Power Of Attorney

[Richard A Thackeray]

Due to a recent (close) family death, we have to see a car, registered in the deceased name
My wife has Power Of Attorney over his affairs, so;

Do we have to re-register the car in her name??, whiich is probably an issue, as he can't countersign the V5

OR, as she has 'control', can she just sell it, possibly for ease, to 'We Buy Any Car' (etc...) & show them her 'P O A' paperwork??

 

[Psamathe]

My understanding is Power of Attorney ends when the individual dies. Executors take on managing everything (executors may be different people).

Power of Attorney paperwork is void and authorises nothing after individual has died.

At least my understanding based on personal experience from a few years ago.

Ian

 

[DCLane]

Agree with @Psamathe - it's the executor(s) who should be handling that. If that's your wife, then yes to the sale and with paperwork.

You may get a better price with a private sale but that's messier.

 

[geocycle]

I think @Psamathe is correct. The car is part of the estate of the deceased and I am pretty sure you would need the death certificate if not probate to sell it.

Useful link here:

https://www.gov.uk/tell-dvla-about-bereavement/selling-the-vehicle

 

[presta]

As executor, I registered my father's car in my name without any difficulty after he died, although on reflection, I'm not sure I needed to. Presumably I used the death certificate, but I don't remember. The solicitor didn't give the go ahead to sell it until probate was granted.

 

[Psamathe]

The car is part of the estate of the deceased and I am pretty sure you would need the death certificate if not probate to sell it.

I think it's probate as HMRC don't allow you to dispose of assets to pay any inheritance tax due. There are some weird ways round the method of raising funds to pay of inheritance tax eg certain savings accounts (eg some NS&I) accounts can be signed over so HMRC take any tax due direct from the account- but that will come fown to accountants/legal who will be submitting for probate and their estimates, etc. and I'm a bit out of my depth at this point.

Ian

 

[DCLane]

@Psamathe - probate tackles the financial side if over a certain limit from savings with financial institution(s) (who have their own erratic limits) or the total. As executor I was able to do the rest of the bequests from my mum's estate before probate was finalised. This would (probably) come under that but the deceaseds solicitor can advise the executor accordingly.

With my mum's car it was registered into my name as the beneficiaries don't need / can't use a car yet and it's here until they do.

 

[annedonnelly]

Doesn't Power of Attorney only last while the person is alive, but not able to manage things themself?

As others have said you probably need probate or a Letter of Administration. I sorted all my father's estate - because it was below a certain limit it didn't go to probate and everyone simply wanted to see a copy of the death certificate and the letter of administration.

 

[Richard A Thackeray]

Thanks folks, we'll look into it a bit closer

 

[PaulSB]

I've recently completed my POA. It's quite clear, the POA is valid while I'm alive, on my death the will kicks in.

You cannot legally sell the car as it's part of the estate.

 

[fossyant]

We put POA into action after FIL died as MIL didn't want anything to do with her Finances, like paying bills, so we were 'forced' into getting something in place fast. I completed all four forms (did the Finance and Health) online and printed everything for a witness to sign as well as 'the family'. It was still difficult as we still had to get MIL to agree 'over the phone' with utilities - i.e. they insisted speaking to her - she didn't want to listen and just said yes to them. It was a hard time for my wife (her other two sisters didn't get involved) but at least we knew her bills were paid and she could live comfortably.

We've suggested my mum and dad put it in action, and one of my sisters has said she'll 'take control' - nothing's happened.

 

[wiggydiggy]

Thanks folks, we'll look into it a bit closer

Just an FYI the office of the public guardian has been snowed under for over a year with requests. Send the POA documents for the deceased to them for cancellation but you might not hear anything back for months.

We put POA into action after FIL died as MIL didn't want anything to do with her Finances, like paying bills, so we were 'forced' into getting something in place fast. I completed all four forms (did the Finance and Health) online and printed everything for a witness to sign as well as 'the family'. It was still difficult as we still had to get MIL to agree 'over the phone' with utilities - i.e. they insisted speaking to her - she didn't want to listen and just said yes to them. It was a hard time for my wife (her other two sisters didn't get involved) but at least we knew her bills were paid and she could live comfortably.

We've suggested my mum and dad put it in action, and one of my sisters has said she'll 'take control' - nothing's happened.

Some companies have no idea what POA, or worse, they do and act on their own devices regardless. I've had (well the attorney has anyway 😉) over £250 in compensation from various places as I always complain when they cock it up.