Automotive

Complicated Estate Situation - Advice Greatly Appreciated

  • Last Updated:
  • Jan 13th, 2019 6:31 pm
[OP]
Newbie
Mar 13, 2014
2 posts
Toronto

Complicated Estate Situation - Advice Greatly Appreciated

Hey everyone,

I have a situation that I am having a hard time figuring out and would love some input from people who are more knowledgable in this area than I am.

Backstory:
  • My Grandpa passed away in July, 2018.
  • My Aunt is the executor on the will.
  • Grandpa's car (2014 Chevrolet Cruze LT) is to be my inheritance and will be gifted to me from the Estate by the Executor (my Aunt)
  • The car is registered to the Estate (it was transferred from my Grandpa's name recently so that we could renew the plates as they expired in December)
  • I drove the car back to BC (where I live) from Ontario (where the car is registered and my Grandpa and Aunt lived/live)
  • The car cannot be transferred into my name until the Grant of Probate has passed through the Ontario court system - this can take an indeterminate amount of time and is generally just an awful process
  • My Grandpa had paid for a year of insurance before he passed and my Aunty contacted the insurance company and they have agreed to insure the car as if my Grandpa had just loaned it out to me. This insurance runs out on January 31st and they will not renew it because the car is being driven out of province (in BC)
  • We have no way to get the car back to Ontario (nor do we want to spend that money) to get it re-insured by the current insurance company
Question:

What I am hoping to find through the wisdom of this forum is an Ontario insurance company who will insure the car for us while it is residing out of province and in the name of an Estate. In all likelihood we could have the Grant of Probate before the end of January, but there is also the chance that we don't get it until Feb, Mar, Apr or who knows when. I really don't want to have to go out and buy a $500 clunker to drive around until I can legally be considered the owner of the car I've been driving (and enjoying) since July. Can anyone think of an insurance company in Ontario that would potentially insure us in this situation?

Thank you so much if you made it this far into the post, I know it's a long one!

Cheers,

Derek
7 replies
Sr. Member
Apr 6, 2008
773 posts
333 upvotes
From an insurance standpoint, you can't have the car insured primarily by someone who's deceased. You also can't be the secondary driver if you are driving it all the time. Assuming it is insured and plated in BC, under his name, I don't see it being feasible to do it legally. You could insure it under your name with an Ontario policy (as you only need a VIN number) but if you got into an accident and its registered to him, insurance may be voided. I would just deal with it until the car is properly yours because if something bad were to happen, doubtful you would be covered.
Deal Addict
Sep 8, 2017
1370 posts
1265 upvotes
GTA
My experience in Ontario has been that you cannot insure a car that's not registered to you. I'm sure the same thing holds in BC. You're probably just going to have to wait until the government does their thing.
Deal Addict
Nov 2, 2011
2144 posts
802 upvotes
How could you have driven a vehicle insured by someone who is deceased across the country and continue to drive it??? If anything the insurance company should have refunded the difference to the estate.
Sr. Member
Jan 19, 2008
998 posts
492 upvotes
Etobicoke
It's not that complicated. You wait until you clear probate, then the car will be yours to own and insure under your name. In the meantime, you walk or take transit.
Penalty Box
Dec 27, 2013
7919 posts
3785 upvotes
Toronto
ah, good old estate issues.. Where the survivors want their piece of the pie before anything has been done...
key word is patience
Member
Mar 1, 2002
203 posts
56 upvotes
Your aunt needs to talk to an insurance broker in Ontario.
Deal Addict
Jan 15, 2017
1860 posts
1276 upvotes
Your Aunt should read up on her role as Executor as she should have never allowed that vehicle to be driven out of province by you. If you should have an accident, the outcome could put the entire estate at risk. As Executor, your Aunt's role is to protect the estate and not put it at risk.

You should park that car until it can legally be transferred to you. If your Aunt is unable to have it insured while it is parked in BC, your aunt will have no choice but to have it shipped back to ON so it can be safely stored and insured.

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