Deceased estates

The following information is offered regarding licences, vehicles and vessels a deceased person may have held.

  Surrender of driver's licence document: Deceased estate

The Department of Transport recognises that the death of a relative or friend is a difficult time. Births, Deaths and Marriages WA periodically notify the Department of recorded deaths in WA. A certified copy of the death certificate can also be presented at a Driver and Vehicle Services (DVS) centre, regional Department of Transport office or authorised agent.

  • The deceased person's driver's licence will be updated so that no correspondence is sent to the deceased person.
  • The Driver's licence document may be surrendered by the next of kin or executor of the estate.

Surrendering a driver's licence document

You can return the Driver's licence document at any Driver and Vehicle Services Centre or regional Agent

Application for refund

In the case of a deceased estate, the next of kin or executor can make an application for refund of the remaining part of the driver's licence fee paid.

When the Department of Transport approves a refund for any transaction relating to a deceased person, that refund must be issued in the name of the deceased person's estate.

Further information

Please refer to our page on Driver licence fees and payments

For information about transferring of Vehicle licences that are part of a deceased estate please refer to our page on Transfer by court order or deceased estate (vehicles)

  Transfer of vehicle licence: Deceased estate

It will not always be necessary to make an application to the Supreme Court for a grant of Probate or Letters of Administration before a vehicle licence can be transferred from the name of a deceased licence holder.

However, where Probate or Letters of Administration have been granted or obtained from the Supreme Court, a true copy must be provided before a vehicle licence will be transferred to the executor or administrator of the deceased's estate or to another person at the direction of the executor or administrator.

If you are unsure as to whether to obtain a grant or if you require further assistance regarding the deceased's estate you should consider contacting the following:

  • Citizens Advice Bureau.
  • Community Legal Centres.
  • Law Society - for legal assistance or help to find a lawyer.
  • Supreme Court of Western Australia - for probate information.

Driver and Vehicle Services and the Probate Office of the Supreme Court cannot provide you with legal advice regarding these matters.

Transfer: Beneficiary of a Will

If transferring a vehicle licence from a deceased estate to a beneficiary under the terms of a will, the beneficiary must supply the current licence papers (if available) and a 'Statutory Declaration Deceased Estates' (Form MR172) completed by the Executor or Administrator of the Estate. The beneficiary will pay a transfer fee and a reduced rate of vehicle licence duty.

Transfer: Non-beneficiary of a Will

If transferring a vehicle licence from a deceased estate to a non-beneficiary under the terms of a will, the non-beneficiary must supply the current licence papers (if available) and a 'Statutory Declaration Deceased Estates' (Form MR172) completed by the Executor or Administrator of the Estate. The non-beneficiary will pay a transfer fee and the full rate of vehicle licence duty.

LBU_F_DL_SD_MR172_DeceasedEstates.pdf icon Statutory declaration: Deceased estates (Form MR172) Kb
Opens in a new window Citizens Advice Bureau (WA)
Opens in a new window Community Legal Centres Association WA
Opens in a new window Law Society of Western Australia
Opens in a new window Supreme Court of Western Australia

  Transfer of vehicle licence: Intestate

Transfer to beneficiary (next of kin): Intestate

If a vehicle licence holder dies intestate (without a will) and the beneficiary (next of kin) wishes for the vehicle licence to be transferred into their name, they must supply the current licence documents (if available) and a completed 'Statutory Declaration - Deceased Estates' (Form MR172)

The transfer fee and a nominal rate of vehicle licence duty are payable.

Under the provisions of the Administration Act 1903, a de facto partner is now recognised as having equal status as that of a husband or wife if the de facto partner and the licence holder lived as de facto partners for a period of at least 2 years immediately before the death of the licence holder.

If a vehicle licence holder dies intestate (without a will) and the deceased person's de facto partner wishes for the vehicle licence to be transferred into their name, they must supply a completed 'Statutory Declaration- Deceased Estates' form (MR172).

Transfer to other than beneficiary (next of kin): intestate

If a vehicle licence holder dies intestate (without a will) and the beneficiary (next of kin) wishes to sell the vehicle, the person who acquires the vehicle must present current licence documents (if available) and a completed 'Statutory Declaration - Deceased Estates' (Form MR172) or (Form MR9) completed by the beneficiary (next of kin).

