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It is not uncommon for vehicles to be passed on from generation to generation. But what are the options? The loss of a loved one brings not only grief, but also a lot of paperwork. If the deceased leaves a vehicle, the heirs are Committed, to provide all necessary information as soon as possible.
An unexpected death!
Death is not always announced in advance. When someone dies unexpectedly, there is great sadness. Nevertheless, the bereaved must complete a series of formalities. Among other things, with the vehicle (if any) of the deceased. If the vehicle is a family heirloom, you must before the first ride contact the insurance company and the registration office. Many survivors believe that the car does not have to be re-registered.
Insurance experts, on the other hand, recommend that the bereaved as quickly as possible to take care of the deceased's car. This means that the bereaved Car insurance must inform the vehicle owner of the death of the vehicle owner as soon as possible. The insurance protection remains also exist in the event of death, but if the heir inherits the vehicle, not only does the vehicle owner change, but also the level of insurance coverage.
What should the heir do if grandpa leaves his car?
Of course it is Discount important for the insurance company. A novice driver who takes over Grandpa's car receives not the same discount of possibly 30% as grandpa. Even proof of driving experience is often required. There is no extraordinary termination in the event of death. In a sense, the heir takes on the responsibility of insuring the vehicle. Only if the heir sells the car, extraordinary termination is possible. However, there is a difference: If you have partial or fully comprehensive insurance, this can any time be terminated due to death. In contrast to liability insurance, this type of insurance is not required by law.
Death does not meet the requirements for the extraordinary termination of the contract!
The buyer has all rights and obligations when the heir sells the car. This means that the insurance is only taken over by the buyer once the vehicle has been purchased in a registered manner. The buyer has after the purchase a month timeto change or cancel the insurance. Numerous insurance companies lure the buyers with better contracts and offers in order to keep them as direct customers. The compulsory insurance will only be canceled if the customer reaches the one-month deadline and proves that he already has compulsory insurance with another insurance company. If the heir does not want to sell the car but rather drive it himself, the first step is to go to the vehicle registration office. The heir has the option of having the vehicle in his name to re-register. If he fails to do so, he violates the reporting obligation.
The inherited vehicle is tax-free up to a value of 12.000 euros!
The change of ownership must take place immediately. If this is not the case, the heir breaks the law and thus commits an misdemeanor. The penalty is 15 euros. When re-registering, the certificate of inheritance must be presented not necessary. However, the heir requires one proof of insurance. Theoretically, the eVB number (with seven digits) is sufficient as proof that the holder has current liability insurance. This means that the Heritage need to contact the insurance company. Ultimately, there is no other way to notify the insurance company of the death. Who, by the way, fears that when inheriting a car obligations of any kind are pending, that can be reassured. If the value of the vehicle under 12.000 Euro lies, no taxes apply. This means that the heir will not get into financial difficulties. And the vehicle value rarely exceeds 12.000 euros, especially in the case of inherited cars.
What can you do with the inherited vehicle?
- Own use, overwrite, sell, shut down
Does inheritance tax apply?
- Only if the value is higher than €12.000. The allowance increases the closer the heir was related to the deceased. In the case of spouses, children, grandchildren, it can increase to up to €500.000. The specifications for the allowances come from the Inheritance Tax and Gift Tax Act (ErbStG). A lawyer should carry out the exact calculation of the inheritance tax.
Does the heir have to take over the insurance?
- As mentioned above, there is also car insurance after death of the previous policyholder. First of all, the heir has to take over the insurance. This applies to liability insurance and any partial or fully comprehensive insurance. However, a quick termination is usually uncomplicated.
Adoption of the no-claims classes!
- After the re-registration, the monthly insurance policy can change erhöhen. The reason is the number of claim-free years (no-claims classes). If the deceased had more no-claims classes than the heir, then the heir can use these possibly accept or allow to be taken into account. As a rule, there is a no-claims class from the testator for each year since the heir has had a driver's license. For example, if the deceased had accumulated 25 no-claims classes and the heir had had his driver's license for 15 years, then can receive up to 15 no-claims classes.
Car inherited – register on yourself!
- There is one Re-registration obligation. Violations are considered administrative offences. The previous license plate can continue to be used.
Car inherited without registration!
- If the vehicle registration document or the registration certificate part II is not available, de-registration or re-registration is more difficult. Then he is certificate of inheritance necessary. It must be presented to the vehicle registration office. Then a new vehicle registration document is requested. Also one statutory declaration about the loss of the original vehicle registration document may be necessary. A new application also incurs costs.
Car inherited without a vehicle registration!
- As with the vehicle registration document, the process for the vehicle registration document is almost identical. You have to legitimize yourself at the responsible vehicle registration office and declaration of loss to complete. You may also have to submit an affidavit. Here, too, there are costs for the new application.
Take over existing leasing contract / financing?
- If the deceased's vehicle was financed with a loan, there are several options for how the borrower can deal with it after the death. Is part of the financing Payment protection insurance, then in the event of death all open installments including any final installment will be automatic the ausgeglich. If such a safeguard did not exist, one can Special arrangement and try to sell the car and use the proceeds to pay off the remaining debt. If the car was leased instead, a direct car sale is not feasible. Or only if you buy out the car and thus bring it into your own possession. In principle, the heir is responsible for paying off the remainder of the debt.
Holder does not have to be the owner!
- Rewriting to a new holder says nothing about who the actual owners of the vehicle is. If the deceased left a community of heirs, for example consisting of several heirs with equal rights, then the vehicle also belongs to the community of heirs after the re-registration. The vehicle can then be sold only with consent of all authorized parties according to § 2040 Abs. 1 BGB (Section 2033 (2) of the German Civil Code (BGB)). That community management of heritage can, however, by a majority decision respectively.
A power of attorney can be useful!
- A general power of attorney entitles the person named therein to legal representation. Important transactions can then be concluded in the name of the principal. the General Power of Attorney However, it can only be granted if the person has full legal capacity at the moment of signing. Such General Power of Attorney should always be notarized. Because the notary certifies the legal capacity of the principal. Such general powers of attorney are usually concluded as health care powers of attorney after death. This makes many inheritance decisions easier to make.
Of course, that wasn't the end of it.
tuningblog.eu has a lot of other articles on the subject of auto & tuning in stock. Do you want to see them all? Just click HERE and look around. But also planned changes in the law, violations in road traffic, current regulations in the field of STVO or on the subject inspection we would like to inform you regularly. Everything you can find in the category "Test sites, laws, offenses, information". Following an excerpt of the last information:
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Register the vehicle? You have to pay attention to that!
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Points in Flensburg? The online query at the Federal Motor Transport Authority (KBA)!
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