Transfer of ownership of deceased registered motor car|www.CheahThimFook.com

Transfer of ownership of deceased registered motor car

If you do not bother to read the lengthy exploration here, you can quickly skip to the Documents required and you will do fine to get what you are looking for.  If you have the time and like my sharing of thoughts, please read on.

As we are all human and are humble creations of our Almighty God, we are not immortals.  We may not live in this world forever.  The day when we meet our Creator, we have to leave behind all our loved ones, our valued assets (landed property or strata titled), our business empires and our favourite toys or super motorcars or motorcycles or superbikes.

It is not that I want to spell doom to spoil your mood.  We may have left a legacy behind with our missions and passions, works, business empires while we strived and toiled days and nights as we gathered experiences, achieved our successes and gained knowledge all in our lifetime.  Along the way, we may have suffered pains and short-termed failures.

Oh yes, as in our early introduction to insurance industry, we are reminded of the favourite quote, “If you fail to plan, you plan to fail”.  It is about us the living ones who have to have an exit plan from this world so that we can go with peace and let our loved ones lived smoothly after we left orderly or abruptly. If not, our loved ones will have to go through a challenging time running about to the various government departments and local authorities to clear up our mess of mass inheritances…but no thanks to you for failing to write your will or your last SOP(Standard Operating Procedure…or Sorrow Often Painful or Plentiful)for them to get on and ahead with their lives without you.

If we have written a will while we are alive, we can spare some time alone to easily plan what we want to bequeath what to whom and when they can have it or where they can spend the wealth accumulated by us for them to live a meaningful and purposeful life and continue to contribute to our community and charitable organisations. We can also help them to enjoy the ride on our favourite horse or our favourite motorcycle or motorcar and let them take care of it, clean and glean it with pleasures, and inherit our treasures as we confer the rights of ownership to them not only to live in our house that is now theirs but also the name on the motorcar or motorcycle registered in their personal name.

Note, at Road and Transport Department, you are allowed to register only one name on the Registration card for Private Individual motorcar.  If you have more than one children and/or spouse/s, you cannot register all their names there for one car ownership.  If you have wanted all of them to share your prized car you left behind and according to your will which may not be well written by you on the advised of your legal counsellor, they can sell it off and appropriate the monetary value received equally.  What if you want them to keep it as it is an antique car or a classic car such as your American Ford Mustang or British Mini Cooper or German Volkswagen Beetle or BMW and Audi or Italian Lamborghini or Ferrari or Bologna Italian Maserati or Blackpool, United Kingdom Jaguar or Manchester, England Rolls Royce or Korea’s KIA and Hyundai and even your Japanese made Toyota or Honda or Nissan or Mitsubishi. You may also own a classic USA Harley Davidson Motorcycle and Japan’s Kawasaki and Suzuki or Italian Vespa Scooter? How about India’s Tata or Malaysia’s own first edition Proton Saga or Proton Satria?

You need to specifically write on your Will that one person’s name for that specific motor vehicle as the sole heir/beneficiary to facilitate the transfer of ownership registration from the deceased owner to the new owner (heir/beneficiary)at the Road and Transport Department (JPJ) with minimal hassle.  If you can, please include an instruction that a token monetary value is to be distributed to the other heirs for an equitable share of the material value of that vehicle, that will help a little to be œmaterially equitable to all of them so that they may not need to fight over it and sell your treasured possessions at least in their generation should the named heir in your will decided that he/she did not want it after all. He/she can then transfer to the siblings that wanted it and at no cost or on an agreed price so as to continue to preserve the sweet sentimental memories for the family heritage.

Well, if your will instructs that your assets to be equally distributed in the simplest order, your children and spouse will have a difficult task to liquidate or to sell not only the only house they inherit or the motor vehicles and other possessions at the desired best price and timing for equitable distribution of the inheritance as it will take some time if not long, to realise all the disposals, and be subject to many factors and demand of the economy of that time which may not be in the best interest for all of them.  So it is very important for you to consider will writing as a tool for wealth preservation too instead of just wealth distribution.

In normal human life cycle, our children will most likely out-live our spouse and if the realisation of wealth distribution process is stalled, our spouse may not live to enjoy his/her share of inheritance.  The worst thing that can happen to all of us is when he/she did not have a will written and the transfer of ownership of the house and motorcar will be more messy as his/her share of the inheritance will pass on to the surviving children.

So, please write your will in particular, with regards to distribution of your private individual motor vehicle, the name of one nominated heir/beneficiary or trustee(especially where your children are minors) to enable the transfer of ownership to be smoothly executed at JPJ.  With the will in place, the Executor of your will/trust will need to submit it to the Court for Grant of Letter of Probate upon your demised for an Order to be issued and certified by Court for the execution of wealth distribution and preservation.

If no will is written, the deceased’s family members will have to compile their personal birth certificates and other identification documents as proof of heirs to the inheritance and gather information on the assets and liabilities of the deceased’s possession or estate and to engage a lawyer or a public trustee such as Amanah Raya Berhad to help them in the extraction of a Grant Letter of Administration (LA) to administer the Estate of the deceased.  The Estate of the deceased is then distributed according to the law of the country governing its citizen and according to their professed religious faiths.

The main disadvantage of intestacy or a person with possession of assets died without leaving a will to manage his estate affairs is that the next-of-kin or family members who are legally entitled to his/her estate will have to go through a longer period to process the application for Grant of Letter of Administration since the deceased’s children and spouse may be living in different parts of the country like one child working in Kuala Lumpur, one son teaching in Penang, one daughter married to husband from Johor, and the others studying in Sabah and Sarawak universities while the wife lived in Melaka or the penultimate wealthy and luxury family with many high flyers who are working and living in many parts of the world such as Bukit Mertajam and Georgetown, Penang, London, New York, Hong Kong, Singapore, Sydney, Australia, Shenzhen and Beijing in China, Dubai in UAE, Taipei in Taiwan, Tokyo and Kanagawa, Japan or Seoul, Korea as the pursue their own careers and lifestyles.

