Urgent request for legal advice

[jwilson]

Relax, they are just saying that you need to get the seller to fill in their paperwork before they will transfer the registration. It doesn't affect the sale or the ownership. I couldn't afford the 50squid registration transfer fee & then mislaid my Bill of sale. Consequently, my Part1 wasn't put in my name for about 5 years after I bought it.

It is not important, follow it up in your own time as & when you can if you want to remain Pt1 registered. Or forget the whole thing & go for SSR for a fraction of the cost.

In the case of death, I suspect a death cert will allow the estate to handle the sale.

As others have said, you own the boat.

Two points, do the Part I transfer within a month or they charge more for the paperwork, I'm not quite sure why they don't like the RYA BoS, as it is a perfectly legal transfer document, but I do know they prefer their own form, so I always use their MSF4705 form - download it from http://www.dft.gov.uk/mca/uksr-msf4705.pdf

In the case of sale after death of previous owner the MCA also need an original grant of probate passing ownership to the (usually) spouse, who then signs the BoS as executor.

I recommend you keep her on part I - it is an additional level of proof of ownership, which SSR is not, and if the boat is expensive, it makes it easier for a future purchaser to get a marine mortgage to buy.

 

[Deleted member 36384]

I assumed too old for a marine mortgage (1977) ....

My 1973 boat has a Marine Mortgage on it and Part 1 Registered, so assumption's like this can blow up in your face big time.

 

[Bilgediver]

Some helpful and reassuring posts, thanks. What worries me is if you can even sell a part 1 registered yacht without using that form, is there discrete law attached to part 1 sales? But surely normal contract law applies? And what happens if someone dies owning a part 1 yacht - at some point it's going to have to be registered in a new owners name without a sale form? Aaaaah!

Remember PArt 1 is not a yacht thingy!!!! It is the system for big ships which we may be allowed to use. It has procedures laid down and if we follow them it all goes tickety booo... The MCA Bill of sale has procedures for comletion as part of the process.... Is there a SEAL on the RYA Form??????

No problem selling a yacht after death as it is a normal part of winding up. Just ring up MCA Cardiff if any questions.

All the OP needs to do to put his mind at rest is complete an MCA Form following its instructions and sent it to Cardiff so that the Boats Registration can be changed to reflect the new owner and a new certificate issued. They will need some Welsh Groats! Speak nicely to the seller and get his signature on the form. Best to not mess with radios and call signs and MMSI to keep it all clean and as before.

The boat belongs to the OP he just does not have part ! . Mind you he could just opt for SSR.

 

[KellysEye]

>Pt. 1 isn't absolute proof of ownership anyway.


Yes it is proof of ownership. The back of the certificate shows the names of the people who own the 60 shares of the boat (we are 30/30). To find out if there is a mortagage on the boat call the MCA. If there is a mortgage then the finance company is the owner.

 

[sailorman]

>Pt. 1 isn't absolute proof of ownership anyway.


Yes it is proof of ownership. The back of the certificate shows the names of the people who own the 60 shares of the boat (we are 30/30). To find out if there is a mortagage on the boat call the MCA. If there is a mortgage then the finance company is the owner.

64 shares in a vessel

 

[Tranona]

>Pt. 1 isn't absolute proof of ownership anyway.


Yes it is proof of ownership. The back of the certificate shows the names of the people who own the 60 shares of the boat (we are 30/30). To find out if there is a mortagage on the boat call the MCA. If there is a mortgage then the finance company is the owner.

In correct on all counts. It is not Proof of Ownership - the Bill of Sale is. All the Part 1 does is formally record the names of the owners. A finance company can only register a charge - it cannot be the beneficial owner of the boat. It can of course, if the mortgagee defaults exercise its right to take the boat in lieu of the mortgage, but until that time the owner is the owner.