Legacy at risk
Q. My son and his wife went bankrupt 12 months ago. They’re due to inherit from our wills, but someone has told me that even when they are discharged the receivers would take any money we left them. This is causing me a lot of worry.
A. No. The advantage of bankruptcy is that it’s possible to make a fresh start: the slate is wiped clean. Any money your son and his wife receive after they are discharged will be theirs to keep, and will not be made available to their creditors. Under fairly recent legislation bankruptcy lasts just 12 months (or less) so if your son and his wife have not been discharged already they will be soon, assuming this is their first bankruptcy. It would probably have been advisable to alter your wills temporarily while they were still the subject of a bankruptcy order to protect their inheritance. At this stage you should check their discharge date.

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Buying Dad’s house
Q. My sisters and I are helping our elderly father pay the mortgage on his recently-purchased council house. His will divides the property equally between us, but I understand that if he were to go into residential care the house might have to be sold to meet the cost. Since we are all part owners how would this be dealt with?
A. The fact that you’re due to inherit the house under the terms of your father’s will doesn’t make you part owners. Unless it has been transferred into your joint names the house belongs to your father, and might well have to be sold if he were to go into residential care. He needs to draw up a declaration of trust which will reflect your part in the purchase of the property. This might protect you from having to go to court to try to establish a claim on the house. Transferring the property into joint names is the long term solution, but you probably won’t be able to do this at present without forfeiting some of the discount that came with the property.

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Lurking mould
Q. We bought our new house nearly 12 months ago. We’ve found extensive mould behind wall units and along the skirting boards, but the site manager assures us the house is merely “drying out”. He’s now said that if we aren’t satisfied we should take the matter up with the NHBC. Surely any defects in a new house should be the responsibility of the builder!
A. They are. The National House-Building Council Scheme, which covers almost all new houses, guarantees that the builder must return and put right, at his or her expense, any defects arising from a failure to comply with the NHBC’s standards for up to two years after completion; some defects are covered for up to ten years. The warranty makes provision for a free resolution scheme from the NHBC if the builder fails to carry out the repairs. I’ve a suspicion the site manager may be right however: your house may not have had chance to dry out properly if it’s double-glazed and you keep your windows shut all the time.

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Cottage extension
Q. My son bought a cottage over 12 years ago. The previous owner told him that the land down the side came with the cottage, even though it was fenced off. However when he put in plans for an extension the council said it was their land and offered to sell it to him for £1800. If he can’t claim the land, can my son bill the council for keeping it tidy?
A. The fact that the land was fenced off will tend to weigh against your son making a successful claim to own it. If your son had removed the fence when he moved in, or if it had been taken down by a previous owner he might have stood more chance. He should discuss this with a solicitor in more detail and perhaps put in a lower offer for the land. Of course your son should have checked the deeds together with his solicitor when he bought the cottage in the first place to find out exactly what he was buying. I don’t think he will have any joy sending the council a bill; they wouldn’t pay him for sweeping the pavement outside his front door either.