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Jo C.
Jo C., Barrister
Category: Law
Satisfied Customers: 70204
Experience:  Over 5 years in practice
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My father passed away on July 5th. At the time of his death

Customer Question

My father passed away on July 5th. At the time of his death he owned 2 cars and 2 motorbikes. He left no will so I am in the process of getting probate. However since his death his girlfriend has managed to get hold of all the V5C paperwork and registered them in her name, therefore stopping me from either keeping them in the estate or selling them to fund repairs to his house. Is what she's done legal and can i do anything about it?
Submitted: 2 years ago.
Category: Law
Expert:  Jo C. replied 2 years ago.
Hi.
Thank you for your question. My name is ***** ***** I will try to help with this.
How do you know it was subsequent to his death?
Customer: replied 2 years ago.

Because myself and my brother found all the V5C in my father's house. Somehow she got the paperwork and it's escalated from there

Expert:  Jo C. replied 2 years ago.
How long was he with the girlfriend for?
Did he promise her the motorbikes and the cars?
If he did then she probably has a claim to make against the estate.
If he did not whilst the police will not be interested in the vehicles it would appear that she has stolen the documentation so it would be worthwhile pursuing that with the police and speaking to a senior officer if needed.
You can apply to court for a court order to make her return the paperwork if their efforts with the police fail and a solicitors letter threatening a court application and an application for legal costs may actually avoid the need of going to court.
If it doesn't get her to produce the paperwork so that you can put them back into the to have the matter determined by the judge.
If she can produce something which shows that she paid for these and that she therefore has an interest in them or that she was somehow otherwise entitled to them, she could successfully defend the application to return them.
Whether you proceed therefore in applying to court to get them back really depends on the circumstances surrounding why she simply took these.
Can I clarify anything for you?
Customer: replied 2 years ago.

She has already taken both cars but can't gain access to the bikes, is it possible to re register them in my name

Expert:  Jo C. replied 2 years ago.
You can apply to DVLA for a V5 which will cost about £25 each.
The correct way is the court application.
Jo C. and other Law Specialists are ready to help you
Customer: replied 2 years ago.

Thanks Jo for the answers. I hope i can settle this with the information you have provided

Expert:  Jo C. replied 2 years ago.
No problem and all the best.

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