Insuring car as executor

The Shelby Sensation

Is it possible for the executor of a will to take out a comprehensive car insurance policy even though they are not the registered owner of the vehicle? The executor in question is the son of the deceased with the deceased being the registered owner of the car. The vehicle in question forms part of the deceased's estate.

Assuming it is possible to take out such a policy, would there be limitations imposed by the policy on the use of the vehicle by the executor? An example being, if the executor were to use the vehicle to commute to work.

Thanks.

bobbyy gee

You can transfer ownership you might need new tax disc


Ask your insurance can they cover a car not in your name

The Shelby Sensation

bobbyy gee wrote: »

You can transfer ownership you might need new tax disc


Ask your insurance can they cover a car not in your name

I'm not the executor. It's not my insurance company to ask. I don't have an insurance company.

I'm specifically talking about insuring a vehicle that is not in your name as an executor.

Thanks for the response.

Atlantic Dawn

The executor has responsibility for the estate, they should either sell the car and put money in to the estate or put the car in the name of one of the beneificaries of the estate as a proportion of their entitlement of the estate. Makes no sense for it to remain in the name of the deceased and for it to be in use by the executor.

selfbuild17

Atlantic Dawn wrote: »

The executor has responsibility for the estate, they should either sell the car and put money in to the estate or put the car in the name of one of the beneificaries of the estate as a proportion of their entitlement of the estate. Makes no sense for it to remain in the name of the deceased and for it to be in use by the executor.

Thanks don’t think that can do any of that until probate is completed

The Shelby Sensation

Atlantic Dawn wrote: »

The executor has responsibility for the estate, they should either sell the car and put money in to the estate or put the car in the name of one of the beneificaries of the estate as a proportion of their entitlement of the estate. Makes no sense for it to remain in the name of the deceased and for it to be in use by the executor.

It is a bit of a delicate situation. There is some disagreement among the beneficiaries in relation to the car and what is to be done with it. Also as selfbuild17 says there is the matter of probate and I'm unsure how that affects matters.

I don't want to go accusing the executor of abusing his position when he may be perfectly within his rights to do what he is doing.

Cows Go µ

If I remember correctly when I worked in insurance, so long as there were named drivers still living (is spouse or kids) we would change the policy in Reps of the Late and the named drivers could still drive under the policy.

It normally only lasted until renewal though

coylemj

The Shelby Sensation wrote: »

It is a bit of a delicate situation. There is some disagreement among the beneficiaries in relation to the car and what is to be done with it. Also as selfbuild17 says there is the matter of probate and I'm unsure how that affects matters.

I don't want to go accusing the executor of abusing his position when he may be perfectly within his rights to do what he is doing.

The executor can't sell the car until probate is granted so the real question is.... who is paying for that policy?

Del2005

The Shelby Sensation wrote: »

It is a bit of a delicate situation. There is some disagreement among the beneficiaries in relation to the car and what is to be done with it. Also as selfbuild17 says there is the matter of probate and I'm unsure how that affects matters.

I don't want to go accusing the executor of abusing his position when he may be perfectly within his rights to do what he is doing.

IF there are issues with how the car is to be dealt with the executor driving it isn't going to help.

The only way to know for sure if they can insure a vehicle they don't own or have an insurable interest in is the call the deceased and their insurance companies.

The Shelby Sensation

Cows Go µ wrote: »

If I remember correctly when I worked in insurance, so long as there were named drivers still living (is spouse or kids) we would change the policy in Reps of the Late and the named drivers could still drive under the policy.

It normally only lasted until renewal though

That is correct. The deceased's insurance company covered the named drivers until the policy expired which it now has.

coylemj wrote: »

The executor can't sell the car until probate is granted so the real question is.... who is paying for that policy?

He paid for it himself, I believe.

Del2005 wrote: »

IF there are issues with how the car is to be dealt with the executor driving it isn't going to help.

The only way to know for sure if they can insure a vehicle they don't own or have an insurable interest in is the call the deceased and their insurance companies.

It looks like I'll have to do that.

Thanks everyone.

coylemj

coylemj wrote: »

The executor can't sell the car until probate is granted so the real question is.... who is paying for that policy?

The Shelby Sensation wrote: »

He paid for it himself, I believe.

The executor has the option of parking up the car until probate is sorted, then he can sell it. Or he can pay to insure it and drive it himself until probate is granted. In which case the car will be kept in running order and probably be in a better state than if it was parked up for the winter.

You said he took out a fully comp. policy so I can't see any problem with the arrangement. Are the other beneficiaries concerned about depreciation, is this petty jealousy or what's their beef?

Marcusm

coylemj wrote: »

The executor can't sell the car until probate is granted so the real question is.... who is paying for that policy?

The grant of representation is all that could be required for an executor to sell assets but in reality an executor has the ability to deal in the assets, at his own risk, between death and the formal grant of representation.

coylemj

Marcusm wrote: »

The grant of representation is all that could be required for an executor to sell assets but in reality an executor has the ability to deal in the assets, at his own risk, between death and the formal grant of representation.

If the action that you take is at your own risk then you have no legal basis to claim that you have the 'ability' to do it.

Marcusm

coylemj wrote: »

If the action that you take is at your own risk then you have no legal basis to claim that you have the 'ability' to do it.

Ability does not connote entitlement. The point of my initial reply was to point out that you said “probate was granted” which might take some years and is not correct. It is very common for executors to sell assets prior to probate being granted but generally after the grant of representation. In fact, an executor which held onto a wasting asset such as a car while waiting for probate might be challenged that they had not acted to protect the assets.