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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience:  Over 5 years in practice
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How do i stand my dad gave me his car in 2013 Nov whilst in

Resolved Question:

How do i stand my dad gave me his car in 2013 Nov whilst in hospital.
My dad passed away 2/1/2014 and a will was found being signed by my dad and a neighbour in 1998.
My family are aware of the gift of a P reg Honda civic given to me by dad.
In the will he left his car to my sister and she said she wants to sell it for £200 as she has no money so my brother gave her £200 but she chose to not take it.
Submitted: 3 years ago.
Category: Law
Expert:  Jo C. replied 3 years ago.

Thank you for your question. My name is XXXXX XXXXX I will try to help with this.

Are you asking if you have to return it?
Customer: replied 3 years ago.

Yes as nothing was said when the will was read,


Expert:  Jo C. replied 3 years ago.
If he left the car to your sister in his will, why did he give it to you?

Did he have full mental capacity at the time he gave you the car in November?

Are you saying that your sister wants to sell the car for £200 will not accept £200 from your brother?

Ie, she wants it to go to a completely unrelated third party?

What is to stop you or your brother buying it (leaving the will aside for a moment)?

As the car was given to you allegedly, why did your brother offer her £200?
Customer: replied 3 years ago.

I think he forgot what he had written in this will. He was mentally active and he wanted to help me.

He knew to get rid of the car i had would mean that i had to pay the finance £1000.00 and they took the car back.

I tried to speak to her and she said the car was hers and i asked why she wants it she said to sell it, my dad gave me the car and he told all family members 6 of us.

So as far as knew he gave me the car on the 22nd Nov 2013 but i had to get rid of my car. I insured it on the 18th December 2013 and he asked my sister Lorraine Green one of his excequters to tax it for me for a year which she was going to do which has been done.

My brother Graham Broad another exc wanted the matter dealt with so he said if she wanted £200 he would give her the money.

As far as i am concerned he did not own the car when he died as he gave it to me.

Expert:  Jo C. replied 3 years ago.

You are correct. If he was no longer in possession of whatever he left to someone in his will, the person who has been left the gift, does not get it.

If, for example, he left a house in a will to your sister but had already sold the house, your sister does not get the house!

In this case, he did not sell the car, he gave it away. But legally, it is exactly the same.

The only time there would be an issue with this is if there was no proof that he had given the car to you. However, it appears that all the family know of the gift and the only one who seems to deny it is the sister.

If your brother was willing to give her £200 then she should have accepted it because she is not entitled to anything.

If she feels differently, she is going to have to take you to court but based from the facts above she would lose

Can I clarify anything for you?

Jo C., Barrister
Category: Law
Satisfied Customers: 70003
Experience: Over 5 years in practice
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