call 0300 790 6802
or just to inform the DVLA of a death CLICK HERE.
Help with Probate Probate Guide Local Information Statutory Off-Road Notification
Stage one, when you need to change the ownership of a car on death, is to use the Tell Us Once Service if it is available locally when you register the death (it takes a little longer, so ask when you make the appointment). Remember that the car will have been insured, and it may well be that the insurance is no longer valid after the death, so it is always best to keep the car off the road until the executor has checked the position with the insurance company. Driving without insurance or keeping a vehicle on the road without insurance and road tax is an offence. Road tax is NOT transferable; you need to stop the old one and start a new one or do a SORN (off-road notification.) You can check whether a vehicle is taxed here. If it is, you need to cancel the old Road Tax and take out a new one – or declare SORN if it is staying off-road – street parking still requires Road Tax and insurance.The DVLA will be alerted to the death by the Tell Us Once Service, but that doesn’t tell them what is going to happen to it. The DVLA needs to be told if it is sold, if you intend to keep it (if only for a while), or if there is perhaps a personalised registration that is to be kept. DO NOT GET PROSECUTED!
Click HERE for your LOCAL Probate & Registration information.
If Tell Us Once isn’t available in your area.
Write to DVLA to tell them a driver has died and that the ownership of the car needs to be changed. Include the person’s driving licence with your letter if you have it. Your letter must include:
- your relationship to the person who died,
- the date they died,
- their name, address and date of birth.
Send the letter to: DVLA Swansea SA99 1AB. You don’t need to send a death certificate.
To change the ownership of the car on death, this is the official line.
If you are Selling the vehicle after a death.
If you have the vehicle log book (V5C).
Write a letter explaining your relationship to the person who died, the date they died and who should be paid any vehicle tax refund. (This would normally go into the estate for subsequent sharing with the beneficiaries.)Send the letter to the DVLA Sensitive Casework Team with the right part of the V5C. The part you send depends on whether you’re selling the vehicle to a private individual or a motor trader.DVLA Sensitive Casework Team, Swansea, SA99 1ZZ.
Selling to a private individual.
- Fill in section 6 of the V5C.
- Give the green ‘new keeper’s details’ slip (V5C/2) to the buyer.
- Send the V5C with your letter to the DVLA Sensitive Casework Team.
Selling to a motor trader.
- Fill in section 9 of the V5C.
- Get the motor trader to sign and date section 9.
- Tear off section 9 and send it with your letter to the DVLA Sensitive Casework Team.
- Give the motor trader the rest of the V5C.
If you don’t have the vehicle log book (V5C).
When you sell the car tell the buyer they’ll need to fill in form V62 to apply for a V5C. There’s a £25 fee at the time of writing.You need to write a letter to the DVLA Sensitive Casework Team to tell them you’ve sold the vehicle. Your letter needs to say:
- The date you sold the vehicle.
- Your relationship to the person who died.
- The date they died.
- Who should be paid any vehicle tax refund?
- The buyer’s name and address.
In effect, this means that there may be difficulty establishing who should in fact be the legal owner, as only the “personal representative” – normally, the person appointed as executor in the Will or the person appointed under Letters of Administration. However, dealing with the issues could mean that you have appointed yourself accidentally as the administrator of the whole estate with the consequent duties and liabilities.
How do I change the ownership of the car on death?
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