PROPERTY LAW

ABSENT FATHER’S LEGACY

My parents split up when I was very young and I hardly saw my father. My mother is no longer alive, and on checking at the registry office I discovered that my father also died some time ago. The certificate was signed by my aunt. Since he had money and property and I was his only child I wondered if I might have inherited any of it. Could I find out? Ask your aunt for a copy of your father’s will, or visit the local probate office. Any will can be inspected by the public once work has started on winding up the deceased’s affairs. Your father may have left his money to someone else of course; but if he didn’t make a will you should have inherited everything as his next of kin (unless he remarried). If you can’t trace a will, see a solicitor.

WHO GETS WHAT?

My wife is divorcing me and is trying to force me to leave our council house which I have rented for 35 years. Why is the man always asked to leave? We are on income support so there is no money to fight over. If there are children involved and you have agreed they should live with your wife, or a court has made an order to this effect, it’s likely your wife will continue to live in the house since the children’s welfare will be the court’s main concern. If there are no children to take account of your wife may have no more right to the house than you, and you will have to argue your case.

HOUSEWIFE’S RIGHTS

I want to enquire about my rights as a wife and housewife. According to my husband I have none, not even to any housekeeping money. The question arises because I was recently made redundant. People who are married have a legal obligation to provide for each other and for their children. If one of them receives inadequate support, he or she can apply to the court for an order for maintenance to be paid, whether for themselves or for their children. Your husband is right to the extent that without a court order you have no legal right to a particular share of his income. Such orders are generally made of course where a couple split up: if you were to divorce you would be entitled to a share of any assets you have.

ALL CHANGE

I made a will a few years ago and appointed my step-son and his son to be executors. Since then my step-son has borrowed quite a large sum of money from me and is now unable to repay it, with the result that I no longer want him to have any part in my affairs. Is it necessary to have two executors? No, one executor will suffice, but it is always good practice to have an alternative executor should your first choice be unable to act for whatever reason. Changing an executor means altering your will of course: you can do this by adding a codicil, although it’s often as easy to make a new will.

Call SAS Daniels LLP Solicitors on 0161 475 7676 or 01625 442 100.

Visit www.sasdaniels.co.uk If you have any legal questions, write to Weekly Law and You, MEN Media, Mitchell Henry House, Hollinwood Avenue, Chadderton OL9 8EF, or email mail@lawQs.co.uk