Free Advice Column - 30/07/2008
30 Jul 2008
Ensuring a fair share
Q. My elderly mother married again 15 years ago, which means I have a stepfather. The house they own is in joint names, and my mother says she cannot discuss what should happen to the property when they die. I have suggested she makes a will leaving me half the house, which would be a fairer option than my stepfather gaining the whole property. Could she arrange this without my stepfather knowing?
A. It would be difficult for your mother to do as you suggest without notifying your stepfather of her intentions. If your mother gives her half of the house to you and dies first, your stepfather might find himself having to move out of the house so that you can get your inheritance. However it is entirely reasonable for both of them to want their halves to pass down to their own families. This can be achieved by your mother and stepfather holding the house as tenants in common in equal shares. They would then put in place wills containing trust arrangements under which the surviving spouse can carry on living in the house following the first death. After the second death the half share held on trust can then pass to the children of the spouse who has died first. You should encourage your mother to go to a solicitor but I appreciate that the situation is delicate. An open discussion between both sides of the family may be the answer.
Club with no title
Q. The deeds of our social club have been missing for over 30 years. We would like your advice on how we would go about obtaining a copy, and how much it might cost.
A. The first thing to do is to carry out a search at the Land Registry of the index map to find out if the club’s title is registered. If it is, you don’t have a problem because the physical title deeds have been superseded by the electronic Land Registry records and will not be needed in order to sell the property. If the land is unregistered, the loss of the deeds will be much more of a nuisance, but it’s not an uncommon occurrence and there is a procedure for re-establishing your title at the Land Registry. You should ask a solicitor for help with this though. He or she might even be able to locate your deeds, which may (for example) be held by the brewery. Reconstituting a title can be a time consuming process and you should expect to pay between £1,000 and £2,000 plus VAT. This will be good value for money given that if you do nothing it will not be possible for the club to ever sell its main asset
Ignoring our access
Q. A block of flats has been built on the site of a former commercial garage in front of our house. Previously the garage owned the private track leading to the two houses behind, and each of us was liable for a third share of its upkeep. The developer has altered the track and turned it into a road and a car park. We engaged a solicitor to alter our deeds to ensure access continues and costs are shared, but £1,000 later there’s been no progress.
A. You should press your solicitor for a progress report. If it’s your solicitor delaying the matter then if necessary ask for the name of the partner in the firm designated to deal with complaints and write to this person. It may be that the developer is in no hurry, although it’s unlikely anyone will be prepared to buy a flat until the access problem has been resolved, so the developer will have to deal with the issue eventually.
Shared policy
Cramping my style
Q. I want to replace a very old garage with one of similar design but just a few inches wider. What can I do to make sure I get one that I like? What problems can I expect from the planning department?
A. Planning rules are quite complicated, so if you’re in any doubt you should submit your proposals to the planning authority for their approval. However if your new garage is replacing an existing structure it shouldn’t in theory be necessary to apply for planning permission unless you’re in a conservation area. If it’s significantly larger, there are limitations relating to the size of your house and garden, and the height must not exceed three metres (or four if the garage has a ridged roof). Additional fees, for example for building regulations, may also be payable depending on the size.
Q. My elderly mother married again 15 years ago, which means I have a stepfather. The house they own is in joint names, and my mother says she cannot discuss what should happen to the property when they die. I have suggested she makes a will leaving me half the house, which would be a fairer option than my stepfather gaining the whole property. Could she arrange this without my stepfather knowing?
A. It would be difficult for your mother to do as you suggest without notifying your stepfather of her intentions. If your mother gives her half of the house to you and dies first, your stepfather might find himself having to move out of the house so that you can get your inheritance. However it is entirely reasonable for both of them to want their halves to pass down to their own families. This can be achieved by your mother and stepfather holding the house as tenants in common in equal shares. They would then put in place wills containing trust arrangements under which the surviving spouse can carry on living in the house following the first death. After the second death the half share held on trust can then pass to the children of the spouse who has died first. You should encourage your mother to go to a solicitor but I appreciate that the situation is delicate. An open discussion between both sides of the family may be the answer.
Club with no title
Q. The deeds of our social club have been missing for over 30 years. We would like your advice on how we would go about obtaining a copy, and how much it might cost.
A. The first thing to do is to carry out a search at the Land Registry of the index map to find out if the club’s title is registered. If it is, you don’t have a problem because the physical title deeds have been superseded by the electronic Land Registry records and will not be needed in order to sell the property. If the land is unregistered, the loss of the deeds will be much more of a nuisance, but it’s not an uncommon occurrence and there is a procedure for re-establishing your title at the Land Registry. You should ask a solicitor for help with this though. He or she might even be able to locate your deeds, which may (for example) be held by the brewery. Reconstituting a title can be a time consuming process and you should expect to pay between £1,000 and £2,000 plus VAT. This will be good value for money given that if you do nothing it will not be possible for the club to ever sell its main asset
Ignoring our access
Q. A block of flats has been built on the site of a former commercial garage in front of our house. Previously the garage owned the private track leading to the two houses behind, and each of us was liable for a third share of its upkeep. The developer has altered the track and turned it into a road and a car park. We engaged a solicitor to alter our deeds to ensure access continues and costs are shared, but £1,000 later there’s been no progress.
A. You should press your solicitor for a progress report. If it’s your solicitor delaying the matter then if necessary ask for the name of the partner in the firm designated to deal with complaints and write to this person. It may be that the developer is in no hurry, although it’s unlikely anyone will be prepared to buy a flat until the access problem has been resolved, so the developer will have to deal with the issue eventually.
Shared policy
Q. My husband and I took out an endowment mortgage in joint names ten years ago. We have since parted and the house is in my name only. My ex-husband has remarried. Is his life still insured on this policy, which I am still paying for?
A. The policy should have been signed over into your name when you divorced. Check this with the solicitor who handled your divorce and financial settlement. But it’s normal to keep both lives insured on the policy. Assuming the benefit of the policy was transferred into your sole name, the effect of your ex dying before you will be to trigger the payment of the death benefit in your favour. If you were to die on the other hand the benefits would not go to your ex, but would fall into your estate. If the policy were to mature before either of you die then you would solely be entitled to the proceeds.
Cramping my style
Q. I want to replace a very old garage with one of similar design but just a few inches wider. What can I do to make sure I get one that I like? What problems can I expect from the planning department?
A. Planning rules are quite complicated, so if you’re in any doubt you should submit your proposals to the planning authority for their approval. However if your new garage is replacing an existing structure it shouldn’t in theory be necessary to apply for planning permission unless you’re in a conservation area. If it’s significantly larger, there are limitations relating to the size of your house and garden, and the height must not exceed three metres (or four if the garage has a ridged roof). Additional fees, for example for building regulations, may also be payable depending on the size.
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