Boy’s home
Q. My wife and I have one son, who is married. Do we need to make a will leaving him our house, or will he get it automatically? If one of us were to die and the other remarry, would this affect our son’s right to the property?
A. If either of you were to remarry, the new partner would probably inherit the property and would certainly take precedence over your son. As long as neither of you remarried your son would be likely to inherit the property under the intestacy rules, which apply when people die without making wills. However you should check that the house is in joint names and held by you as beneficial joint tenants, since otherwise (under the same rules) your son could potentially receive some of your property on the first death, which could make life difficult for the survivor. Discuss this with your solicitor. Depending on the value of the house and your other assets you may benefit from some advice on minimising inheritance tax liability.

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Ground rent gambit
Q. A London firm of property managers has bought the freehold to my house. I pay £75 a year and have paid up to last October, but they say I am £75 in arrears without mentioning any dates. Am I in arrears if the rent due is for the year ending October 2008? Also enclosed was a statement of penalties involved for non-payment and an offer to sell me the freehold for £1170 plus £150 legal costs.
A. There’s not a lot of profit in collecting ground rents these days, so many landowners try to sell the freeholds for what they can get. Don’t rush into buying unless you have 60 years or less to run on your lease, or the covenants in your lease are making life difficult, in which case see a solicitor. The asking price in your case seems high. If they want to sell badly enough they may let you have the freehold for much less, but you’re under absolutely no obligation to buy. As regards your “arrears”: the date for payment is likely to be set out in the lease you will have received when you bought your house. It’s likely to be around the date you’re accustomed to paying your ground rent. Ask for an itemised statement.

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Paying up front
Q. We paid a builder to do some work on our daughter’s roof. He quoted £800, so we gave him £600 and he started work. Now he’s disappeared, leaving a ladder on the roof and holes where he’d taken ridge tiles off. It turns out he was also working across the road and has left their roof in a similar state. Can our daughter claim on her insurance? She can’t afford to get anyone else in.
A. It’s almost certain that your daughter’s insurance won’t cover this type of theft. She should inform the police, since the builder has obtained money by deception. If he’s caught and convicted you could ask the court to make a compensation order, or you could sue him. But he probably won’t have any money even if you were able to track him down. Your mistake was to pay up front; you should never do this unless it’s for materials which have been delivered to your address. Always check the references of any tradesman, and never give work to someone who just knocks on your door.

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Open and shut case
Q. Is it legal for the firm that fitted my double glazing to ask me for a bond of £50 before they will come out to see whether my problem comes under the terms of their ten-year guarantee? Although the firm promises to return my cheque uncashed, it would appear that it’s entirely up to them whether or not I get the money back.?
A. I think a court might agree that the firm’s justification for its bond system was reasonable – namely that it had been called out on a substantial number of occasions to make repairs which weren’t covered by guarantee. If you disagree with the service engineer’s assessment of your problem you can of course ask for another report from an independent engineer. You actually have a vested interest in helping the firm run profitably: if it went out of business your guarantee would probably be worthless.

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Root of the problem
Q. At the back of my house there is concrete fencing with wooden panels that slot in. My neighbours have planted conifers right up to the fence and the roots have disturbed the foundations so that the panels are falling out and part of the fence is leaning over. Is it right that I should have to pay for the repairs? Who is responsible?
A. Your neighbours are responsible for making good any damage caused by the roots from their trees, especially if they could have foreseen the damage the conifers would cause. You should discuss the problem with them as amicably as possible though. They may be prepared to pay for the repairs if the alternative is a court order forcing them to chop their trees down. However bear in mind it could be an expensive business for you to obtain such a court order.