Deceased Estates & motor vehicles

This information came from www.vicroads.vic.gov.au so if someone at VicRoads tells you something different you need to sort it out with VicRoads.

To locate this information on the VicRoads site, use their search function to search for "deceased estate".

Broadly, there is no duty if:

• "the transfer of registration of a motor vehicle . . . is to a beneficiary of a deceased estate
• "the transfer of registration is to a surviving spouse or de facto who has acquired the vehicle through an entitlement to the estate of the deceased."

 

Inheritance and Trusts

Change of Nominee

Vehicles acquired by minors (under the minimum age to have a vehicle registered in their name), or fire fighting and emergency response vehicles operated by a State Emergency Service or a Country Fire Authority brigade or a municipality, may be registered in the name of a nominee. When VicRoads is advised of a change of nominee for a registered vehicle, a Statutory Declaration or letters from both parties advising of the change of nominee is required.

Any other vehicle currently recorded on the VicRoads database in the name of a nominee cannot be changed into the name of another nominee. The vehicle can be registered only in the name of an individual or an incorporated body. Where this name is already included in the registered operator's field, or where the applicant can provide proof of ownership at the time when the nominee was created, the amendment to the registered operator is to be treated as a no fee transfer.

Any other change in the name of the registered operator will require full transfer requirements to be met. The documents required are:

• a completed and signed Vehicle Registration Transfer form
• a current Certificate of Roadworthiness
• transfer fee
• motor vehicle duty

Deceased Estates

When a transfer application is received for a vehicle being transferred from a deceased estate, VicRoads must be satisfied that:

• the person administering the estate is the legal representative (the executor or administrator of the estate)
• any signature that appears on the seller's portion of the transfer application is that of the legal representative
• be satisfied that the executor or administrator acting in relation to the vehicle transfer has the permission of any other executor or administrator.
  

In the case of an executor of a will, a copy of the section of the will that appoints the executor should be provided, and where an administrator is appointed, the letters of administration granted by the Supreme Court of Victoria should accompany the application.

Where more than one legal representative exists, the person acting in relation to the vehicle is required to provide a letter signed by any other legal representatives nominating the person to act in respect of the vehicle transfer.

Deceased with a will

When a vehicle operator dies leaving a will, transfer of any vehicles registered in the name of the deceased require the following:

(i) if the beneficiary is the surviving spouse or domestic partner*

• proof of death (a copy of the death certificate)
• a copy of the will or a letter from the executor declaring the vehicle is to be transferred to the spouse or domestic partner*
• a completed Vehicle Registration Transfer form, upon which the executor is clearly nominated, signed on behalf of the estate by that executor and noting that the registered operator is deceased.

* For more information about domestic partners, contact VicRoads on 13 11 71.

(ii) if the beneficiary is not the surviving spouse or domestic partner*:

• proof of death (a copy of the death certificate)
• a copy of the will or a letter from the executor declaring the vehicle is to be transferred to the beneficiary
• a completed Vehicle Registration Transfer form, upon which the executor is clearly nominated, signed on behalf of the estate by that executor and noting that the registered operator is deceased
• transfer fee
• a current Certificate of Roadworthiness

 

* For more information about domestic partners, contact VicRoads on 13 11 71.

(iii) if the vehicle is to be temporarily transferred to the executor:

• proof of death (a copy of the death certificate)
• a copy of the will (noting the name of the executor and the date of the will)
• a statutory declaration stating that they are administering the estate, nominating the vehicle number/s and the basis of their authority to dispose of the vehicle/s.

(iv) if the vehicle is to be transferred to any other person:

Transfer to any other person requires all normal transfer requirements to be met

• a completed Vehicle Registration Transfer form, upon which the executor is clearly nominated, signed on behalf of the estate by that executor and noting that the registered operator is deceased
• transfer fee
• a current Certificate of Roadworthiness
• motor vehicle duty.

 

Deceased without a will

In circumstances where a vehicle operator dies without a will, the vehicle may be transferred if the following supporting documents are provided:

(i) To the administrator as a temporary transfer

proof of death (a copy of the death certificate) and a statutory declaration stating that they are administering the estate, nominating the vehicle number/s and the basis of their authority to dispose of the vehicles

 

Letters of Administration.

(ii) To the surviving spouse or domestic partner*:

After the production of Letters of Administration:

a completed application for transfer, upon which the administrator is clearly nominated, signed on behalf of the estate by that administrator and noting that the registered operator is deceased; and a copy of the marriage certificate, or a statutory declaration of a domestic relationship, or a copy of a family court order of a divorce, including court order number and vehicle details.

OR

If Letters of Administration are not available:

proof of death (a copy of the death certificate); and a statutory declaration from the applicant stating that the deceased did not leave a will, that the applicant is the surviving spouse or domestic partner*, and that, under the rules of intestacy, the spouse or domestic partner* is entitled to transfer the specified vehicle into their name; and, included in the statutory declaration, an indemnity in the form shown below:

"I (name of applicant) agree to indemnify the Roads Corporation against any future claims, proceedings and costs arising out of the transfer of vehicle (registration number) from (name of deceased) to (name of applicant)".

* For more information about domestic partners, contact VicRoads on 13 11 71.

(iii) To a beneficiary other than the spouse or domestic partner*

After the production of Letters of Administration:

a completed application for transfer, upon which the administrator is clearly nominated, signed on behalf of the estate by that administrator and noting that the registered operator is deceased; and the transfer fee; and a current Certificate of Roadworthiness.

OR

If Letters of Administration are not available:

proof of death (a copy of the death certificate); and a statutory declaration from the applicant stating that the deceased did not leave a will and that under the rules of intestacy, the applicant is entitled to transfer the specified vehicle into their name; and, included in the statutory declaration, an indemnity in the form shown below:

"I (name of applicant) agree to indemnify the Roads Corporation against any future claims, proceedings and costs arising out of the transfer of vehicle (registration number) from (name of deceased) to (name of applicant)";

and the transfer fee; and a current Certificate of Roadworthiness

* For more information about domestic partners, contact VicRoads on 13 11 71.

(iv) To any other person:

Transfer to any other person requires all normal transfer requirements to be met.

• a completed Vehicle Registration Transfer form, upon which the administrator is clearly nominated, signed on behalf of the estate by that administrator and noting that the registered operator is deceased
• the transfer fee
• a current Certificate of Roadworthiness
• motor vehicle duty

In circumstances where a vehicle operator dies without a will, the vehicle may be transferred if the following supporting documents are provided:

Purchase of vehicles by trusts

When VicRoads receives a transfer application for a vehicle that has been purchased by a Trust, the following items are required:

• a Vehicle Registration Transfer form signed by the nominee or trustee
• transfer fee
• market value declaration
• motor vehicle duty
• a current Certificate of Roadworthiness
• the name and Victorian residential address of the trustee to whom the vehicle is to be registered
• a copy of the Deed of Trust

A trustee may be either a person or an incorporated body. For transfers involving a change of trustee, the current registered operator must be shown on the Deed of Appointment of a New Trustee as the retiring trustee.

Change of Trustee

When VicRoads receives an application for a change of trustee, a copy of the Deed of Appointment of a New Trustee must be provided - statutory declarations are not acceptable.

A trustee may be either a person or an incorporated body. For transfers involving a change of trustee, the current registered operator must be shown on the Deed of Appointment of a New Trustee as the retiring trustee.

It should be noted that full transfer requirements are applicable for transfers from a trustee to a beneficiary of the trust.