Stepped over
Q. I was brought up by my father and my stepmother. My father died last year and my stepmother died recently. After sorting out their affairs I find I have no claim on their estate whatsoever. I’m told that it will pass to my stepmother’s cousins. This seems ludicrous.
A. I take it that neither your father nor your stepmother made wills, and your stepmother inherited your father’s entire estate under the intestacy rules. You should check with a solicitor that this was the case, since it’s possible that you should have inherited something from your father. Your stepmother’s estate will also be divided according to intestacy rules, which try to second guess what people would have done if they had made a will. You may have a claim against your stepmother’s estate if you were dependent on the couple or living in their house. If your father and stepmother had made wills this wouldn’t have happened.

---

Born too late
Q. My husband is “old fashioned” and has always held our home in his sole name. As we’re getting older I wondered what my position would be if anything happened to my husband. Would I still be able to keep the house?
A. If your husband transfers the house into joint names in the usual manner it would become yours automatically on his death. As things stand, you will have to trust that he leaves it to you in his will. In all likelihood you would be able to challenge the will if he didn’t, but this would only add complication and expense. Further complication could arise if he didn’t make a will at all, because the house would form part of his estate, of which you might only receive a proportion. Having the house in joint names will also give you some security in the event of marital difficulties. Persuade him to put it in joint names: it’s a comparatively simple process and will save money in the long run.

---

Up the garden path
Q. A footpath crosses our farm, and now a member of the public has applied to the council to establish a new path leading from it past the front of our house to meet up with the road. This would affect our privacy and devalue our house, but the person who has applied says there used to be a path there even though it’s not on the council’s “definitive map”. I know it is costly to have a path diverted. Will the person concerned have had to pay a fee to have the path opened?
A. The council has a responsibility to ensure that rights of way are not closed off, so there is no fee for asking it to do its duty. Similarly there’s no fee for diverting a footpath if it’s in the public interest; it only costs where the diversion is in the landowner’s interest. The person who has applied will have to prove that the footpath used to exist, either from maps or from statements from people who used to use it. But a footpath cannot be lost because it is no longer used: it can only be closed by an order made under statute.

---

Rough treatment
Q. I live on an unadopted road which is in a bad state of repair. The council refuse to repair the pot-holes, the uneven pavement or clean out the drains. We used to get a reduction in our rates because of the lack of facilities, but under the council tax system I am charged the same as others who do get their roads repaired and cleaned. Am I legally bound to pay for services I don’t receive?
A. If the road hasn’t been adopted by the council they are of course under no obligation to maintain it. However the fact that the road is in a poor state of repair will no doubt have a bearing on the value of your property, which is what the council tax banding system is based on. So in practice you will probably be paying less council tax than if the road was adopted. You could contact the local valuation office to discuss the issue. You might be able to persuade the council to adopt your road if you own it jointly with your neighbours, but you would probably have to foot the bill for bringing it up to the required standard initially.

---

It’s an ill wind
Q. I own a garage in another part of town. During the very bad winds a couple of weeks ago the roof of the garage next door blew off and damaged mine. My own garage isn’t insured but the one next door is. Can I claim on their insurance for the repairs?
A. This isn’t quite as straightforward as you might hope. On the face of it your property has been damaged by next door’s, and the owner of the neighbouring garage should compensate you (it will depend on the terms of his insurance policy whether he is covered for damage to neighbouring property). If you can get a builder’s report that shows that your neighbour’s roof was in poor condition so that damage such as this was foreseeable you should win your case if he won’t pay up. But if other property was damaged by the gales your neighbour or his insurers may claim that the wind was so severe and unexpected as to be an “Act of God”, and that they aren’t liable.