An­gela Brown

Macclesfield Express - - HOMES - WHOSE HOUSE?

Daniels LLP So­lic­i­tors MY aunt, who is now 75, mar­ried a wi­d­ower. He died ten years ago leav­ing the house to three grand­chil­dren, although my aunt can live there dur­ing her life­time. How­ever my aunt’s not happy that the prop­erty will go to her hus­band’s fam­ily since she has con­trib­uted to it for more than 30 years. SINCE your aunt has spent money on the house she may now be able to es­tab­lish an in­ter­est in it by mak­ing a claim against the trustees of her hus­band’s will. She might have been able to ap­ply for more at the time of her hus­band’s death, but this should have been done within six months of the grant of pro­bate of her hus­band’s will. Your aunt will prob­a­bly be too late to chal­lenge the will at this stage, as­sum­ing that pro­bate was ap­plied for and granted. I MADE a will a few years ago with a firm of so­lic­i­tors nam­ing them as ex­ecu­tors. I have re­cently read that charges for this ser­vice are very high. Can you tell me the pos­si­ble charges for deal­ing with an es­tate worth ap­prox­i­mately £100,000? THE charges are likely to vary ac­cord­ing to the com­plex­ity of your af­fairs and the time it is likely to take to un­ravel them af­ter your death. It will also de­pend on the firm. But ei­ther way so­lic­i­tors are gen­er­ally reck­oned to give good value in this area these days; they will charge you for the work they’ve done, as op­posed to a bank, for in­stance, which is likely to charge a flat rate based on the amount of money in­volved. Ask your so­lic­i­tors how much they are likely to charge. MY brother and I bought the house we share five years ago. I paid cash for my half and he took out a mort­gage for £62,000 in joint names and has paid all the mort­gage pay­ments him­self. He moved out a year ago and now wants £10,000 to trans­fer his share of the house over to me. Is this a fair amount? The sit­u­a­tion is caus­ing bad blood be­tween us. YOU need to have the house val­ued by a com­pe­tent es­tate agent. If it’s worth more than the price you paid for it you should ex­pect to pay your brother half the in­crease in value. If you con­tinue with the present mort­gage it will be nec­es­sary for your brother to be re­leased from his li­a­bil­i­ties by the bank or build­ing so­ci­ety, and for the len­der to con­sent to be sat­is­fied that you can pay the mort­gage on your own be­fore the trans­fer of the prop­erty into your sole name.

GONE TO GROUND

I HAVE al­ways paid my ground rent to an es­tate agent, but eight months ago I was told they would no longer ac­cept it and the new owner would be in touch. I’ve heard noth­ing since then, although I have put the money aside. IF you can’t get the ad­dress of the own­ers from the es­tate agents you can do no more than wait for them to con­tact you. It’s pos­si­ble you will never hear from them again, since in many cases it costs more to col­lect ground rent than it’s worth. There may be mi­nor com­pli­ca­tions if at some

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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