Is it illegal to drive a car registered to a deceased person?

Is it illegal to drive a car registered to a deceased person?

The short answer is: yes. The law may differ slightly from state to state/territory but essentially the same principle applies: if the registered owner/operator of a vehicle dies, the registration must be transferred to a new registered operator or cancelled before it is driven on a road or a road-related area (i.e. a driveway, service station or shopping centre).

How long can you drive a deceased person's car?

You are not legally allowed to drive a deceased person's car if it is still registered to the deceased person. Again, for those in the cheap seats, if the registered owner/operator of a vehicle dies, the registration must be transferred to a new registered operator or cancelled before it is driven on a road or a road-related area (i.e. a driveway, service station or shopping centre).

What happens if you drive a deceased person's car?

It doesn’t matter if you’re family, a family friend, the spouse or the favourite child of the deceased person and/or the executor of their will, if you’re caught driving a car that is registered to a deceased person then you may face a fine or penalty.

Just don’t do it.

You’re much better off transferring ownership of the vehicle or vehicles in question if you have the authority to do so via the will or probate documents.

In order to transfer ownership of the deceased’s vehicle, head to the appropriate service centre in your state or territory, taking with you proof of identity, the deceased individual’s death certificate and a range of other official documents, which may vary depending on your state/territory and your circumstances.

In NSW, you are required to visit a NSW service centre in person and show proof of your identity, the deceased person’s death certificate, a completed Application for Transfer of Registration, and either the death certificate (original or copy), newspaper death notice, online newspaper notification (the live link), a letter from a solicitor or the NSW Trustee and Guardian advising that the person is deceased, a completed Advice of Death – PDF together with a proof of identity document of the deceased additional documents depending on whether there is a will or not – and – or in the case of a missing person presumed deceased, a 'Presumption of Death Order' issued by the Supreme Court (original or copy).

If there is a will and ownership of the vehicle in question is being transferred to the beneficiary or executor, a copy of the relevant section of the will or probate document, or a signed, written advice from a solicitor or NSW Trustee and Guardian must be submitted to the appropriate government department and the document or documents must name the new operator as the beneficiary or executor. So, the onus is on you.

These processes are in place to avoid fraudulent or malicious dealings with the deceased person’s estate and unauthorised transfers by a registered operator on the basis that they’re deceased when they’re not. Naughty.

Also, take note. Stamp duty and transfer fees do not apply, in NSW at least, if the vehicle is transferred into the name of a beneficiary or executor nominated in the will, the administrator of the estate, the surviving joint operator, the next of kin, or a different proven beneficiary in a subsequent transfer.

For example, if the registration is transferred into the name of a person, and then subsequently transferred to a different proven beneficiary.

Fees may apply if there is a change of registration usage – for example, changing from pensioner concession to private usage.

If the vehicle is disposed of or sold without being transferred to a person named in a will or other acceptable document, the new operator must meet the usual requirements to transfer the registration.

Don’t forget, any licence or licences of the deceased person must be cancelled.

If there is no will, the vehicle in question may be transferred to the administrator of the estate or to the surviving joint operator or next of kin. Both of those circumstances require their own range of official forms, including a Statutory Declaration and other supporting documents.

Do the rules differ from state to state in Australia?

Not really – there are only slight variations in terms of what’s required of the party or parties who are responsible for the cancellation or transfer of ownership of the deceased person’s vehicle as per their duties with regards to the execution of the will or probate documents. (Yep, that’s my version of over-worded legalese.)

It doesn’t matter if you’re the spouse or child of the deceased person and no matter whether you reside in, or the deceased resided in, NSW, Vic, Qld or any other state or territory, the law is the law: if the registered owner/operator of a vehicle has died, the registration must be transferred to a new registered operator or cancelled before it is driven on a road or a road-related area (i.e. a driveway, service station or shopping centre).

If you need to move the vehicle before registration is transferred it will have to be towed or transported.