Daniels LLP Solicitors I used my redundancy money to buy a share in my parents’ house. However my father didn’t add my name to the deeds so the house was still in his sole name when he died, and my mother has gone into a care home. Can the local authority make her sell the house to pay the fees? I assume that your mother inherited the property either under your father’s will or because he didn’t leave a will at all? If this is the case then the local authority will deem that the entire property is owned by her and it can be taken into account when they look at the assets that she has available to her to fund her care. If you are 60 or over and live in the house the local authority cannot take the property into account when assessing your mother’s ability to pay. They also have discretion where younger relatives are concerned. However, you paid money to your father to buy a share in the property. You will have to produce records of your financial contributions and any evidence that shows that your father received the money from you and that it was in return for a share in the property. I would strongly recommend that you see a solicitor. Residents living on our private, unadopted road are constantly plagued by other people’s cars – for example students from the nearby halls of residence or visitors to the chip shop on the end. Notices stating that it’s a private road and that parking is for residents only are completely ignored. What can we do? If you could get everyone to agree you could install locked or electricallyoperated gates at the end of the road – or at least beyond the chip shop. It would have to be a unanimous decision however, and private gates can bring problems of their own. You could call a residents’ meeting, and if the idea receives unequivocal support ask a solicitor to attend to explain the issues involved. WE put up a boundary fence on either side of our garden 17 years ago. Neither of our neighbours has maintained it from their side, and one of the fences has now fallen into disrepair. The neighbour has put a note through the door saying it needs replacing, but I don’t see why we should pay for it if they’re not prepared to chip in. It’s possible your title deeds plan will show which fence, if any, you are responsible for by marking it with arrows. It’s unlikely that you’re responsible for maintaining both sides. If your title deeds don’t mention fences at all then in all probability neither you nor your neighbours are responsible for maintaining the fences, and you’re at liberty to let them fall down if you wish. If you both want a fence you will have to reach agreement over the cost of replacing it between you.
FEES YOU WON’T PAY
I had a will drawn up by a solicitor, but am in the dark about probate fees. Where and when will I have to pay these, and how much is it likely to cost? I have a small house, a car and a small amount of cash. You will never have to pay them! In order to sell your house after your death your executors will have to make an application for probate – at the District Probate Registry. There is a court fee which costs in the region of £200 currently. It’s slightly cheaper if submitted by a solicitor but you would need to pay for solicitors’ fees if you need help. It’s likely that the fees will be met from your savings – your estate – but as I say, they are payable after your death.
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