A colleague has been asked to advise on the following scenario.
Specific gift of all of my cars to testator’s partner. At date of death, testator had normal car and a class Rolls Royce which is treated as family heirloom. Testator’s son is Executor. Estate admin is in early stages.
Partner has got hold of V5 for RR, arranged with DVLA for title to be transferred into her name, reported RR stolen to the Police and taken them to storage facility whereby they have ordered release of car to partner.
Executor and family want car returned to them (although acknowledge the gift of cars in Will may include RR).
Can they take any action with/against DVLA to recover the car? Son is legal owner of the car until such time as he is in a position to distribute estate.
Any suggestions welcome