How to legally remove a vehicle belonging to a deceased lodger?

Reply to the comment left by REB at 30/03/2023 - 10:26
Hi Reb
How can i press this, ie to sell on? She was determined to drive off with the car and not liaise with me, less make an attempt to offer me a monetary recompense. Ruined John Lewis's bed, deep mattress, 4 quality pillows ditto Egyptian cotton bedding to designer silk style lamp shade which she observed i could simply buy another somewhere. Very peculiar, no embarrassment.
Is this using the v62 form?

You have nothing to confirm that she is the executor. It certainly does not appear as if she is acting properly as an executor.
You have a duty to protect the assets belonging to the deceased left with you. Secure them and ask her to provide you with evidence that she is appointed executor.
You could be liable if you let her take the car (or anything else) and it transpires she has no right to do so.

I wouldn't expect a quick outcome to this, so you have to decide on your priorities.
I would assume you want the vehicle gone first, and then you can attempt to recover any costs later.
Probate takes several months to get, and the executors hands are somewhat tied before then. She has no access to his bank funds (other than the bank will pay funeral invoices).
Similarly the DVLA may not send correct documents if there is irregularity with the vehicle, and can take months to sort out issues.
Given that you have her contact details and she seemed to want to take the car, I would let her, by helping to charge the battery or giving a jump start if needed. Then one of your issues is sorted. Otherwise a scrap merchant or garage will require the V5 before they take it away. I don't know what your chances are of getting that.

Once she has Probate she can settle his debts, so ensure that you both have a copy of an invoice made out to the 'executor of xxx Estate'.
I dealt with a similar situation recently where the executor was the 'Co-op' who turned round after 3-4 months of chasing, and said they weren't going to be dealing with the estate as there wasn't enough money in it to pay their fees - shocking! - they didn't have the decency to even do the basics and cancel the bills etc, let alone move the car from its private parking spot. Luckily someone else stepped in and offered to store the car elsewhere till it was all sorted. Theoretically the executors permission was needed to do anything, but seeing as they weren't interested, that's what happened. I have no idea how long it took to resolve after that.

Reply re KD
From what has been said the person claiming to be the executor appears to have no intention of dealing with the debts. There is no indication that she is even attempting to obtain probate (in most cases not required for a small estate). What happens if she collects any funds and that is the last that is heard from her? Why should the lien on the vehicle (the only asset mentioned) be given up by handing the vehicle back. Additionally, as I have pointed out previously the landlord is the 'bailee in possession' and has duties and obligations. What happens if he gives the vehicle to one person and another comes along later and claims it? If the vehicle has any value I suggest moving it (by trailer) to a place of safety (the cost can be added to the amount claimed). Sort out the damage to the premises (ensuring all the bills/receipts are kept safely, then present the 'executor' with the bill (this assumes the 'tenancy' paperwork is in order). Also re a previous comment arranging the funeral does not imply that anyone is the executor. Arranging the funeral is an entirely unconnected matter.

Welcome to 1st April folks!

Reply to the comment left by REB at 01/04/2023 - 09:01
I have just picked up a text from the wife wanting to collect the vehicle and allowing someone to drive up to Guildford with jump leads, no mention of financial settlement !

Is it best i now request she first produce documentation confirming her being the executor of the his estate and relationship / ownership to and of the vehicle?
She want someone to come Monday tomorrow which is not posssible for me.

Do you want it moved, or do you want it left there and your future lodger/tenant can't use the space?
You can ask to see proof of who the executor is.
If it's her, then give her an invoice for the damages to your property and tell her it's her legal responsibility to settle debts to the estate.
If he has enough assets it will go to probate and that will take time.

Send her a text telling her not to send anyone to collect and asking for her address (unless you already have the address). Then send a letter asking her to provide you with evidence that she is the executor and that she has rights to the vehicle (it will be interesting to see how she describes the vehicle in the light of the number plate situation).
Make sure the car is secure and can't be interfered with.
At a later date you can write again and set out how much you are owed (initially you can include an accurate total figure at a later date you will probably need to provide full details supported with evidence). State the vehicle has been stored on your property by your lodger/tenant as a part of the arrangements that you had with the deceased and you will not release it until you are paid what is owed.
What you need is to get to a 'deal'. This will probably relate to how much you are claiming and the value of the vehicle.

Reply to the comment left by REB at 02/04/2023 - 18:19
I have sent her the text and am about to print off letter to her and 2 letters in post to her via post office ising Certificate of Posting. Until now we have used first names in our communications except in the instance :-when reading through/altering/signing and exchanging my initial claim for damages on his estate via her and her address, whereupon she struck out (presumably) her maiden name and altered it to her married name.
Which name should I now use to send letter requiring her documentary evidence she is the Executor of his Estate ie send 4 x letters or 2x letters using the one she used on my initial claim list?

Hi Amina,
This site is not designed to provide blow by blow help as you are requesting. It is opinions by the various contributors and sharing knowledge. Neither I nor anyone else contributing has full knowledge of all aspects of the matter and this may mean there are unknown factors to take into account. In terms of the name to use - how did you learn the name initially? You say you wrote using her mainden name. Why? Is that how you knew her or how she first wrote to you? So far as I am aware you have not seen a marriage certificate and do not know if she was married to your tenant/lodger or if so whether they may have been divorced. I don't know what you mean about 2x or 4x letters at this time. If she has written to you then use the name by which she has written. However, you are going too slowly. You need to write immediately asking her to show you on what authority she is dealing with the deceased person's affairs and requesting documentary evidence of any right that she asserts. This should have been your very first communication. I also think that as you seem very uncertain you would be better served by consulting a solicitor when you receive a reply from her. Remember that if you give up your tenant/lodgers possessions to the wrong person you may be liable to the person properly entitled to them.