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Ask Clare Your Own Question
Clare
Clare, Solicitor
Category: Law
Satisfied Customers: 34236
Experience:  I have been a solicitor in High Street Practice since 1985 with a wide general experience.
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I have a situation where myself and my husband were

Resolved Question:

I have a situation where myself and my husband were separated in Jan 2016 but it happened that my husband passed away in May 2016. We had a property in joint names so the property comes to me automatically, but i now have 2 cars on the property driveway registered under my husbands name. I have asked the administrator of the will that is my brother in law to take the cars off the driveway, but he does not seem to take any cause of action.
What can i do as a landlord to get the cars off the driveway or what does the law state
Submitted: 11 months ago.
Category: Law
Customer: replied 11 months ago.
Posted by JustAnswer at customer's request) Hello. I would like to request the following Expert Service(s) from you: Live Phone Call. Let me know if you need more information, or send me the service offer(s) so we can proceed.
Expert:  Clare replied 11 months ago.

Thank you for your question

My name is Clare

I shall do my best to help you but I need some further information first

Do you know what the Will actually provides for?

Customer: replied 11 months ago.
The will states that my brother-in-law shall distribute the residual gift according to his own free will
Expert:  Clare replied 11 months ago.

Has he obtained Probate of the Will?

Customer: replied 11 months ago.
Doesn't look like as I had lodged a caveat through my local solicitors and have not heard anything as yet
Expert:  Clare replied 11 months ago.

Why have you lodged a Caveat?

Customer: replied 11 months ago.
My solicitor advised me to do so
Expert:  Clare replied 11 months ago.

What other assets are there - given that you have the house?

Customer: replied 11 months ago.
No other major asset the 2 cars.
My husband has a life policy in his name but I understand that it is in trust now and my brother-in-law is the trustee
Customer: replied 11 months ago.
My main concern is to get the cars of my driveway
Expert:  Clare replied 11 months ago.

The problem is that with the Caveat in place the Executor of the Will cannot obtain Probate and cannot dispose of the cars.

Since there are no other assets there appears to be nothing to gain from the Caveat and it would be worth offering to lift it in return for the removal of the cars.

If the Caveat is lifted and he still fails to remove them then you can write and give him notice of your intention to arrange for their collection and disposal and that you will account to him for any profit after the costs of disposal have been taken into account

I hope that this is of assistance - please ask if you need further details

Clare and other Law Specialists are ready to help you