Transfer by court order or deceased estate (vehicles)

A vehicle licence that is transferred to a new owner because of a judgement by a Court, pays a nominal rate of vehicle licence duty on the value of the vehicle as set by State Revenue.

• The Court Order needs to specify the vehicle.
• Both parties must complete transfer form (MR9) and transferee presents this with the court order and their Proof of identity (POI) at a DVS Centre or agency.
• Alternatively, a certified copy of the Court order may be posted, with the completed transfer form (MR9), to the postal address below.
• The vehicle is exempt from fitting an immobiliser.
• The new owner must pay a nominal rate of vehicle licence duty, a transfer fee is payable.

A vehicle transfer can only be completed where the Department has received or sighted:

• Notification from the Registry of Births, Deaths and Marriages;
• Notification from the Public Trustee; or
• A death certificate.

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, and submit the form in person at a DVS centre, regional DoT office or agent. 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, and submit the form in person at a DVS centre, regional DoT office or agent. The non-beneficiary will pay a transfer fee and the full rate of vehicle licence duty.

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) and submit the form in person at a DVS centre, regional DoT office or agent.

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), and submit the form in person at a DVS centre, regional DoT office or agent.

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) completed by the beneficiary (next of kin), and submit the forms in person at a DVS centre, regional DoT office or agent.