Caring and sharing
Q. My girlfriend and I are living together and share all finances. If I were to die without leaving a will, what legal rights would she have to my estate? Would it be sensible for me to put the house into joint names?
A. Currently your girlfriend is not your next of kin, so you should make a will. As things stand she will have a potential claim against your estate if you’ve been living together for more than two years. But bringing a claim through the courts can be an expensive and emotionally draining experience, and it will be better for there to be a will under which you make reasonable financial provision for her. By putting your girlfriend’s name on the title deeds and agreeing that you own the house as joint tenants the property will become hers on your death whether or not you make a will. But of course in taking this step she would be entitled to half the house if you were to split up, so it’s quite a drastic step. Currently she would have to attempt to establish a claim on the basis of your shared finances, which is a different kettle of fish. Marriage would greatly strengthen your partner’s legal position.

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Mystery levy
Q. My friend’s widowed mother died a few months ago, leaving her house to her daughter in her will. My friend tells me she had to pay capital gains tax on her mother’s property. This doesn’t seem right to me. Can you tell me if capital gains tax is payable in these situations, and is there any way it can be avoided?
A. For capital gains tax purposes, all assets are revalued at the date of death (the so-called “tax-free uplift”) which effectively wipes out any gains which might otherwise have been made. In your friend’s case no capital gains tax would have been payable on the difference between what the mother paid for the house and what it was worth when she died. Capital gains tax might be payable in some circumstances if the property increased dramatically in value while the estate was being sorted out, but this is unusual. Inheritance Tax is the tax to watch out for on death, and it could be that your friend has mixed up her taxes.

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Insurers slated
Q. During wind and heavy rain, water started coming through a bedroom ceiling. I contacted the insurers, who sent out a claims adviser, and was advised to get a roofer in. The bill came to £680, but the insurers are now refusing to pay out, saying the roofer told them there was no storm damage and the roof had perished over a period of time. The roofer denies saying this, and tells me he only said the roof was leaking!
A. You will probably find, if you look in your insurance policy document, words to the effect that your insurance does not cover you for the cost of gradual deterioration, and that it is not a maintenance contract. If you are convinced that the wind caused damage to your roof, by removing slates or something similar, then you should pursue this, perhaps by bringing in your own surveyor who will report that the rest of your roof is in generally good condition. But if the roof merely sprang a leak because it’s nearing the end of its life you shouldn’t expect your insurers to pay for running repairs.

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Lean time of it
Q. A tree in next door’s garden leans over into mine because my neighbour has trimmed all the branches on his side. Last year a similar tree owned by my other neighbour fell into my garden, and I don’t want the same thing happening, but this man is unapproachable. I can’t afford to prune the tree on my side: can I get him to do it?
A. Write to your neighbour reminding him of what happened to the other tree, and suggesting he cuts the branches on your side to prevent a similar incident. If the branches overhang your garden you are entitled to get workmen in to do the job and send him a bill if he doesn’t do it himself by the date you specify. However to begin with I’d just point out the problem and hope he has the sense to do something about it.

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Absent will
Q. I had a will drawn up by a firm of solicitors. They sent me a copy but not the original. If I wanted the original would I have to pay extra, or pay again?
A. It would be usual at the point where you made the will for the solicitor to have given you the option of either taking the will away with you or, alternatively, of using the solicitors’ storage service. Most solicitors do not charge for storing wills and are happy to provide copies of the will for no extra fee. If you request the original will at this stage I would be surprised if any charge is made. But please bear in mind that the solicitor will require proof of your identity before releasing the will.