Can You Drive a Deceased Person's Vehicle or Cancel ICBC in BC?

A car in the driveway after a death raises quick questions. Can a relative drive it, does the insurance still apply, and can the policy be cancelled for a refund? The answers depend partly on who has authority over the estate and partly on ICBC's own rules.

This article explains the general picture in British Columbia. Some practical points, such as driving before transfer or refund calculations, are best confirmed directly with an Autoplan broker or ICBC.

This article covers the law of British Columbia.

Who has authority over the vehicle

A vehicle owned by the deceased is generally estate property. A will may name an executor, and if there is no will, a person can apply to handle the estate as an administrator.

A personal representative has the same authority over the estate as the deceased would have if living, subject to any contrary intention in the will and to any enactment. Inventorying assets is among the executor duties the Province lists. A relative who simply has the keys does not automatically have that authority.

Can a relative drive or park it?

Whether a family member may drive or park the vehicle before ownership is transferred should be confirmed with an Autoplan broker or ICBC. Do not assume the deceased's insurance covers another driver.

• Ask the broker whether the existing policy can be used by anyone, and on what terms.
• Ask what is needed if the vehicle must be moved or stored.
• Get any answer confirmed in writing where you can.
• If a relative will be using the car regularly, ask what insurance they would need in their own name.

ICBC insurance, licence and refunds

The Province lists several BC items to deal with in the months following a death, including the ICBC driver's licence and the vehicle and policy through an Autoplan broker. Federal notices, such as Service Canada and the CRA, are for sooner.

How a refund is calculated on cancellation, and what paperwork the broker wants, should be confirmed with the broker. Cancelling too early can leave a vehicle uninsured while it is still part of the estate, so check whether coverage is needed until the vehicle is transferred or sold.

Institutions set their own document requirements, and some require a grant of probate while others do not. Ask your broker whether they need a grant, a will or other proof of your authority.

Transferring or selling the vehicle

Who ends up owning the vehicle depends on the will, or on the intestacy rules if there is no will. The personal representative must administer and distribute the estate and account to beneficiaries and creditors.

The personal representative must not distribute the estate within 210 days after the representation grant is issued except by court order. Distribution within that period is allowed with consent of beneficiaries or intestate successors.

A vehicle may also be sold to pay debts. Executors and administrators may be held personally liable for valid estate debts that remain unpaid after the estate is distributed. Speak with a lawyer before handing over a vehicle if debts are unclear.

What to do next

• Confirm who the executor or administrator is.
• Do not drive the vehicle until you have confirmed insurance with an Autoplan broker.
• Gather a death certificate, which is proof of death and may be requested as a certified copy.
• Ask the broker what they need to change, cancel or transfer the policy and the registration.
• Record the vehicle in the estate inventory.
• Contact ICBC about the deceased's driver's licence.

If family members disagree about who should keep the vehicle, or the estate may owe more than it holds, get legal advice before acting.

Frequently asked questions