An­gela Brown

Macclesfield Express - - HOMES - FORC­ING A SALE BUSI­NESS DEBT

Daniels LLP So­lic­i­tors

Q. My ex-wife took me to court to force me to put our house on the mar­ket. She’s now in­structed the es­tate agent to drop the price.

Cir­cum­stances have changed since the or­der was made two years ago, and I won­der if there’s any way I can get it over­turned?

A. It sounds as though you were or­dered to sell your house at an an­cil­lary re­lief hear­ing, which is where the court works out a fi­nan­cial set­tle­ment be­tween di­vorc­ing cou­ples.

If it was a fi­nal hear­ing it’s ex­tremely un­likely that the or­der can be var­ied, but your so­lic­i­tor will be able to ad­vise you fur­ther.

If you can come up with al­ter­na­tive pro­pos­als as to how you might give your ex-wife her share of the eq­uity in the prop­erty the court will cer­tainly con­sider them, but changes to your ma­te­rial cir­cum­stances since the hear­ing won’t be taken into

Q. My hus­band ran a small busi­ness, and when he died re­cently some­one of­fered to buy it from me for £20,000.

He gave me £6,000 as a down pay­ment and signed a let­ter promis­ing to pay me the bal­ance as soon as he got a loan from the bank.

He’s now re­fus­ing to pay the re­main­der.

A. It sounds as if the buyer en­tered into a bind­ing con­tract with you to pur­chase the busi­ness for the price you’ve stated, and you should be able to sue him for the bal­ance in the county court.

You don’t say why he’s re­fus­ing to hand over the rest of the cash, but as­sum­ing there was no mis­rep­re­sen­ta­tion on your part you should be en­ti­tled to the money or your busi­ness back with com­pen­sa­tion for the loss of in­come from it in the in­ter­ven­ing pe­riod. See a so­lic­i­tor.

Q. A will has been drawn up by a so­lic­i­tor nam­ing me as ex­ecu­tor. It’s cur­rently be­ing held by the so­lic­i­tor for safe keep­ing, but I won­dered whether I should have a copy or whether it should be in my pos­ses­sion?

It’s pos­si­ble the will may have fu­neral in­struc­tions, which I won’t know about un­til I’ve seen it.

A. An in­di­vid­ual’s will is usu­ally a pri­vate doc­u­ment and can be changed any time un­til af­ter their death pro­vided they have men­tal ca­pac­ity, so it’s very com­mon for peo­ple to leave their wills with so­lic­i­tors for safety and pri­vacy. Your first job as an ex­ecu­tor (on the in­di­vid­ual’s death) will be to visit or con­tact the so­lic­i­tors to find out the de­ceased’s wishes, but if you are con­cerned, you can ask the in­di­vid­ual to pro­vide you with de­tails of their fu­neral wishes in ad­vance.

Depend­ing on your re­la­tion­ship with the in­di­vid­ual, they may not want to pro­vide you with de­tails of their fi­nan­cial af­fairs.

Q. I live on the end of a ter­raced row. My neigh­bours have six chil­dren, who use the path around the side of my house to get to their back door.

The chil­dren ride bi­cy­cles and bring their friends, which means I have no pri­vacy. I com­plain regularly to them but they main­tain they have a right of way. My neigh­bour’s ti­tle deeds say they’re en­ti­tled to ‘rea­son­able’ use, but surely use as a public foot­path or chil­dren’s play­ground isn’t rea­son­able.

A. I sym­pa­thise with your prob­lem but your neigh­bours are prob­a­bly right. If they’re en­ti­tled to rea­son­able ac­cess you are left with the dif­fi­culty of prov­ing to a court that what they’re do­ing is un­rea­son­able.

To sue them for nui­sance suc­cess­fully you would have to as­sem­ble a very strong case: it could be ar­gued that the po­si­tion of the path means you’re un­rea­son­able in ex­pect­ing the pri­vacy you re­quire.

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 leave your query on the le­gal ad­vice line 0117 964 4794.

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