Step in the wrong direction
Q. My former son-in-law re-married after divorcing my daughter. He has now died without leaving a will, and it seems that his step-family will inherit his money while his two daughters from his first marriage will get nothing. Will they have any claim on his estate?
A. It depends how much money he left and whether his house was in joint names with the second wife. If your former son-in-law and his second wife owned the home as joint tenants then his half of the house will pass automatically to the second wife. Under the intestacy rules his wife will receive the first £125,000 of the estate plus a life interest in half of anything above that sum. The other half would be shared equally between his children – not his step-children – and his children would also receive the remainder of the balance when their stepmother dies. If they were being supported by your former son-in-law at the time of his death both your grandchildren and his step-children could make a claim unless they receive adequate provision from the estate. They should discuss this with their solicitor.

Too derelict to tax
Q. I am a life tenant in a trust property which is administered by a local firm of solicitors. The property has not been maintained since the death of my grandmother 30 years ago. It is now in such poor condition that a structural survey has been recommended. Should I have to pay Band D council tax while it is in this condition?
A. You can only ask the Valuation Office to reassess your council tax band in very limited circumstances. The assumption is that the house is in a state of reasonable repair, although they may consider changing your band if there is a serious structural defect. The more pressing question is why your house has been allowed to get into this condition. You need to see a solicitor to establish whether you or the trustees of the trust are responsible for the repair. This is often the responsibility of the life tenant, but you need to look at the will or trust deed in question. If the trustees are responsible, your solicitor should write to them and get something done.

Freehold offer
Q. Our property was built in 1984 and is leasehold at a cost of £35 per annum over 99 years. We have been offered the freehold for £1100. What would be the advantage, if any, of purchasing the lease at this price?
A. Possibly none. If you are a qualifying lessee, having lived in the house for at least three of the last ten years, the purchase price of the freehold is negotiable. If agreement cannot be reached the price could be decided by the Leasehold Valuation Tribunal. If you feel that the amount you are being asked for is over the odds you could employ your own surveyor to negotiate with the freeholder. However any reduction may be outweighed by your own surveyor’s negotiation fee. Your lease has so long to run it may not be worth bothering about at this stage unless it contains covenants that you find restricting or irksome. Having said that, the increase in value of the house as freehold may make it worthwhile. Speak to a local estate agent to see what they think.

Old cheques
Q. The freeholder of my flat charges me for services he doesn’t actually supply. So when I send him a cheque for my ground rent I omit payment for the “extras”. I now receive no replies to my correspondence and my cheques are neither returned nor paid in. However the bank tells me that if by mistake they pay out on cheques that haven’t been cashed after six months I will still be liable. Can this be correct?
A. It’s normal banking practice to refuse to pay a cheque presented for payment more than six months after issue on the basis that it has been in circulation for a considerable period without presentation. However the drawer of such a cheque (you) remains liable on it for a period of six years from the date of issue, and your freeholder can request a replacement in these circumstances. Check the terms of your lease re your dispute over the services.

Moving in
Q. I am a pensioner who gets someone in to mow my lawn and trim my hedges in the summer months. Is it true that if someone does this on a regular basis they can claim the land after a number of years?
A. No. It is possible for people to acquire rights over private land over a long period of time. But in order for the gardener to claim ownership of your property (through “adverse possession”) you would have had to have been absent for at least 12 years, never challenged his right to be on your property, and the property itself would have to be not registered at the Land Registry. The fact that he’s in your garden at your invitation and carrying out your instructions doesn’t give him any rights over your property at all.