My brother dies intestate, and of course his motor vehicle is part of his estate. My other brother is trying to transfer registration (and therefore ownership) into his name, in spite of the fact that there are no letters of administration even applied for. Roads & Maritime are aware of the fact. Question is: can my brother be charged for even trying to defraud my late brother's estate, and given his efforts, can he be excluded from administering the estate? Tks
NSW Intestate estate
- Thread starter Knightmare
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- estate
Dear Knightmare,
No. If your other brother is the administrator of the estate then the transfer of car ownership to him in the capacity of the administrator of the estate can be done before letter of administration has been granted. I think RTA would accept a statutory declaration from you brother. If you object to your other brother in this regard you should notify RTA asap of this objection but RTA’s obligations are fairly low.
You may need legal advice.
Good luck!
-Nighthelyn
No. If your other brother is the administrator of the estate then the transfer of car ownership to him in the capacity of the administrator of the estate can be done before letter of administration has been granted. I think RTA would accept a statutory declaration from you brother. If you object to your other brother in this regard you should notify RTA asap of this objection but RTA’s obligations are fairly low.
You may need legal advice.
Good luck!
-Nighthelyn