Therefore, there will be delay in the realization of the wealth distribution as they have to come together at appointed times and it could be costly for them to keep-up with the dates of Court hearing and the laws governing of their resident countries on overseas inheritance.

It is also perceived to have lack of wealth preservation element and loss of control of the wealth distribution to the interested parties and may cause emotional scars and legal disputes among the heirs.  It will also be very challenging if the survivors and heirs are children who are minors, who may not have the wisdom to administer the estate for living benefits and to secure their future.

We have dwelt into the impact of dying with or without a will and its consequences in relation to the theme of transfer of ownership of deceased registered car with JPJ, let us now go to the usual procedure of application for transfer at JPJ.

  • Transfer of ownership of motor vehicle from the registered deceased owner

Documents required

  1. Two (2) copies of “Borang Senarai Semak TM-3 (Form TM-3 checklist)
  2. Two (2) copies of “Borang JPJK3A which is to be completed and signed by the new owner(the nominated beneficiary of the estate of the deceased); Form JPJ K3A(Download link to JPJ http://www.jpj.gov.my/documents/10157/167014b1-5290-4a96-80ac-db2f86f2ae1f)
  3. The Original Registration Card of Motor Vehicle (JPJK2) or popularly known as the “Pink Card” or “Garan”as known in Malay Language.
  4. Form TM-AB with photocopy of the Identity card of new Owner superimposed on it for Certification of Identity of New Owner via Form TM-AB( If new owner is not present at submission of application) for the category of “individual or sole-proprietorship only.(Note: Certification has to be duly witnessed by Legal Authorized Body/Person such Commissioner of Oaths/Notary Public,Magistrate, Judge and/or JPJ Officer and etc).
  5. Original and Photocopy of the Identity Card/Passport of the authorized representative(if the application is submitted by representative on behalf of owner)
  6. Special documents
  • Court Order issued by High Court and copy of Order duly certified by Court or
  • Grant Letter of Probate and copy of Grant Letter of Probate certified by Court or
  • Grant Letter of Administration and copy of Grant Letter of Administration certified by Court or
  • Grant of Letter of Administration issued by The Administrator of Small Estate and certified copy(Usually the District Officer or Director at the Land Office is the Legal Official empowered under the Small Estate Act 1955 to grant the Letter of Administration for Small estates)
  • Letter of Administration or Order from the Amanah Raya Berhad (Public Trustee) and certified copy or
  • For Muslims, The Original “Faraid” Order (THE PRESCRIBED SHARES OF INHERITANCE) issued by Syariah Court and certified copy together with the Statutory Declaration of the named beneficiary/heir according to the “Faraid” Order and also the Statutory Declaration of Renunciation of rights of other heirs if the “Faraid” Order did not specify the named beneficiary must be accompanied and certified copy by the Civil Government Commissioner of Oaths, Magistrate or Judge
  • For Sabahans, A copy of Original Third Schedule as granted by Sabah Natives’ Court or the Original Form C as granted by the Director of the Land Office of Sabah.
  • The Valid Report of Examination of Vehicle for Transfer of Ownership by PUSPAKOM(validity is within thirty(30) days from the date of inspection of vehicle)
  • Miscellaneous items such as Mortgagee Letter B cancellation by Bank/Finance for hire-purchase loans settled, no blacklisting due to traffic offences and/or summons, and no outstanding unpaid custom duties.
  • New Motor Insurance policy purchased and issued online in the name of the new owner (must be above eighteen (18) years old and above). Whether the new owner purchase the motor insurance under Comprehensive cover or Third party, Fire and Theft Cover of Third Party Cover Only depends the make, model, age and market value of the car and subject to underwriting guidelines of the insurers.
  • Cash RM100 for JPJ Processing Fee for Individual Private Car ownership transfer.

The processing fee at JPJ is RM100 for transfer of ownership for Individual Private Car.  The turnaround time for the transaction at JPJ from the time of submission of a complete set of documents as highlighted above at the counter to the time of completion of processing and printing of the name of new owner on the car registration card of JPJ K2 form smoothly with  motor insurance cover note or policy issued online status in the new owner’s name (heir’s/beneficiary’s) should be within 30 minutes or slightly more depending on the type and relevant set of documents that need verifications and approval on a normal routine. This sharing was from our previous experience in handling such case.

It is our observation that the process of extraction of Letter of Administration (LA) and the Grant Letter of Probate (LP) are the main time consuming process for the transfer.  Another reasons for the delay we observed is, if the LA or LP is granted by the Court but because the deceased’s motor car is still under financing by the bank hire-purchase loan, the transfer of ownership has to be put on hold as the mortgagee clause prohibit the transfer due the JPJ SIKAP system tagging online which the financial institution concerned will only remove the tagging, which is related to the releasing of Letter B done manually in the past, upon full settlement of loan outstanding.

Note: This sharing is written with the main aspect of facilitating the process of transfer of ownership of the deceased registered motor vehicle or motor car to the heir/beneficiary.  For a proper guidance on will writing and estate planning in your respective country and jurisdictions, you are advised to consult your financial planners and legal advocates and solicitors with regards to your individual wealth management program and its suitability for wealth preservation and wealth distribution to your heirs/beneficiaries as governed by the legislation and laws of the sovereign.

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