A relative signed over his car to a friend X before his death ( signed the log book) . It is possible that the relative had requested in a will made some years ago that the car be given to a friend Y. Because he had no time to change his will before passing away he simply signed the log book over to his friend X. Can the original intention made in the will over throw the relatives decision to sign his car over to friend X in the days before his death?
Item in will signed over before death
- Thread starter renard
- Start date
I have no legal expertise whatsoever.
If your relative, before he died signed the car over to friend X, then your relative no longer owns the car, friend X does. How can it be part of your relatives estate ?
Don’t see how it is any different than if your relative sold the car last year on carzone or whatever.
I think the answer to your question is no.
If your relative, before he died signed the car over to friend X, then your relative no longer owns the car, friend X does. How can it be part of your relatives estate ?
Don’t see how it is any different than if your relative sold the car last year on carzone or whatever.
I think the answer to your question is no.
A will "speaks from death", and can only distribute assets owned by the person on the date of death. In the case of a specific devise, e.g. the car in this case, and the person doesn't own the asset at the date of death, then the gift fails altogether - there is no alternative cash value.
Unless of course there was undue influence....
Unless of course there was undue influence....
Thanks Mathepac. Excuse my own lack of knowledge on the matter so do I take it that although the log book was signed etc...that this does not necessarily mean that friend x can take ownership of the car?
What 'other such documentation' might you be referring to?
Thanks in advance.
What 'other such documentation' might you be referring to?
Thanks in advance.
Why does it have to be in writing with a bill of sale?
Surely the fact that the person who is now deceased signed the car legitimately over is enough to end this matter. Why pursue this?
What is the value of the car?
I am simply trying to get confirmation of some kind that my relatives wishes in signing his car over to a friend in a way that he thought was 'the right way about doing it' actually stands.
I have my own car. I just want to be sure that my relatives wishes are granted and that his friend gets the car without any difficulties arising.
The car has a value of around 9k.
I have my own car. I just want to be sure that my relatives wishes are granted and that his friend gets the car without any difficulties arising.
The car has a value of around 9k.
I have the impression that the deceased's intention was clear: he gave the car away during his lifetime, and signed the transfer of ownership documentation to that effect. While the registration certificate is not, on its own, conclusive proof of ownership, it seems clear enough that the owneship did actually pass and the registration certificate records that fact.
On its own, possession of the log book, signed or otherwise does not necessarily transfer beneficial ownership.
A note, a letter, an email saying "I sent the signed log-book to Shannon today. Enjoy the car, it served me well. Regards, The Old Owner" or "I got the logbook in the post from Shannon today. Thanks for looking after that so promptly, Regards, The New Owner." or a receipt "Received from The Buyer, £2-4s-6d for 99-D-12345, signed the seller or a car for sale on adverts or done deal with and Offer and Accepted transactions or a Sold notice displayed.
i said bill of sale or "other such documentation". Why does it need to be in writing? Because contracts usually are, even simple ones.
That is incorrect. Signing the logbook does not necessarily transfer ownership
It seem's that no transfer of ownership document was signed. The logbook is not a transfer of ownership document.
Maybe you should all just consult my key-post on "Selling Your Car" which has stood unchallenged for a few years now - (NOTE: IANAL)
Selective quoting in order to back up a claim that what I said is incorrect is poor form.
In all probability there is no logbook for a vehicle with a value of €9k; the key document is the vehicle registration certificate, and that document includes a section for recording change of ownership which should be signed by the person transferring ownership. Taken in conjunction with other things, such as handing over the keys, it can amount to proof.
+1
There is also a declaration made and signed and dated by both parties that a change of ownership has taken place (part B of the VRC).
Somehow I would tend to think that, that could possibly, all things considered and notwithstanding evidence to the contrary, might tend to be viewed as be sufficient proof of change of ownership.
