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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10527
Experience:  Barrister 17 years experience
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Question about selling car before probate

Customer Question

Question about selling car before probate
Submitted: 1 year ago.
Category: Law
Expert:  Buachaill replied 1 year ago.
1. What is your question? Is it the car of the deceased you wish to sell? Has probate been extracted? What is the delay in probate being extracted? is the intention to pay the monies into the estate of the deceased?
Customer: replied 1 year ago.
Hi. Just gathering info to fill in forms and then will get probate. Have a buyer for the deceased car. I am a joint executor. Can I legally transfer ownership of car by providing a receipt without having the Grant of Probate. Would this be a valid contract. My concern is we sell the car and the new buyer has an accident. Could he say we had no legal capacity to sell the car and consequently we are liable. Thanks
Customer: replied 1 year ago.
The monies would form part of the estate.
Expert:  Buachaill replied 1 year ago.
2. There are two aspects to this question. Firstly, you can as executor act in the name of the estate so long as you subsequently extract Probate and retroactively validate your own actions as executor. All executors do this by paying the deceased's funeral expenses out of the deceased's funds. So this is possible.
Expert:  Buachaill replied 1 year ago.
3. The second aspect of the question is whether the estate can be made liable after it has sold the car. Here the answer is No, as once something has been sold, then that is the end of matters. The onus is on the new purchaser to insure the car and to safely drive it. Liability cannot revert back upon the person or estate which sold him the car.
Expert:  Buachaill replied 1 year ago.
4. It makes no difference that probate might not have been extracted. The sale is good so long as the executor validates it by taking out probate and including the monies in the estate.
Customer: replied 1 year ago.
So basically do you say I have the lead capacity to sell the car. Should the second executor also sign the bill for sale?
Customer: replied 1 year ago.
Sorry I meant the legal capacity.
Expert:  Buachaill replied 1 year ago.
5. Yes, you have the legal capacity to sell the car. There is no need to get the other executor to also sign the bill for sale as the actions of one executor bind the estate. There is no need for a second executor to also sign.
Expert:  Buachaill replied 1 year ago.
6. Legal capacity flows from your position as executor of the will upon death.
Customer: replied 1 year ago.
Can I just ask what your area of speciality is?
Expert:  Buachaill replied 1 year ago.
7. Please RATE the Answer.
Expert:  Buachaill replied 1 year ago.
8. My area of speciality is the law of lawyers and also chancery practice. This includes wills and probate.
Customer: replied 1 year ago.
Thank you. Could you email me this coversation?
Expert:  Buachaill replied 1 year ago.
9. I regret to say I cannot email you this conversation. This is purely a question and answer forum. I would suggest you seek to copy it onto email yourself.
Buachaill and other Law Specialists are ready to help you
Customer: replied 1 year ago.
Okay thanks
Expert:  Buachaill replied 1 year ago.
10. Please RATE the Answer as unless you RATE the Answer your Expert receives none of the money you have paid the website so there is no incentive to answer any further questions.
Customer: replied 1 year ago.
Hi. Sorry did I pay you £38.00? I think I may have accidentally tipped you £38 as well.
Expert:  Buachaill replied 1 year ago.
11. Yes, you paid me the original question amount and you tipped me as well with a bonus. If you want this reversed, speak with Customer Services. They will sort out a refund of the bonus for you.

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