The beneficiary must record the seller's details as Estate of (insert full name) on the MR9 and endorse beneficiary (next of kin) above their signature in the seller's signature box. The person who acquires the vehicle will be required to pay the full vehicle licence duty and transfer fees.

LBU_F_VL_MR9_VehicleTransfer.pdf icon Notification of change of vehicle ownership (Form MR9) Kb
LBU_F_DL_SD_MR172_DeceasedEstates.pdf icon Statutory declaration: Deceased estates (Form MR172) Kb
LBU_F_VL_50_VehicleDeclaration.pdf icon Vehicle ownership declaration: Statutory declaration (Form VL50) Kb
LBU_F_VL_SD_E6_DutiableValue.pdf icon Statutory declaration: Vehicles dutiable value (Form E6) Kb

  Transfer of vessel by Court Order

A vessel can transferred to a new owner because of a judgement by a Court.

  • The Court Order needs to specify the vessel.
  • Both parties must complete the 'Boat transfer form: Notification of change of ownership'.
  • The purchaser must present the completed form, with the court order and Proof of identity (POI), at a Department of Transport office.
  • Alternatively, a certified copy of the Court order may be posted, along with the completed transfer form.
MAC-F-RBBoatTransfer.pdf icon Boat transfer form: Notification of change of ownership Kb

  Vessels: Deceased estate

To progress the transfer of a vessel from a deceased estate a Grant of Probate or Letter of Administration is required.

When granted the application reference number must be provided prior to the transfer of a vessel.

  Transfer of vessel: Deceased estate

Grant of Probate

Probate is the process of proving and registering in the Supreme Court the last Will of the deceased. To obtain a Grant of Probate, the executor named in the Will must make application to the Probate Office of the Supreme Court.

If the application is approved, the executor is given a Grant of Probate, which authorises the executor to administer the estate of the deceased according to the terms of the Will.

Documents required:

  • Boat Transfer form (signed by Executor or Administrator of the estate).
  • Deceased Estate - Statutory Declaration: Probate form.
MAC-F-RBBoatTransfer.pdf icon Boat transfer form: Notification of change of ownership Kb
MAC-F-DeceasedEstateProbate.pdf icon Deceased Estate: Statutory Declaration - Probate (form) Kb

  Transfer of vessel - Intestate

Definition

Intestacy is where a person dies:

  • Without leaving a Will, or
  • Leaving a Will which, for some reason, does not deal with all their property (estate).

The Administration Act 1903 contains the legislative provisions for Probate, Administration and the duties on the estates of deceased persons in the above circumstances.

Letters of Administration

If a deceased person does not have a Will (dies intestate), validation of their estate and benefactors is not done with a grant of Probate. Instead, it is done with a similar document known as 'Letters of Administration'.

In these circumstances, the Probate Registry refers to the Administration Act 1903 to assess applications. 'Letters of Administration' are also applied for at the Supreme Court.

Documents required:

  • Boat Transfer form (signed by Executor or Administrator of the estate).
  • Deceased Estate - Statutory Declaration: Probate form.
MAC-F-RBBoatTransfer.pdf icon Boat transfer form: Notification of change of ownership Kb
MAC-F-DeceasedEstateProbate.pdf icon Deceased Estate: Statutory Declaration - Probate (form) Kb

Transfer to Next of Kin/De facto Partner: Intestate

Documents required:

  • Boat Transfer form (signed by Next of Kin or De facto Partner).
  • Deceased Estate - Statutory Declaration: Intestate form.

Transfer to other than Next of Kin/De facto Partner: Intestate

If a vessel registration holder dies intestate and the Next of Kin/De facto Partner wants to sell the vessel, the person who acquires the vessel must present the following forms.

Documents required:

  • Boat Transfer form.
  • Deceased Estate - Statutory Declaration: Intestate form.

Both forms must be completed by the Next of Kin/De facto Partner.

The Next of Kin/De facto Partner must record the seller's details as 'Estate of (insert full name)' on the Boat Transfer Form and endorse 'Next of Kin' or 'De Facto Partner' above their signature in the seller's signature box.

The person who acquires the vessel must pay the transfer fee (Part VA - Navigable Waters Regulations 1958).

MAC-F-RBBoatTransfer.pdf icon Boat transfer form: Notification of change of ownership Kb
MAC-F-DeceasedEstateIntestate.pdf icon Deceased Estate: Statutory Declaration - Intestate (form) Kb

 

Page last updated: Thu Aug 24 2017 9:37:39 AM