Free Advice Column - 11/03/2009
11 Mar 2009
Partner left in the cold
Q. My friend lived with her partner for 30 years and they had a son. Unfortunately the son died six years ago, and my friend's partner has now died without leaving a will: he had expected everything to go to their son. The partner's brother and sister have taken charge of the estate and have told my friend “they would see her right”. But she has had no say in his affairs or money, which came to over £100,000.
A. Your friend needs to get clarification of the brother and sisters' plans urgently and either draw up a binding agreement or get them to write a cheque. These verbal agreements have a habit of unravelling, and if your friend needs to take legal action she must do so within six months of a Grant of Letters of Administration to the partner's brother or sister from the Probate Registry. If necessary your friend can make a claim on the estate under the Inheritance (Provision for Family and Dependants) Act 1975. If a binding agreement can be reached, so much the better. But your friend must keep an eye on the clock.
Taking a fence
Q. My neighbour took down my fence without permission to put in some footings for his conservatory. He also removed a drain and left a hole in its place, so that now water from my roof just goes into a big hole in the ground. The planning department just tells me it's a civil issue.
A. It is. Your neighbour should at least have given you notification about the foundations, if indeed he was entitled to put in footings under your land. Under the Party Wall etc Act 1996 he should compensate you for any damage caused by building the wall on the boundary or laying the foundations. You should talk to your solicitor about this if your neighbour refuses to discuss the issue of compensation. Take some photos. If you have some that were taken before the building work commenced they would be handy too.
Never rains but it floods
Q. A drain on some waste land next to my house is blocked. So when it rains a huge pool forms and I have to dodge round it to get to my garage, while neighbours somehow have to get their bins past it. The council sent an inspector round but the work keeps getting cancelled until I ring up and the process starts again. Builders working on my house say the foundations are very wet. Could I sue the council if the flooding damages my house?
A. You might be able to sue for any damage that occurred to your property after you told the council about the problem. It might be difficult to establish conclusively what caused the damage however, so you should focus on trying to get the council to clear the blockage. If you have buildings insurance your insurers may be prepared to write to the council on your behalf suggesting they would seek compensation in the event of damage to your foundations. That might get things moving.
Family reunion
Q. A bachelor uncle died without making a will five years ago. I am one of four surviving nieces, one nephew and eight great nieces or nephews. It came to light that my uncle had an illegitimate brother. The solicitor dealing with the estate has traced some of the brother's children, who have been asked to provide birth, marriage and death certificates. Only some of these have been sent in. We're told there's no time limit for this, but we're anxious for the estate to be wound up. Can anything be done?
A. The solicitor will have to be able to show that he has made every effort to trace possible beneficiaries before winding up the estate. However the unknown beneficiaries will only be entitled to a portion of the illegitimate brother's share, so there is no reason why the remainder of the estate could not be distributed, subject to keeping back sufficient for expenses.
Q. My friend lived with her partner for 30 years and they had a son. Unfortunately the son died six years ago, and my friend's partner has now died without leaving a will: he had expected everything to go to their son. The partner's brother and sister have taken charge of the estate and have told my friend “they would see her right”. But she has had no say in his affairs or money, which came to over £100,000.
A. Your friend needs to get clarification of the brother and sisters' plans urgently and either draw up a binding agreement or get them to write a cheque. These verbal agreements have a habit of unravelling, and if your friend needs to take legal action she must do so within six months of a Grant of Letters of Administration to the partner's brother or sister from the Probate Registry. If necessary your friend can make a claim on the estate under the Inheritance (Provision for Family and Dependants) Act 1975. If a binding agreement can be reached, so much the better. But your friend must keep an eye on the clock.
Biting the hand
Q. Last year my 39-year-old son came to live with me and brought his dog with him. Shortly afterwards a woman was putting a leaflet through the letterbox when the dog tried to take it and caught her hand, which started bleeding. She is now claiming compensation. Since my son is penniless, her solicitor is suggesting the claim should go through on my house insurance, although this is for buildings only. Does this mean she can claim compensation from me?
A. It's possible your buildings insurance will contain a public liability element; you should check your policy and discuss the matter with your insurers. As the owner of the house you have a duty to ensure the safety of visitors. However it's by no means clear that you are liable in this case. The owner of the dog (your son) would be liable in the first instance, and only then if he knew that the dog had a tendency towards this sort of behaviour. I would be reluctant to accept any responsibility, certainly at this stage.
Taking a fence
Q. My neighbour took down my fence without permission to put in some footings for his conservatory. He also removed a drain and left a hole in its place, so that now water from my roof just goes into a big hole in the ground. The planning department just tells me it's a civil issue.
A. It is. Your neighbour should at least have given you notification about the foundations, if indeed he was entitled to put in footings under your land. Under the Party Wall etc Act 1996 he should compensate you for any damage caused by building the wall on the boundary or laying the foundations. You should talk to your solicitor about this if your neighbour refuses to discuss the issue of compensation. Take some photos. If you have some that were taken before the building work commenced they would be handy too.
Never rains but it floods
Q. A drain on some waste land next to my house is blocked. So when it rains a huge pool forms and I have to dodge round it to get to my garage, while neighbours somehow have to get their bins past it. The council sent an inspector round but the work keeps getting cancelled until I ring up and the process starts again. Builders working on my house say the foundations are very wet. Could I sue the council if the flooding damages my house?
A. You might be able to sue for any damage that occurred to your property after you told the council about the problem. It might be difficult to establish conclusively what caused the damage however, so you should focus on trying to get the council to clear the blockage. If you have buildings insurance your insurers may be prepared to write to the council on your behalf suggesting they would seek compensation in the event of damage to your foundations. That might get things moving.
Family reunion
Q. A bachelor uncle died without making a will five years ago. I am one of four surviving nieces, one nephew and eight great nieces or nephews. It came to light that my uncle had an illegitimate brother. The solicitor dealing with the estate has traced some of the brother's children, who have been asked to provide birth, marriage and death certificates. Only some of these have been sent in. We're told there's no time limit for this, but we're anxious for the estate to be wound up. Can anything be done?
A. The solicitor will have to be able to show that he has made every effort to trace possible beneficiaries before winding up the estate. However the unknown beneficiaries will only be entitled to a portion of the illegitimate brother's share, so there is no reason why the remainder of the estate could not be distributed, subject to keeping back sufficient for expenses.
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