Quick exit
Q. I am leaving my house and savings to my sister, as executor, and to various siblings. What procedure should she follow to allow her to sell my house quickly, and how long does it take to obtain probate? I am worried that the property will be burgled if it’s left to stand empty.
A. The authority of an executor derives from the will and because of this, your sister could probably put your property on the market even before your funeral! However, the probate will be required in order to satisfy the solicitors acting for the buyer of the property in the sense of proving to them that your sister has the right to sell the property. If your sister survives you she will be the person who, as your executor, will have to obtain probate. If your sister goes to a solicitor he will deal with all the probate application and also be able to do the conveyancing in relation to the sale of your house. Provided there are no complications it should be possible to obtain the grant within a few weeks of your death.

Generous Dad
Q. One of my daughters is planning to move house with her husband and I wish to give £20,000 towards the purchase. Can you let me know what the implications will be? I have been told I will be liable for a tax bill as I am only allowed to give her £3,000.
A. You can give your daughter £20,000 without any problem. You’re either confused about inheritance tax or capital gains tax or both! Capital gains tax may be applicable if you have to sell an asset to raise the money, and inheritance tax could come into play if you die within seven years of making the gift and your estate (including the £20,000) is valued at more than £300,000 (or the “nil rate band” at the time). But otherwise the gift will be tax free. My only concern is that, should the unthinkable happen and your daughter was to divorce, your son-in-law would be entitled to a share of your money.

Quarter share
Q. I’m divorced, and as part of the financial settlement my husband was allocated 25% of the house and a charge has been registered against the property to reflect this. This is due to come into effect on my death; but what would happen if my ex-husband died before me?
A. I think it’s more likely that the charge will take effect and your ex-husband will receive his share when you either die, remarry or if the house comes to be sold. Check the wording of the order. If your husband is no longer alive at that point his share in the property will go to his nearest and dearest, like any other possession. It’s something he could leave to someone in his will.

Testing a covenant
Q. We bought some land from the council in the 1960’s to build a commercial garage and our bungalow. The council included a covenant restricting the use of the premises to a garage only. We now want to sell it, but no-one will buy it with the covenant in place and the council want a lot of money to remove it. We are told that if the covenant holder has no adjacent land the covenant is void. Is this true?
A. There has to be some land that benefits from the covenant, but it doesn’t have to be adjacent necessarily. The document containing the covenant should state which land is affected. If it’s vague you may be able to argue that it is unenforceable, but you would have to go to court to do this, which is likely to be expensive. You could also apply to the Lands Tribunal to have the covenant removed, but this too is an expensive – and lengthy – procedure. Your best bet is to come to some arrangement with the council. If it looks as though you could have the covenant overturned the council will accept less.

Blocked in
Q. I live in a row of terraced houses which have a lane at the back to reach our garages. One or two neighbours park their cars in it, which means I can’t get out to the main road. I’ve had it out with the neighbours but they still park their cars there and as a result I’m always late for work. The police say there’s nothing they can do; are there any legal steps I can take?
A. You will have to check your title deeds, but they’re likely to state that the lane is to be used for access purposes only and/or confer rights of way on you. If the cars impede your rights of way you should be able to obtain an injunction against the neighbours which will prevent the unlawful parking from continuing. To begin with I suggest you take your deeds to a solicitor and ask him to write to the culprits setting out the legal position, reminding them that they will be responsible for your costs if you have to take the matter further.