Jumping the gun
Q. Many years ago, because of a situation relating to my husband’s business, we changed the ownership of our house into my name only. We are thinking about re-writing our wills and wondered if we should put the house back into joint ownership first? We want to avoid nursing home fees if possible so that our two children inherit the house?
A. You do need wills, since if you were to die without one your husband may not receive the whole property under intestacy rules: your children may be entitled to a share. I suggest you make no decision about the house until you have spoken to the solicitor drawing up your wills. He or she will be able to advise you depending on the property’s value and your other assets. It can be a good idea to own the house as tenants in common, with separate shares, since that way only half the property will be available for care home fees provided that in your wills the 50% share of the first to die is gifted into discretionary trust. An alternative would be to arrange for the 50% share of the first to die to go to the children but this would give rise to possible capital gains tax problems and/or the risk of the 50% share passing out of the family in the event of the children getting involved in matrimonial/financial difficulties.

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Spreading out and up
Q. Several years ago a neighbour had a two-storey extension constructed without planning permission. Can this extension now be further extended by replacing the flat roof with a sloping one?
A. The regulations are too complicated to give a totally definitive answer, but generally it is not necessary to apply for planning permission if the size of an extension increases the total volume of the original house by less than 70m³, or 15 per cent. If the proposed sloping roof increases the volume of the extension so as to take it above that figure, then planning permission will now be required. The apex of the new roof must not be higher than the original house, and there are other rules about the positioning of the extension in relation to the road. If you disagree with the proposals contact the planning department.

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Rough ride
Q. I live in a cul-de-sac serving 17 houses. The road hasn’t been adopted by the council and is full of pot-holes. If someone was injured or a car was damaged, who would be responsible: the individual householder in front of whose property the accident occurred, or all 17 householders collectively?
A. Generally in this kind of situation it is the person who owns the section of road upon which the accident occurs who will be liable. I would expect each house owner to own the patch of road in front of his or her property, but you should check your title deeds to see exactly which sections are owned by each of the seventeen houses. If you notify the local authority of the potential danger it’s possible the council will adopt the road and maintain it in future. But it may well ask the householders in the cul-de-sac (assuming they own the road) to meet the initial cost of bringing it up to standard.

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Second time of asking
Q. I had the apex at the front of my house re-done less than three years ago at a cost of more than £5,000. The work involved replacing brickwork and beams as well as barge boards and the like. A year ago they came back when the paintwork on some of the decorative timber started peeling. Now more paintwork is peeling and there’s a damp patch above my bedroom window. Can I force them to come back again?
A. If the builders have been back once they will probably be prepared to do so again for the sake of their reputation. You are likely to get a better response by asking them nicely rather than threatening legal action. However if all else fails you could sue the firm in the small claims court, since paintwork would be expected to last longer than three years and the rebuilt area should be damp free (you could argue) for at least ten years.

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What’s in store?
Q. My nephew has just been made an executor of my aunt’s will. I have tried to explain what is involved, but am unsure myself.
A. It would be open to your nephew to instruct a firm of solicitors to carry out the administration of the estate on his behalf. It’s possible your aunt has also named a solicitor as co-executor. If your aunt’s affairs are complicated your nephew should certainly ask a solicitor for help. A full check list is too lengthy to be detailed here, but his duties will involve obtaining all the details of the aunt’s financial affairs and then completing the forms in order to apply for probate if necessary. This will give him authority to dispose of her assets according to her will.

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