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Buachaill, Barrister
Category: Law
Satisfied Customers: 10981
Experience:  Barrister 17 years experience
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Question about selling car before probate

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Question about selling car before probate
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 2 years 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 2 years ago.
The monies would form part of the estate.
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.
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.
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 2 years 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 2 years ago.
Sorry I meant the legal capacity.
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.
6. Legal capacity flows from your position as executor of the will upon death.
Customer: replied 2 years ago.
Can I just ask what your area of speciality is?
7. Please RATE the Answer.
8. My area of speciality is the law of lawyers and also chancery practice. This includes wills and probate.
Customer: replied 2 years ago.
Thank you. Could you email me this coversation?
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 2 years ago.
Okay thanks
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 2 years ago.
Hi. Sorry did I pay you £38.00? I think I may have accidentally tipped you £38 as well.
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.