Undeserving son-in-law
Q. We have one daughter who is married with no children. Unfortunately we don’t get on with our son-in-law. We want to ensure that he doesn’t inherit our money and property after we die. We feel so strongly about this that we are considering cutting out our daughter altogether. Is there any way that we can give to our daughter whilst at the same time preventing our son-in-law from benefitinght?
A. It would be possible for you to draw up wills so that your estates pass into discretionary trust. You would appoint independent trustees and give them guidance under a letter of wishes saying that the capital and income should not be distributed whilst the relationship between your daughter and your son-in-law continues. Your trustees would then be in a position to benefit your daughter only at the stage where your son-in-law had died before your daughter, or if they separated. This would achieve your objective, but no doubt would cause a lot of unhappiness for your daughter. You should always think very carefully before making arrangements through your wills which are likely to disappoint. But if you feel strongly that this is the right thing to do it is possible to ring-fence your estates.

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Name over the door
Q. Is it possible to copyright my business name and address, if I own the house?
A. You no longer have to register the name of your business, which is what I take it you mean by “copyright”. So unless you’re forming a limited company (in which case you will have to register an original name with Companies House) anyone could, inadvertently, set up in business with the same name as yours, since there’s no way of checking that their business title is original. However once you are established in business you can prevent another firm in the same field passing off itself or its products as yours. In short people can use whatever business name they like as long as there’s no intention to fool the buying public

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Sons benefit
Q. My wife and I are pensioners. We would like to make our house over to our two unmarried sons, but one son has always been in poor health and receives income support and incapacity benefit. Will he lose his benefits if we give him half the house?
A. If he doesn’t live in the house the Department for Work and Pensions will regard it as a capital asset. Presumably his share would be valued at more than £16,000, which would take him over the threshold at which people are no longer entitled to income support. If he lives with you there shouldn’t be a problem. But in any case giving your property away is a serious step, and I strongly recommend that you discuss your plans with a solicitor first. It may be more appropriate just to leave your property to your sons in your wills.

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Boundary line
Q. Along the boundary between our garden and next door’s is a series of concrete posts with holes in the centre with wire running through. The neighbour says the fence is hers and the boundary line is my side of the posts; I think the boundary is down the middle. Who is right? On our title deeds there’s just a line marking the boundary.
A. You are probably right. Sometimes title deeds will state whether boundaries are “party” walls and fences (ie shared), or the deed plan may have “T” marks identifying ownership of particular boundaries. If the “T” appears on your side of the boundary line, it belongs to you. In your case it seems likely that the boundary and fence are shared unless the deeds state otherwise, and the boundary runs down the centre. A survey is sometimes necessary to check that a fence has been erected in the correct position.