Do I have to Q go ahead with the pur­chase?

Motorcycle News (UK) - - Garage -

My late hus­band se­lected a mo­tor­bike from a deal­er­ship, pay­ing a de­posit, and then the bal­ance shortly be­fore he died. I said that I could not ac­cept the bike and the garage owner in­formed me that he would ‘sort some­thing out’ and re­turn the money. The bike was not reg­is­tered in my hus­band’s name. The garage owner is now re­luc­tant to re­turn the money. How do I stand legally?

Mrs V Bur­roughes, email

The big is­sue here is that A the con­tract was formed be­tween your late hus­band and the garage and you are un­able to undo the con­tract. This is fur­ther com­pli­cated in that the bike is prop­erty fall­ing un­der your late hus­band’s Es­tate. He may have left a will spec­i­fy­ing that the bike should go to a cer­tain per­son in the event of his death and such a wish must be hon­oured as long as he had men­tal ca­pac­ity to make a will and was not co­erced.

If there is no spe­cific pro­vi­sion within his will then the Ex­ecu­tor of his Es­tate is un­der a duty to max­imise the value of the Es­tate for the ben­e­fit of the Ben­e­fi­cia­ries, and as such will seek to sell the bike to realise the value of the as­set. If there is no pro­vi­sion in the will re­gard­ing the bike and you are the Ex­ecu­tor and sole Ben­e­fi­ciary, then you are free to do as you please with all prop­erty and cash left to you.

You will ei­ther need to rely on the good­will of the garage as they may be pre­pared to re­fund the money; or, depend­ing on the will, the mo­tor­cy­cle can be sold by the Es­tate.

‘Un­for­tu­nately you will be un­able to undo the con­tract’

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