Selling a deceased relative's car

[DaveNP]

Originally Posted by pjm84

Correct. It doesn't form part of the estate. The motor vehicle is classed as Chattel.

Sadly I have my late Father's L200 to sell.....

Sorry when I said selling a car was that simple I meant one didn't have to jump through too many hoops with DVLA to do it, but as far as I'm aware whilst the car is classified as a 'Chattel' in England chattels form part of the estate, they may either be left to a specific beneficiary, or specified chattels left to specified beneficiaries, or just be part of the estate to be sold and the resulting monies be distributed as in any will. That sounds convoluted and there may be instances where the estate is relatively small so doesn't require probate and the will or intestacy provisions are relatively simple eg 'it all goes to the wife', but you can't just take and sell off bits, an old Volvo probably won't worry officialdom too much, although it could cause family resentments, but try just taking and selling a 'chattel' such as a Rembrandt painting that hung in the family home and HMRC might take a lot more interest.

[griston64]

Originally Posted by DaveNP

Sorry when I said selling a car was that simple I meant one didn't have to jump through too many hoops with DVLA to do it, but as far as I'm aware whilst the car is classified as a 'Chattel' in England chattels form part of the estate, they may either be left to a specific beneficiary, or specified chattels left to specified beneficiaries, or just be part of the estate to be sold and the resulting monies be distributed as in any will. That sounds convoluted and there may be instances where the estate is relatively small so doesn't require probate and the will or intestacy provisions are relatively simple eg 'it all goes to the wife', but you can't just take and sell off bits, an old Volvo probably won't worry officialdom too much, although it could cause family resentments, but try just taking and selling a 'chattel' such as a Rembrandt painting that hung in the family home and HMRC might take a lot more interest.

In Scotland if it's an excepted estate there is no requirement to fill in the IHT form for HMRC after Dec 2021. It's just a C1 form in Scotland that goes to the Sherriff Court. But as I said earlier if the car belongs to the deceased spouse ( which it does ) none of that is required as it passes automatically to her. As I also said earlier I have been in touch via pm to the OP

[SnineT]

Originally Posted by griston64

In Scotland if it's an excepted estate there is no requirement to fill in the IHT form for HMRC after Dec 2021. It's just a C1 form in Scotland that goes to the Sherriff Court. But as I said earlier if the car belongs to the deceased spouse ( which it does ) none of that is required as it passes automatically to her. As I also said earlier I have been in touch via pm to the OP

At least you've highlighted the crucial element "In Scotland" different rules apply in different places so anyone reading this should ensure they check what's been said by all against their own locality rules.

[griston64]

Originally Posted by SnineT

At least you've highlighted the crucial element "In Scotland" different rules apply in different places so anyone reading this should ensure they check what's been said by all against their own locality rules.

The rule about the Estate going to Spouse automatically is the same in England as well.

I have been an Executor on four occasions ( sadly ) twice for relatives in England and two in Scotland. One of whom lived most of his life in England so his will was registered there but he died in Scotland. That was slightly more involved

[SnineT]

Originally Posted by griston64

The rule about the Estate going to Spouse automatically is the same in England as well.

I have been an Executor on four occasions ( sadly ) twice for relatives in England and two in Scotland. One of whom lived most of his life in England so his will was registered there but he died in Scotland. That was slightly more involved

I believe that is true when passing to wife/husband but not children, children even adult ones I believe must declare these things still and they are then set against the allowances of the deceased, when one dies and then the other follows the unused part of the first dead can be added to the allowance of the second dead so effectively if one left £150k the second may now have an estate of £350k but the spouse/child/beneficiary now has an allowance of £500k against the estate working on the individual £325k allowance.

[griston64]

Originally Posted by SnineT

I believe that is true when passing to wife/husband but not children, children even adult ones I believe must declare these things still and they are then set against the allowances of the deceased, when one dies and then the other follows the unused part of the first dead can be added to the allowance of the second dead so effectively if one left £150k the second may now have an estate of £350k but the spouse/child/beneficiary now has an allowance of £500k against the estate working on the individual £325k allowance.

That's why I said Spouse and didn't mention children as that would imply there was a will with gifts in it. This isn't the case here so all discussions about tax allowances etc is irrelevant

[SnineT]

Originally Posted by griston64

That's why I said Spouse and didn't mention children as that would imply there was a will with gifts in it. This isn't the case here so all discussions about tax allowances etc is irrelevant

I know, I was just adding things that may assist others.

[ITSv40]

This thread is a classic case of the original question not outlining the background facts.

[griston64]

Originally Posted by ITSv40

This thread is a classic case of the original question not outlining the background facts.

Kind of. But I did say a few times that I had spoken to the OP via pm.

Perhaps a classic case of people commenting on threads that they haven't read from the start ?

[SnineT]

Originally Posted by griston64

Kind of. But I did say a few times that I had spoken to the OP via pm.

Perhaps a classic case of people commenting on threads that they haven't read from the start ?

I think he means because the original question was about his responsibilities to the DVLA rather than the probate side of it, as a thread grows it's always going to tangent a bit anyway.