How Long Can You Drive a Deceased Person’s Car?
In Australia, you can drive a deceased person’s car temporarily if it is still registered and insured.
However, you should transfer the car’s ownership to the deceased’s estate or a beneficiary as soon as possible.
Driving it without transferring ownership or ensuring proper insurance can lead to legal issues, especially if there’s an accident.
Understanding the Legal Process
When someone dies, their assets, including their car, become part of their estate. The executor of the estate handles transferring these assets.
If the car is registered and insured, family members or the executor can drive it temporarily.
Each state has different requirements, so check local regulations.
Key Tip: You can temporarily drive a deceased person’s car if it is insured and registered, but transfer it soon.
Registration and Insurance Considerations
The car must be registered and insured to be driven legally. If the deceased’s car insurance is still active, it may cover temporary use by a family member or executor.
However, some policies expire upon the policyholder’s death, so check with the insurer. Driving an uninsured car is illegal and risky.
The registration can stay active for a short period but must be transferred to the executor or a beneficiary once the estate is settled.
Key Tip: Make sure the car is registered and insured before driving it, and confirm insurance coverage after the owner’s death.
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Transferring Ownership of the Vehicle
You need to transfer the car from the deceased’s name to a beneficiary or the executor. This involves submitting a death certificate, probate documents, and the car’s registration papers to the local road transport authority. The timeline varies by state, but do it promptly to avoid legal issues.
Driving the car temporarily before transfer is usually allowed, but don’t delay the transfer for too long. The executor typically handles this process.
Key Tip: Transfer the car soon after the owner’s death by submitting the necessary documents.
Risks of Driving a Deceased Person’s Car
Driving a deceased person’s car without proper insurance or registration can lead to serious legal issues.
If the car is involved in an accident, it may cause disputes with insurance companies or personal liability for the driver. Driving an unregistered or uninsured car is illegal and can result in fines.
Using the car for extended periods without formalising the transfer can cause problems during probate, especially with multiple beneficiaries.
Key Tip Driving without proper registration and insurance can lead to legal and financial risks.
Summary
You can drive a deceased person’s car temporarily if it’s registered and insured, but transfer ownership to the executor or a beneficiary as soon as possible.
Ensure the registration and insurance are up to date before using the car, and act quickly to avoid legal complications.
